الموت الدماغي في ضوء قانون نقل وزراعة الأعضاء العراقي | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 2, August 2022, Pages 614-639 PDF (1.24 M) | ||
| Author | ||
| م. د. زين العابدين خالد عطية | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| Among the results arising from the developments in various spheres of life. The term “brain death” is what the findings of technical and medical progresses came to, and known as the modern criterion for considering a person dead. This criterion is based on two theories, one of which considers a person dead with the death of entire parts of the brain and such trend is called the American School. The second approach is simply saying that a person dies when the brain stem just dies, and this is the direction of the British School. In Accordance of reading texts of the Iraqi legislation on organ transplants and transfers, we find that it takes the criterion of brain death according to the American School. However, the position of the Iraqi legislator was devoid of many details related to determining the signs of brain death, the method of proof, and the procedures followed in case of a person’s brain death being proven. At this point, the case confines to be transmitted to the competent authority. Furthermore, the outcomes of the possibility of organ transplantation and transfer from the brain-dead person to a person with such a case, entails penal responsibility for those who violate the rule of law regarding organ transplants and transfers. This text identifies one case in which the law permits the transfer of the organ from the brain-dead for a person, which is a case of just medical necessity, as well as a case with conditions that are detailed in Law No. 11 of 2016. In order to understand the aspects of the subject, it has been divided into two sections: The first section, offers an explanation of “brain death” as a concept and its distinction from other terms. The second section, shows the attitude of the Iraqi legislator towards brain death | ||
| Keywords | ||
| Brain; Death; Human; Organs | ||
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