UHRC, Legislators Disagree Over Consent For Organ Removal

Posted by: Kyeyune Andrew Jonathan in Uganda news August 11, 2022

Officials from the Uganda Human Rights Commission (UHRC) together with their Uganda Law Society (ULS) counterparts yesterday had a disagreement with the members of the health committee of Parliament.

They disagreed over the need for free consent and also free revocation when it comes to organ removal. The committee members wanted the time frame for revocation to be longer.

However, the UHRC and ULS asked that the time frame must be before the onset of operation for organ removal.

The Luuka District Woman MP, Ms Esther Mbayo, said that regardless of the need for free informed consent, revocation of the same must be regulated. This is so that the recipient is not left stranded at the last minute.

She talked about how it takes time to prepare patients for organ transplant. Therefore, revoking consent at the last minute will leave a patient traumatized.

“Colleagues, we need to handle the issue of revocation of the consent carefully. A potential donor cannot just wake up at the last minute and decide that he or she is withdrawing his or her consent and yet the recipient has already been prepared. This will leave the recipient in bad state, so I propose that the time frame should be longer,” she said.

Col Dr Victoria Nekesa, one of the Uganda People’s Defence Forces (UPDF) representative to Parliament backed Ms Mbayo. She said one time she sent a donor and patient to India. However, upon their arrival, the donor revoked his consent creating a big problem.

“It would be better if a reasonable time frame is given for revocation of such consent. This is so that there is time to seek another donor,” she said.

A couple of other legislators backed the move. However, a tidal wave from both UHRC and ULS stood in their way. They argued that just like freely consenting, there must be no conditions attached when withdrawing the same. This is up to the time before the operation.

Ms Shifrah Lukwago, a member of the Commission leading the UHRC team, said while any intervention in the health field can only be carried out after the person concerned has given free and informed consent, the person must not be under any duress in withdrawing it.

“Donors should be free to revoke or withdraw consent anytime before the procedure is done without giving any justification,” she said.

She further said the council must provide adequate information to the potential donor. This should come in advance so that they make an informed choice.

Ms Monica Kyamazima, the Willow International country director, and an advocate with ULS, told the committee that the issue of revocation of consent is non-negotiable.

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