Cape Verdean Parliament approves law allowing organ harvesting and transplantation

The Cape Verdean Parliament this Friday as a whole and unanimously approved the proposed law on organ donation, retrieval and transplantation, which will be free and with presumed consent.

The law was approved at the first session of parliament in December by a unanimous vote of the 62 deputies present at the session (there are 72 deputies in parliament), of which 32 are from the parliamentary group of the Movement for Democracy (MDD, in power), 26 are from the African Party for the Independence of Cape Verde (opposition) and four from the Independent and Democratic Union of Cape Verde (UCID, opposition).

During the debate as a whole, opposition deputies drew attention to the presence of “an excess of remissive standards,” that is, those that need to be regulated, and therefore asked that the diploma be given maximum foresight and normative status.

PAICV MP Josina Fortes, the only one to declare her vote, supported the idea, also criticizing the “total lack of guidance” in the diploma and asking that the safety of the recipient be one of the points that need to be improved in the specialty.

The most sensitive issue in the debate was the question of what consent would be presumed for people who died in or as a result of an accident.

Presenting the diploma, Health Minister Filomena Goncalves stressed that the ultimate goal is to “save lives,” saying the law will give hope to the more than 300 people who undergo dialysis every day in the country’s two central hospitals.

He also stated that the “social norm” would promote altruism, have a wider range of donors, and in matters of presumed consent, reduce family burdens, save more lives and simplify the administrative process.

Noting that the law respects individual autonomy, the holder of the health portfolio demonstrated an openness to discuss proposals within the specialized commission, as well as to promote communication, awareness and clarification in Cape Verdean society.

Another proposal made during the debate was the possibility of private medical institutions being able to perform organ transplants. The minister said the goal is to ensure this is done in the best possible way, safely and in compliance with the legal framework.

Without prejudice to criminal, civil and disciplinary liability, fines for those who break the law range from 80 thousand escudos (725 euros) to 1.2 million escudos (10.8 thousand euros), amounts that will be allocated to the state (60%) and health regulator (40%).

The law, which has long been demanded by Cape Verdean doctors and which has been awaiting passage in parliament for several years, will come into force six months from the date of publication.