Legally, a person’s decision to donate their organs should be binding under the Human Tissue Act 2004.
However, in practice, next-of-kin are allowed to raise objections and override the potential donor’s decision.
What should be a strong and enforceable right is, in practice, a very weak one.
Organ donation is a personal decision as well as a public benefit – there are currently 6,500 people on the transplant waiting list in the UK and around 1,300 will die before an organ is found.
If our decisions aren’t respected, you could argue these rights are being interfered with.
The current system in the UK varies depending on where you live.
The Human Rights Convention, which protects all our rights, does touch on areas relating to organ donation.
Article 10 protects our right to freedom of expression, while Article 8 protects our right to respect for personal and family life.
Following her LLB at UCL she undertook an LLM in Criminal Justice at QMUL.
People on the Con side keep throwing the words "compulsory" and "unconstitutional" around, but the heart of the matter we're trying to get at here ISN'T mandatory donation. You can decide to opt out of donating your organs, or you can stay in the program and donate them after your death.
But if you stay in the program, it doesn't automatically mean that you'll be harvested after you pass.
It's not unethical or unconstitutional either, because after you die, you're DEAD.
Not to blunt the matter, but you won't need both your kidneys or your lungs when you're body's in the ground and your soul is somewhere else.