Legal Regulation of Human Organ Transfer and Transplantation Operations (A Study in Light of the Law on Donation and Transplantation of Human Organs in Kurdistan-Iraq, No. 1 of 2018)

Abstract

Human organ transfer and transplantation operations represent one of the most complex contemporary legal and medical issues, as they balance therapeutic interests aimed at saving lives with the sanctity of the human body protected by law. This study highlights the legislative regulation of these operations in the Kurdistan Region of Iraq to ensure they are conducted within a humanitarian framework and to prevent exploitation or trafficking. Adopting a descriptive-analytical approach, the research analyzes the provisions of the Law on Donation and Transplantation of Human Organs in Kurdistan-Iraq (No. 1 of 2018) and its subsequent instructions, in light of the general principles of criminal liability. The study is divided into two chapters: the first addresses the legal framework for organ transfer and transplantation among living donors and from deceased bodies, while the second explores the criminal liability of physicians by reviewing its forms and instances of occurrence. The analysis concludes that these operations constitute a legitimate exception restricted by public policy requirements, including gratuitousness, informed consent, a minimum donor age of twenty-two (22), the certainty of brain death, and the prohibition of transplanting single or reproductive organs. Furthermore, criminal liability is established for any violation of these conditions, with penalties ranging up to intentional homicide charges in specific cases. Accordingly, the study recommends amending Article (1/IV) of the law to clearly distinguish between the concepts of "transfer" and "transplantation," prioritizing the deceased's prior will over the heirs' consent, and restricting donation to relatives to combat covert trafficking. It also suggests establishing a comprehensive health insurance system to ensure maximum protection for donors".