Debates Parlamentares - Diário 002S1, p. 48 (2016-09-16)

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II SÉRIE-A — NÚMERO 2 48

i there is no compatible donor available who has the capacity to consent;

ii the recipient is a brother or sister of the donor;

iii the donation has the potential to be life-saving for the recipient;

iv the authorisation of his or her representative or an authority or a person or body provided for by law

has been given specifically and in writing and with the approval of the competent body;

v the potential donor concerned does not object.

Article 15 – Cell removal from a living donor

The law may provide that the provisions of Article 14, paragraph 2, indents ii and iii, shall not apply to cells

insofar as it is established that their removal only implies minimal risk and minimal burden for the donor.

Chapter IV – Organ and tissue removal from deceased persons

Article 16 – Certification of death

Organs or tissues shall not be removed from the body of a deceased person unless that person has been

certified dead in accordance with the law.

The doctors certifying the death of a person shall not be the same doctors who participate directly in removal

of organs or tissues from the deceased person, or subsequent transplantation procedures, or having

responsibilities for the care of potential organ or tissue recipients.

Article 17 – Consent and authorisation

Organs or tissues shall not be removed from the body of a deceased person unless consent or authorisation

required by law has been obtained.

The removal shall not be carried out if the deceased person had objected to it.

Article 18 – Respect for the human body

During removal the human body must be treated with respect and all reasonable measures shall be taken to

restore the appearance of the corpse.

Article 19 – Promotion of donation

Parties shall take all appropriate measures to promote the donation of organs and tissues.

Chapter V – Implantation of an organ or tissue removed for a purpose other than donation for

implantation

Article 20 – Implantation of an organ or tissue removed for a purpose other than donation for

implantation

1 When an organ or tissue is removed from a person for a purpose other than donation for implantation, it

may only be implanted if the consequences and possible risks have been explained to that person and his or her

informed consent, or appropriate authorisation in the case of a person not able to consent, has been obtained.

2 All the provisions of this Protocol apply to the situations referred to in paragraph 1, except for those in

Chapter III and IV.

Chapter VI – Prohibition of financial gain

Article 21 – Prohibition of financial gain

1 The human body and its parts shall not, as such, give rise to financial gain or comparable advantage.

The aforementioned provision shall not prevent payments which do not constitute a financial gain or a

comparable advantage, in particular:

II SÉRIE-A — NÚMERO 2 48 i there is no compatible donor available who has the capacity to consent; ii the recipient is a brother or sister of the donor; iii the donation has the potential to be life-saving for the recipient; iv the authorisation of his or her representative or an authority or a person or body provided for by law has been given specifically and in writing and with the approval of the competent body; v the potential donor concerned does not object. Article 15 – Cell removal from a living donor The law may provide that the provisions of Article 14, paragraph 2, indents ii and iii, shall not apply to cells insofar as it is established that their removal only implies minimal risk and minimal burden for the donor. Chapter IV – Organ and tissue removal from deceased persons Article 16 – Certification of death Organs or tissues shall not be removed from the body of a deceased person unless that person has been certified dead in accordance with the law. The doctors certifying the death of a person shall not be the same doctors who participate directly in removal of organs or tissues from the deceased person, or subsequent transplantation procedures, or having responsibilities for the care of potential organ or tissue recipients. Article 17 – Consent and authorisation Organs or tissues shall not be removed from the body of a deceased person unless consent or authorisation required by law has been obtained. The removal shall not be carried out if the deceased person had objected to it. Article 18 – Respect for the human body During removal the human body must be treated with respect and all reasonable measures shall be taken to restore the appearance of the corpse. Article 19 – Promotion of donation Parties shall take all appropriate measures to promote the donation of organs and tissues. Chapter V – Implantation of an organ or tissue removed for a purpose other than donation for implantationArticle 20 – Implantation of an organ or tissue removed for a purpose other than donation for implantation 1 When an organ or tissue is removed from a person for a purpose other than donation for implantation, it may only be implanted if the consequences and possible risks have been explained to that person and his or her informed consent, or appropriate authorisation in the case of a person not able to consent, has been obtained. 2 All the provisions of this Protocol apply to the situations referred to in paragraph 1, except for those in Chapter III and IV. Chapter VI – Prohibition of financial gain Article 21 – Prohibition of financial gain 1 The human body and its parts shall not, as such, give rise to financial gain or comparable advantage. The aforementioned provision shall not prevent payments which do not constitute a financial gain or a comparable advantage, in particular:

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