earticle

영어

Clinical transplantation of animal tissues and organ into humans, so called xenotransplantation, is an alternative way to supply transplant organs. It carries with it a currently unquantifiable risk of the transmission of viruses from the animal to the human recipient. Therefore, the following would be necessary in order to monitor the health status of recipients: life-long surveillance, waiver of the right to withdraw consent, consent of their sexual partners, restrictions of travel, post-mortem examination, and so on. However, these conditions are violations of their human rights. Because it would be essential for recipients to personally comply with public safety measures, specific laws need to be enacted. To protect society in the event of emerging infectious diseases, governments must devise a legally effective means of ensuring compliance with such safeguards. This article argues that legislation implementing a xenotransplantation surveillance system should withstand constitutional scrutiny. Since the fundamental rights of recipients would be violated, the legal adequacy of such violations must be considered under existing constitutional doctrines.