Under current law, in both the U.S. and Britain, organ donations are voluntary. Unfortunately, under this system it is estimated that 16 people die each day waiting for a transplant. Many have suggestions about how to solve this problem. For, example, I have written about organ sales here. However, British Prime Minister Gordon Brown has gotten behind a proposal to eliminate explicit consent. The Daily Telegraph reports:
The proposals would mean consent for organ donation after death would be automatically presumed, unless individuals had opted out of the national register or family members objected.
From the standpoint of behavioral economics, it is reasonable to assume that this will increase organ donation. For example, this change is quite in line with the idea of libertarian paternalism (see here, here, here). However, the fundamental question at the center of this proposal is a question of property rights. Is your body a public good or a private good?
Under the current organ donation system, individuals are assumed to have the right to their organs and thus the organs can only be removed after explicit permission from the individual or their family. Under the proposed system, organs are assumed to be a public good where those awaiting donation are assumed to have the right to your organs unless explicitly stated otherwise.
While the plan has the potential to save lives, it comes at a high price. Individuals essentially lose their autonomy as they necessarily become of function of the state. Similarly, this policy is akin to some faulty logic. For example, it is obvious that Brown believes that if the organ donation were the default option, then organ donation would increase. Therefore, when the number of donors increases, this is thought to be a benefit to the individual and to society. However, simply relying on the default option does not imply that this is the better choice any more than the current decision to rely on the default choice.
As a property rights issue, the default choice should allow the individual the right to their body and its contents. This allows the individual to be autonomous while at the same time the ability the provide the gift of life if they so choose.
