© KEYSTONE/LEANDRE DUGGAN
Switching to the principle of presumed consent would increase the number of organ donors and thus save lives. Alain Berset on Tuesday defended a revision of the law which is “not a revolution, but a small step”.
Organ donation can not only improve a patient’s state of health. But also and above all save his life, launched the Minister of Health Alain Berset at a press conference.
In Switzerland, each year, 450 people receive an organ removed from a deceased person. In European comparison, it is low, he recalled. Currently, the rule of express consent prevails. Very often, when relatives have to decide because the deceased has not expressed a will, they refuse.
More than 1,400 people were on the waiting list at the end of 2021 to obtain an organ. And the waiting time varies between several months and several years depending on the affected organ.
Not a revolution
To improve the chances of these patients, Parliament adopted a revision of the law on transplantation, as an indirect counter-proposal to a popular initiative that has since been withdrawn conditionally. It introduces the principle of presumed consent. Anyone who does not actively object would automatically be considered a donor.
The change is not so important, it’s not a revolution, but a small step, tried to reassure Alain Berset. Because the area is very sensitive. “We are talking regarding deaths, difficult times for families.”
Role of relatives
Relatives will continue to be actively consulted, recalled the Minister of Health. In the absence of a document attesting to the will of the deceased, they may oppose the removal if this respects the presumed will of the deceased. If the latter has not expressed her wishes and if no relatives can be reached, no organ can be removed.
The model has already proven itself in other countries, such as France, Italy, Austria and Spain, said Alain Berset. Organ donors are on average more numerous there than in countries that have explicit consent, such as Switzerland, Germany and Ireland.
will ignored
Switzerland will decide on May 15 on this ethically delicate issue. For the committee that launched a referendum, such a paradigm shift must be submitted to the people. The revision might undermine the right to physical and mental integrity and to self-determination.
About six million people would potentially be affected in Switzerland, the referendums calculated. All should be properly informed of the implications of their presumed consent. In their eyes, it is impossible. Organs might then be removed once morest the will of their owner.
“Unthinkable”, for the Minister of Health. The fact that relatives will continue to be consulted will avoid this type of case.
Federal Register
Eventually, a federal register must be created. Each person who so wishes might register their wish to be considered, or not, as an organ donor. Such a register should obviously meet the strictest requirements in terms of security and protection of personal data, specified Alain Berset.
The donor card currently distributed by the Swisstransplant Foundation will remain active. “Any expression of the will of the deceased person, even on a piece of paper, is valid”, according to the Federal Councilor. What matters is to help loved ones make a decision in the event of death.
Information to the population will play a key role in this issue, he acknowledged. Campaigns will be planned.
