The inviolateness of life and equal protection: a defense of the dead-donor rule

Abstract

There are increasing calls to reject the dead-donor rule and permit organ donation euthanasia in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than on the donor who possesses them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be to make our worth contingent upon variable quality-of-life judgments that can be based only on properties that come in degrees. Thus, rejecting the dead-donor rule comes at the expense of egalitarian principles with respect to the value each individual human life has in relation to the protections against killing.