What is Organ donation and Organ Transplantation?
In the modern world, there have been many medical developments to improve the quality of life. Such developments include organ donation and organ transplantation. Organ donation entails an individual consenting to the removal of one of their organs for transplantation into another person. This consent can occur during the donor's lifetime or through a legally authorized arrangement prior to their death, including consent from the legal next of kin for deceased donations. On the other hand, organ transplantation means the grafting of any human organ or tissue of any living or deceased person to some other living person for therapeutic purposes. Living organ donation permits individuals to contribute specific organs and tissue during their lifetime, yet the bulk of organs and tissue utilized for transplantation are sourced from recently deceased individuals.
What organs can be donated and transplanted?
Globally, organs such as the heart, lungs, liver, kidneys, pancreas, intestines, corneas, skin, tendons, bone, and nerves are all viable for transplantation from one individual to another. Yet, prior to donation and transplantation, medical experts thoroughly evaluate each organ to gauge its health and suitability. For instance, if an individual dies from a heart attack, their heart becomes unsuitable for donation and transplantation. However, other organs such as the liver and kidneys, if deemed healthy, remain eligible for donation and can be transplanted to those requiring them.
Legal framework in Tanzania
Tanzania currently lacks specific legislation dedicated solely to organ donation and transplantation. Nonetheless, it acknowledges the significance of organ donation and endeavors to establish a legal framework facilitating such donations. During an interview on the 24th November 2017 with the Citizen and Guardian Newspapers, the Minister for Health, Honorable Ummy Mwalimu, underscored the pressing need for such legislation. She stressed the escalating prevalence of non-communicable diseases (NCDs) like diabetes, heart diseases, and cancer, pointing out the absence of legal provisions permitting organ donation in mainland Tanzania. Consequently, she advocated for the formulation of appropriate regulations. Despite the absence of formal laws and regulations, individuals in Tanzania continue to donate and transplant organs, often seeking these services in health facilities located in India.
According to a report released on August 25th, 2022 by the secretariat of the World Health Organization Regional Committee for Africa, many African countries, including Tanzania, lack explicit legislation governing organ donation and transplantation. However, it is worth noting that Kenya and Uganda have taken aggressive steps to develop a secure and fair framework for the allocation, distribution, and transplantation of human organs. Uganda has enacted the Human Organ Donation and Transplantation Act of 2023, while Kenya has implemented both the Tissue Act of 2012 and the Health Act of 2017. Tanzania should follow the lead of neighboring nations and create its own set of laws and regulations controlling organ donation and transplantation within its border.
To summarise, while organ donation and transplantation play critical roles in improving global healthcare outcomes, mainland Tanzania confronts obstacles in developing a comprehensive legal framework to manage these operations. Despite a lack of formal legislation, Tanzania recognizes the necessity of organ donation and transplantation, and attempts are underway to develop rules to enable such procedures. Honorable Ummy Mwalimu, has emphasized the urgent need for regulatory measures, particularly given the rising prevalence of non-communicable diseases. Moving forward, addressing these legal gaps is essential to ensure equitable access to life-saving organ donation and transplantation services in mainland Tanzania.
Meriosgita G. Paulin- Legal Intern
Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
