We propose removing section C (2) in the government draft law. The IMA, as stated above, opposes granting “payment” to organ donors. We believe that this will exert pressure primarily on low-income families to donate the organs of their loved ones that passed away unexpectedly, even if a priori they would not have done so.
With respect to the draft law submitted by MK Golan, we maintain that sub-section C (1) should be worded “consideration transferred to the donor’s family according to Section 26”. We claim that the word “payment” should not be used as it trivializes the circumstances and thus the term “consideration” is more appropriate. Additionally, in light of our opposition to granting consideration for donations from the living, consideration to the donor is meaningless, and only consideration to the donor’s family is relevant. Therefore we propose the wording of the section as stated above.
In sub-section C (2) to MK Golan’s draft law we propose the following wording:
“Consideration provided by an entity recognized by the Minister according to the provisions of Section 26 and granted to a family member of an individual with respect to the consent of the said individual to harvest an organ from his body after his death, provided that the said individual agreed in his lifetime to granting consideration to the family member or that the family of the said individual agreed to this consideration.”
We are of the opinion that the other sub-sections in the section fail to meet the purpose of the law, to institutionalize organ donations and that the section harbors the danger of encouraging organ trading (monetary consideration in exchange for an organ donation from a living donor), and that this has no place in Israel today.