NAČELA POSTUPKA PRESAĐIVANjA LjUDSKIH ORGANA U SRPSKOM PRAVU

Abstract

Organ transplantation is a form of a specialty treatment aimed at saving, prolonging and improving the quality of life of gravely ill patients. Although the organ transplantation is a field of medicine, this procedure is connected to the need for respecting and protecting of a number of individual rights which makes it also the subject of the regulatory framework. In that context, the goal of this paper is to investigate the principles which lay the grounds for the procedure of human organs transplantation in Serbian law and to answer the question whether the provisions of Serbian Law on human organ transplantation allow the adequate implementation of these principles. In order to reach this goal, the author of this paper compares the national concepts on this matter to those adopted in German and Croatian law, as well as to those foreseen in the European supranational law passed by the Council of Europe. Following a detailed analysis of the meaning and the scope of influence of each of four major Serbian law principles of human organ transplantation on the protection of basic human rights and dignity of both the organ donor and recipient, which constitutes the major part of the paper, in the concluding remarks the author presents her recommendations for the improvement of the existing norms regulating this matter.