• A Selection of Constitutional Perspectives on Human Kidney Sales

Lambert Academic Publishing
Publication date:

(Advocate Bonnie Venter holds the following qualifications: LLB (2010)(NWU)and LLM (2010)(UNISA). She is currently a lecturer in the Department of Jurisprudence, UNISA. She publishes in the field of Medical Law and wishes to continue her doctoral studies in this field.)


The specific focus of this book is to examine whether the sales of human kidneys could be regarded as constitutionally acceptable in South Africa. This book focuses on the obligations that the state has in terms of the Constitution of the Republic of South Africa as well as the basic human rights each individual has and how the government must protect these rights in a transplant context. These obligations are analysed in terms of the right to life, the right to human dignity,the right to self- determination,the right to privacy, as well as the right of access to healthcare services.These rights are evaluated against the proposal of buying and selling kidneys.In addition to being constitutionally acceptable, the selling of kidneys must be bioethically justifiable as well. Therefore, kidney sales are also tested against the four pillars of bio-ethics: respect for patient autonomy, beneficence, non-maleficence and justice. In this book there is also a focus on the arguments for and against the selling of kidneys. Furthermore, a comparative study is conducted of the legislation pertaining to organ transplants in South Africa with other countries such as Singapore and Iran.

MATERIAS: Healthcare, Autonomy, Privacy, constitution, human dignity, human life, kidney donation, organ sales, living donor, kidney sales