To Opt In or Opt Out? That is the Question : A Discussion on the Advantages and Disadvantages of the Opt In and Opt Out Organ Donation Systems for States’ Fulfilment of the Right to Life

Sammanfattning

Organ donation is a topic that affects thousands of people and focuses on increasing the number of organs through using two different organ donation systems. This thesis aims to evaluate these two systems through the capabilities approach using the research question: According to Nussbaum’s capability approach, what are the advantages and disadvantages of the opt in and opt out organ donation systems for a state’s fulfilment of Article 6 of the ICCPR? This thesis has found that there are multiple advantages and disadvantages for the system, but that Practical Reason is the biggest disadvantage of the opt out system and that the opt in system respects human capabilities more frequently. Therefore, this thesis concludes that with effective information distribution the opt in system poses more advantages than the opt out.