CAIRO: Disagreement between members of the health and constitutional committees in Egypt’s Shoura Council (Upper House of Parliament) over the definition of death, have posed fresh obstacles to a new law regulating organ transplants.
The law was originally proposed by the Doctors’ Syndicate over eight years ago. But it wasn’t until two years ago that it was presented for discussion in parliament
The main bone of contention over the proposed law centered on a debate over the definition of death. Legislators opposed to the law say that death occurs when only both the brain and the heart stop, while the law’s advocates believe that death occurs when one of the two organs seizes to function.
Medically speaking, in order for the organs of a dead person to be used in a transplant operation, the heart of the donor should still be pumping.
The final draft of the law said that brain death constitutes actual death, which triggered objections from some MPs.
Speaking to a local news program Sunday, Abdel Rahim Nafie, a Shoura Council MP, said that he disagrees with the new law’s definition of death.
“A patient whose brainstem is dead but his heart is still functioning is still alive.and any attempt to take organs from him should be considered a crime, he said, calling on the Doctors’ Syndicate to come up with a more specific definition.
MPs Nader Al-Meleigui, Mahmoud Khedr and Taher Al-Masry, agreed, saying that although “brain death is one of the indicators of death, the death of the heart is the real and final death.
Advocate of the new law Hamdy El-Sayyed, head of the Doctors’ Syndicate as well as the People’s Assembly’s health committee, described the Shoura Council debate as “disappointing.
He pointed out that the new draft law stipulates that a special committee of three independent doctors, in fields unrelated to organ transplants, will also be asked to confirm the donor’s death status.
“However, I’m unfazed by this meeting because the Shoura Council is only a consultative body, with no executive power, El-Sayyed told Daily News Egypt.
“The government is very excited about the new law and the [the ruling party] has the majority of seats in the PA so it will pressure its members to approve the legislation, said El-Sayyed, referring to those objecting to the new law as a “few strict members.
National Democratic Party Shoura Council MP Shawki Al-Sayyed said that the committee working on the new law should come up with a final and accurate definition of death as soon as possible to end illegal organ trafficking in Egypt, despite El-Sayyed’s insistence that no changes will be made to the current draft law.
The draft law’s definition of death was based on a fatwa (religious opinion) by Grand Sheikh of Al-Azhar Sheikh Mohamed Sayed Tantawy, and was approved by the Islamic Research Center, according to El-Sayyed.
In 1997, Tantawy declared organ donation permissible. Tantawy even proclaimed his intention to donate his own organs to any needy patient.
The new law also penalizes doctors who perform illegal organ transplants, who will be subject to a maximum sentence of 15 years in jail. Hospitals and medical facilities allowing illegal operations will also be fined up to LE 1 million and can be shut down altogether.
Last May, the State Council approved the new organ transplant draft law and referred it to the Ministry of Health.
The ministry approved the law and sent it to the PA for debate and final approval, but when discussions reached a deadlock, the law was sent back to the Shoura Council.
Since last February, El-Sayyed has been vocal about his concern over the status of the law, accusing some MPs in the PA’s religious committee of standing against it.
As a result, PA Speaker Fathi Sorour excluded the religious affairs committee from the discussions, leaving the matter in the hands of the health committee.
Minister of Health Hatem El-Gabaly is a major supporter of the new law. At a conference last summer, the new legislation is “essential to end ‘organ tourism’ in Egypt and to regulate organ transplants to benefit those who need them the most – not the ones who can pay the most.
Some 18 Muslim countries including Saudi Arabia already have organ transplant laws in place.
