Author
Martorell, E. C., Ünver, Yener
Publication Date
2012
Publication Place
-
Legal Publishing
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2147-1045
Record ID
75a1b4f4-6906-461b-949c-be92d252840a
Library Location
Law
Date
2012
Sample Text
Transplanting a leg, arm or even a face from a dead person is no longer something that belongs to Forensic-Fiction-History, but is a reality that offers normal life to people who have been in serious physical condition in the last decade. Facial transplantation is a type of healing/reparative tissue transplantation. In this microsurgical intervention, facial tissue structure, such as the nose, skin, tongue or eyelid of a deceased person, is transplanted to the patient like a mask to create a non-existent face or part of it. As in many experimental areas of medicine, facial transplantation in Spain clearly led to the development of a legal process. However, legal uncertainty regarding VCA is also encountered in other countries. Organ transplantation is regulated by the Spanish Transplant Law (Law No. 30/1979, dated 27 October 1979, on organ procurement and transplantation) and the Spanish Transplant Regulation Regulation (Kingdom act No. 2070/1999, dated 30 December 1999, which regulates the activities related to the acquisition and clinical use of human organs and the regulation of donations according to the territorial system, and the transplantation of organs and tissues). However, within the organ transplantation legislation, there are also provisions that apply to tissue transplantation. A relevant example is Article 5 of the Spanish Transfer Law. Accordingly, unless the person concerned has made a clear statement to the contrary, the organs or other body parts of a deceased person may be taken for treatment or research purposes. In addition, according to the second additional article of the Spanish Transport Law, transparent layers and other tissues can be taken for the purpose of transport regulated by the legal system. Again, the provisions of Chapter V of the Spanish Transplant Law on the international coordination of donation and transplantation-related activities are obviously also valid for the international coordination of the transplantation of human tissues. In last 10 years, transplantations of legs, arms and face from a dead body is not just in a fiction stories but a reality for people who are physically harmed. Transplantation of face is a type of transplantation of tissue that recuperates and repairs the body. In this microsurgery, the structure of tissue like nose, skin, tongue or eyelid from dead body is transferred to the patient like a mask for forming the face or the part of the face. Like other experimental areas in medicine, the transplantation of face caused the development of legal procedure in Spain. Nevertheless, the legal ambiguity for VCA has also been seen in other countries. Transplantation of organs is regulated with Spanish Transplantation Act (about transplantation of organs, 27.10.1979, numbered 30/1979 Act) and Spanish Transplantation Regulation (it is regulated with the activities regarding clinical utilisation of human organs and arranging the donations according to territorial system and with Royalty Act(30.12.1999, numbered 2070/1999) that regulates transplantation of organ and tissue). In addition to this, in the legislation of transplantation of organ, there are provisions that can apply to transplantation of tissue. The fifth article of Spanish Transplantation Act is an example of this. Accordingly, if the person doesn't make any explanation clearly, then that person’s organs and some parts of the body can be taken for treatment and research purposes from the dead body. Moreover, according to the second additional article in Spanish Transplantation Act, transparent layer and other tissues can be taken for transplantation purposes if it is regulated by legal order. Also, the provisions of the fifth chapter of Spanish Transplantation Act which is about international coordination of activities about donation and transplantation is also in force for international coordination about receiving human tissues.
Cilt
1
