Resumo

RODRIGUEZ LAINZ, J.L.. Reflections on consent of organ donation from deceased person: influence of judgment of European Court of Human Rights. Case Petrova v. Latvia. Cuad. med. forense [online]. 2015, vol.21, n.1-2, pp.19-23. ISSN 1988-611X.  https://dx.doi.org/10.4321/S1135-76062015000100003.

Agreeing to the removal of organs from deceased shows obvious differences from the technical-legal concept of informed consent; though some similarity might be found with those of obtaining consent by substitution, and in the case of minors or disabled, with the assumption of consent by proxy (consent by representation). The Spanish legislation, adopting the regime itself of the environment States belonging to the Council of Europe, has designed a system of presumed consent unless specifically stated otherwise; in which the work of the transplant coordination should be directed to determine whether the potential donor expressed in life such opposition; on the understanding that at no time be required a possible justification or weight whatsoever of the reasons for the refusal; and although the daily performance of transplant coordinators direct its action strategy to involve patients in the responsibility and significance of such an act of generosity. The JECHR of June 24, 2014 (case Petrova v Latvia), although showing full conformity with the regulations based on presumed consent contained in the Oviedo Convention of 4 April 1997 and its Additional Protocol Strasbourg 24 January 2002, has linked the so-called right to family life with the obligation of public authorities to provide the closest relatives with at least an opportunity to set out their views before an appropriate decision is adopted.

Palavras-chave : Consent of deceased person; Organ donation; European Court of Human Rights; Oviedo Convention.

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