Debunking religious and cultural misconceptions of Organ Donation and Transplantation

• Author: T.S.N. Muwanga,A. Nienaber,P.A. Carstens
• DOI: 10.25159/2522-6800/4122
• Published date: 01 December 2019
• Date: 01 December 2019
• Pages: 1-21

Southern African Public Law

https://doi.org/10.25159/2522-6800/4122

https://upjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online)

Volume 34 | Number 2 | 2019 | #4122 | 21 pages

© Unisa Press 2019

Article

Debunking Religious and Cultural Misconceptions of

Organ Donation and Transplantation

TSN Muwanga

University of Pretoria

tracymuwanga@hotmail.com

A Nienaber

University of Pretoria

annelize.nienaber@up.ac.za

PA Carstens

University of Pretoria

pieter.carstens@up.ac.za

Abstract

Organ transplantation is a life-saving procedure that is arguably the most viable

treatment option for individuals who are faced with end-stage organ failure.

Owing to a shortage of organs for transplantation, however, patients suffering

from chronic organ failure often succumb to their illness while on a waiting list.

Research has shown that the underlying reason for a lack of motivation to donate

stems from inter alia religious and cultural views and practices that are believed

to go against organ donation and/or transplantation. This article offers an

analysis of specific religious and cultural beliefs which are native to South

Africa and discusses the convictions that are both for and against donation. The

article further explores the possibility of gaining clarity with regard to these

misapprehensions and suggests possible solutions to bringing awareness to the

public through the use of a modified version of the Traditional Health

Practitioners Act 22 of 2007, as a suggestion. It also advocates education for

medical personnel about the different religious and cultural traditions and rituals

which accompany death, leading to an atmosphere of respect for the deceased

and the deceased’s loved-ones.

Keywords: organ transplantation; organ donation; religion; culture; bodily integrity;

medical law

2

Introduction

South Africa, like most of the world, is faced with a shortage of organs for

transplantation. This life-saving procedure is the most viable option for individuals who

are faced with end-stage organ failure, but they often succumb to their illnesses while

on the organ donor waiting lists owing to this shortage. The shortage of organs for

transplantation is the result of a lack of organ donors. It is important to understand the

reasons for the lack of organ donors in order to suggest possible solutions to the

predicament to increase the donor pool. One of the major reasons for the reluctance of

people to be organ donors stems inter alia from their religious and cultural views and

practices, which are believed to go against organ donation and/or transplantation. This

is understandable, because when individuals are faced with a dilemma or situation in

which a difficult decision needs to be made, people tend to revert to their religious

and/or cultural belief systems for guidance. In this respect, religion and culture,

therefore, remain of great importance in society.

Secular nations respect this importance by providing a right to the religious beliefs of

individuals (sometimes including a right to cultural belief) in their legislation. South

Africa, for example, provides for the right to freedom of religion in section 15 of the

Constitution, 1996. This right is further protected by the equality clause of section 9, in

which it is stated that every person is equal before the law and may not be unfairly

discriminated against, either directly or indirectly, on various grounds, including a

person’s religion and culture.

1

The importance attached to these rights is further

enhanced in section 31 of the Constitution, which provides for the right of individuals

to enjoy and practise their religion and culture.

The importance of religion and culture in society may also be seen in nations in which

a specific religion is recognised as being that nation’s ‘official’ religion. Malaysia, for

instance, recognises Islam as the religion of the Federation, but it allows for the peaceful

and harmonious practice of other religions.

2

Some nations, such as Nigeria, strictly

forbid a single state religion, making allowance for freedom of religion instead.

3

The

Constitution of the Republic of Singapore also provides for freedom of religion and the

right not to be discriminated against on this ground.

4

Zurani and others state that in a

1

Sections 9(1) and 9(4) of the Constitution of the Republic of South Africa, 1996. The grounds include

one’s ‘race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation,

age, disability, religion, conscience, belief, culture, language and birth.’

2

Section 3(1) of the Federal Constitution of Malaysia, 1 November 2010.

3

Section 10 of the Constitution of the Federal Republic of Nigeria, 1999 prohibits the adoption of state

religion. Section 38 further allows for freedom of conscience and religion, among other grounds.

4

Section 15 of the Constitution of the Republic of Singapore, 9 August 1965.