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Differential inclusion of foreigners/migrants to organ transplants: ethical dilemmas in face of non-ethical practices

Abstract

This article addresses the way in which certain ethical dilemmas related to organ transplantation to "nonresident" foreigners are enacted by the Argentine government through regulations that define differentiated treatments between national and non-national transplanted subjects. While establishing how they are connected to migration policies, it demonstrates that there are mechanisms of differential inclusion that guarantee the registration in waiting lists available only to nationals and foreign "residents" and allow live donor transplantation to "nonresident" foreigners. These processes of opening and closing of borders are possible because -in the current context- there is a governmental concern with the protection of public goods provided by the State, one of the constituent functions of migration control. At the same time, there is a moral obligation of the Nation-state to life care within the framework of a humanitarian government.

Keywords
migration; ethics; organ transplantation; differential inclusion; Argentina

Centro Scalabriniano de Estudos Migratórios SRTV/N Edificio Brasília Radio Center , Conj. P - Qd. 702 - Sobrelojas 01/02, CEP 70719-900 Brasília-DF Brasil, Tel./ Fax(55 61) 3327-0669 - Brasília - DF - Brazil
E-mail: remhu@csem.org.br