The extent of legitimate of the operations of transplantations of human parts at the Iraqi legislation


The surgical medicine was largely developed at the half of last century. The surgical medical doctors were able to replacement a bad human parts by other good parts. The operations of transplantations of human parts were started, as the other medical and scientific achievements, by many tests extend for a long years. When that tests succeeded, the surgical medical doctors made that operations, but without any legislations that permitted them to make such operations. The successful of those operations created a new status and the society was before many legal, ethics, social, religious, economical, problems. Therefore, the medical doctors were afraid to be under the responsibility, when they do like that operations and what are the permission allowed them to do such woks. In addition, the patient should need to legal personality against every harmful medical work. Also the faultless man who will give one of his parts needs too to be protect by law. In order to make that protection, the legislator should interfere to put necessary conditions for human behavior at his parts.The speech about operations of transplantations of human parts definitely mean the speech about the body of the himself, as it considered a source of that operations. The harm to human being body considers as a criminal act and the law punishes criminal man according to penal law. The civil law does not allow to treatment with body of man. In order to determine the legitimate of operations of transplantations of human parts the Iraqi legislator was with medical development at the seventieth of last century. So when the operations were successfully done to cornea of eye, there a special law issued under No.133, 1970. Another successfully operations were made to transplant to kidney, a law was issued under No. (60) 1980. Then a new law for the operations of transplantations of human parts under No. (85)1986. This new law was legislated to achieve a successful treatment interesting for patients in order to save there life and achieved legal protection to the medical doctors with there works and to limit the ways of obtaining of parts for transplant and forbidding trade of human parts.


human parts