Gry Mile Jakobsen Kidney Disease, Transplantation and Trade
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Gry Mile Jakobsen Kidney Disease, Transplantation and Trade A literature review study exploring similarities and differences in renal transplantation policies and trade in India and Iran Master Thesis in International Social Welfare and Health Policy Autumn term 2009 Faculty of Social Science Oslo University College 1
Abstract The issue of organ trade in India and Iran has been a great concern in The World Health Organization, but there have not been many studies nationally or internationally which could highlight this health problem globally. How kidney vending in India and Iran affected poor people in these countries are explored and discussed in this thesis. The relationship between the theories poverty, health risk and social risk are elaborated and compared with my findings in the literature. The main objective of this qualitative research is to highlight and compare the differences and similarities of the legal and illegal kidney trade in India and Iran. To gather information about this topic, it has been used a literature review of already existing empirical research and articles. The collected data is examined in order to find reliable and quality literature about kidney vending in India and Iran. Both Iran and India had a large number of patient with end-stage-renal-disease (ESRD) coming from abroad to buy a kidney in their country. This purchase of kidneys were only possible because they have many poor people who are desperate and in need of money and therefore willing to sell one of their kidneys. In 1988, Iran changed their laws and allowed people to sell a kidney to the state. India changes the law in 1994 and forbid selling of organs, but allowed people to give one of their kidneys to another person for an altruistic reason. In this thesis, I will seek to find how India and Iran have managed to prevent organ vending and how this has affected poor people who want to sell kidneys. 2
Acknowledgement To complete this master program and my final thesis, there are many people who have helped me and encouraged me through this time. First of all, I will deeply thank my supervisor John David Kisuule Alao for following me up through the work with the thesis, guided, learning and encourage me the whole time. With your inspiration and motivation I would not have managed to complete this study without you. Special thanks go to the librarians working at Vestre Viken Helseforetak, sykehuset Buskerud, Linda Warhuus, for all your help and always willing to find things for me. I also want to thank Sandra Ulvær for reading through the thesis and correction of my English. Last, but not least, I will thank my family for being patient with me through my whole period of study. Gry Mile Jakobsen Drammen, January, 2010 3
Table of contents Chapter 1 Introduction 1.1 Background………………………………………………..6 1.2 Objective…………………………………………………..7 1.3 Research Question………………………………………...7 1.4 Theoretical Perspective……………………………………8 1.5 Relevance………………………………………………….9 1.6 Structure of the Thesis……………………………………..9 Chapter 2 Definition of Concepts 2.1 Kidney Buyer and Seller………………………………….10. 2.2 Risk……………………………………………………….11 2.3 Trust………………………………………………………12 2.4 Stigma…………………………………………………….13 2.5 Summary………………………………………………… 14 Chapter 3 Methodology 3.1 Introduction……………………………………………...15 3.2 Qualitative Research…………………………………… 15 3.3 Literature Review………………………………………. 16 3.4 Inclusion and Exclusion………………………………….19 3.5 Literature Collection……………………………………..22 3.6 Limitations……………………………………………… 24 3.7 Summary…………………………………………………25 Chapter 4 Iranian and Indian Transplantation Model 4.1 Introduction………………………………………………26 4.2 Iranian model……………………………………………..26 4.3 Indian model……………………………………………...29 4.4 Summary………………………………………………….32 Chapter 5 Discussion 5.1 Introduction………………………………………………33 5.2 Poverty and Kidney Sellers……………………………….33 5.3 Health Risk and Kidney Trade……………………………37 5.4 Social Risk Related to Kidney Trade……………………..43 5.5 Summary………………………………………………….51 Chapter 6 Conclusion…………………..……………………………………52 4
References 5
Chapter 1 Introduction 1.1 Background The background for this thesis is to observe the relation between the growing concern of people with renal failure and the lack of replacement organs, which would create a new life for people with end-stage-renal-disease (ESRD). Globally, this is a concern in almost every country in the world and many patients with ESRD die while waiting for a new kidney either donated from a dead person (cadaveric transplantation), or as a gift from a living donor, for example a relative or someone else. The World Health Organization (WHO) estimated in 2008 that 1.4 million people worldwide received renal treatment therapy such as transplantation or dialysis (White, 2008: 161). The fact that a person can live a healthy life with only one kidney makes it possible for a kidney to be given from one person to another. The blood of a patient suffering from ESRD has to be cleaned of residual products and the only way to do this is through a dialysis machine two or three times a week. As the patient is dependent on this medical treatment to survive, it can create physical, mental and social difficulties. Compared to kidney transplantation, dialysis is very expensive health service for a country (White, 2008: 161). As already mentioned, the shortage of available kidneys for transplantation is a great burden to many countries all over the world. In China for instance, they use executed prisoners to increase the donor pool and in USA, since 1999, around 30,000 patients have died while waiting for a kidney, because the donation system is not well developed (Hippen, 2008: 2). In some low and middle income countries such as India, Pakistan and The Philippines a business has been created in selling kidneys from poor people to rich people, often from western societies. Most governments in the world have forbidden commercialism in transplantation surgery, but illegal activity still exists in some parts of the world with professionals like nurses and doctors who are willing to be a part of such trade. Poor people in developing countries are willing to take the risk and sell one of their kidneys to another person (Shimazono, 2007: 955). Poverty is a great concern in developing countries and one of the main reasons why people sell a kidney. The World Bank has estimated that one billion people in the world live in poverty, the majority of them living in low income countries. In 2004 the WHO Assembly made a resolution and encouraged member states to take action against the organ trade and 6
protect poor people from this business (Shimazono, 2007: 955). India and Iran are two of the countries that are involved in kidney transplantation sale. However, as it will be discussed later in the thesis, the policies adopted in these two countries are quite different. In Iran it is legal to sell and/or donate a kidney to someone, but India the law forbids trade in human organs. The different approach in policies must have an effect on people‘s lives, especially the poor who are desperately in need of money and are willing to sell one of their kidneys to solve family or personal economic problems. 1.2 Objectives The main objective in this qualitative literature review study is to explore the similarities and differences in renal transplantation policies and trade in India and Iran. My specific objectives are: 1. To describe and analyze how the two transplantation models have developed in India and Iran. 2. To reflect on how poor people cope with life after selling a kidney. 3. To compare similarities and differences in how operative the two models in India and Iran are in relation to each other. 1.3 Research Questions My research questions are: 1 Why do poor people in India and Iran sell a kidney to a patient with ESRD? 2 What are the social and health risks related to kidney transplantation in India and Iran? And are they different or not? 3 Are sellers in India and Iran different when it comes to social categories and economic status? 7
4 In what way can a patient with ESRD be able to buy a kidney in India in spite of it being illegal? 5 Is the Iranian model preventing kidney sale or not? 6 What role does religion play in kidney sales and transplantation policy in India and Iran? 1.4 Relevance The relevance of this literature study is to describe and explore how poor people in India and Iran are connected to organ trade and to highlight the risk they are taking with their life. Health policy is an important issue when authorities are creating transplantation programs and it prevents commercial organ trade in special developing countries. India and Iran have revised their legal framework according to kidney sale and studying how this is done can be of importance to show other health workers, social scientists, non-Government organizations and the Transplantation Organization, that organ trade is still a great concern and a burden to the international society. Shimazono expresses in the WHO Bulletin that organ trade is an important health policy issue and that it needs to be more highlighted and make people aware of this business and the exploitation of poor sellers. He also elaborates that: ―there is an urgent need for further medical and social scientific research‖ (Shimazono, 2007: 960). Additionally, there is a lack of studies addressing the long term health risk to which poor kidney sellers are exposed. This study will try to show how health and social risk are connected to each other and that poverty is one of the main reasons for people to sell a kidney. Another main relevance is that there are no previous studies that have compared India and Iran when it comes to sale of kidneys and this is why I have tried to find studies with the most similar topics as possible. No other article or study has previously highlighted the actors in legal and illegal kidney transplantation policy or trade. More studies on this topic are needed to make people and policy makers aware of the suffering to which poor kidney sellers in India and Iran are exposed. The changes in a poor seller‘s life after surgery must increasingly be followed up in the long term to see how their physical, mental and social life is affected. 8
1.5 Theoretical Perspectives In this thesis the theoretical focus will be on the concept of risk. Therefore in chapter 5, I will discuss this concept by relating it to health and social risks which people experience or are exposed to after selling their kidneys. Also in my discussions, exploring the concept of poverty is very vital. Thus in developing countries like India, Iran etc, due to poverty people take risk decisions or get involved into risk actions. This is not only in relation to kidney trade but even in relation to other actions and/or behaviours such as stealing, prostitution, drug trafficking etc. Therefore through my discussions I will try to illustrate how poverty is a starting point for health and social risks for people who are sell their kidneys. 1.6 Structure of the Thesis The thesis is compiled in 6 chapters, the first of which has already been presented in the introduction and background information needed for further approach to the rest of the research. The objectives, research questions, relevance and theoretical perspectives have been presented here. Chapter two defines the key concepts which are used throughout the thesis. The kidney buyer and seller are defined and the behavior of risk is discussed in relation to health and social relationships involved in the legal or illegal kidney trade. Trust is a concept between the actors in the kidney sale and this is elaborated and described in relation to kidney sellers. The third chapter brings detailed information of the methodological process in this study and discusses qualitative research methods in a literature review. Quantitative research methods will also be looked into as many of the articles used contain such processes. My choice of collecting literature data, how this has been searched for and the limitations in this thesis will be described. The validity and reliability in the used literature is defined and elaborated. In chapter four the findings of literature on kidney trade in Iran and India will be elaborated and explored on how these countries have built up their kidney transplantation models. Chapter five discusses the theoretical framework in relation to poverty, health and social risk, observing how these theories are connected to each other in the business of kidney sale. Chapter six presents the main conclusion of this thesis. 9
Chapter 2 Definition and Concepts 1.1 Kidney Buyer and Seller Trade is a concept which many people connect to business in the financial world, but trade exists on many levels and in many different economic sizes. A Google search on the Internet for ―trade‖ gave ―voluntary exchange of goods, services or both‖. Trade is also expressed as market and commerce. In modern trade, money has been increasingly used as an exchange and the result of this is the creation of buying and selling. To define the concepts of organ trade will be that people purchase with human body parts. Organs like kidneys can be sold alive or from dead bodies, for instance following a car accident. The literature for the most part refers to the patient with ERSD as the recipient. The recipient is the person who is given or receives a new kidney from a dead human, a related family member or a close friend, in order to eliminate an illness and thus achieve a better quality of life. He or she does not have to pay or give anything back and is thus a recipient because a donor gives without expecting reciprocation. However, when trade of organs and payment for kidneys are brought into this issue, the recipient is no longer a receiver, but a buyer. In India and Iran such transactions involve money directly or indirectly and that is why these recipients in my view will be referred to as buyers. The expressions to donate or to sell a kidney to another person can easily be confused with one another, especially in literature where both are being used, depending on how these words are defined. A Google search on the Internet for ―donate‖ gave many results connected to donation to non-Government organizations that either request money donations to poor people, or make people sign donor cards which state that they are willing to donate parts of their body after death. In this case the definition is that something is being given away voluntarily, and not something that has to be paid for. The donation of a kidney to an unknown person has to be without payment and without any kind of coercion. Donation is often connected to transplantation surgery when family members or friends donate a kidney or part of a liver to a sick relative. However, although it is possible that some people are willing to donate for an altruistic reason because they want to do something good for someone who is ill, this is still without coercion or payment and they do not expect anything in return. 10
To define the concept of a seller is to describe it as the opposite of a donor. A seller expects something in return when purchasing with goods or body parts. The reason for selling is the need for money and when people do not have anything to sell but their own body, they purchase with organs. I will define people that sell one of their kidneys to an unknown person to be a seller, but in many articles I have read, the authors refer to these people as donors. Even WHO describes sellers as donors when they write about the ―dilemma over live-donor transplantation‖ (WHO, 2009). From the WHO Bulletin, Shimazono (2007: 958) is also paying attention to organ trade, but uses the words: ―paid organ donation on the donors‖. In the Iranian article from Kermanshah, Zargooshi (2001: 386) uses the word donors, but expresses: ―the majority of donors in Iran are vendors and not donors‖. In view of this, I will use buyer and seller when I refer to organ trade in India and Iran. 2.2 Risk Although the language of danger has turned into the language of risk, it seems that through history, the word risk has changed. Also the means of measuring and communicating risks are in many cases new. Thus the phenomena which were previously referred to as hazards, dangers, or uncertainties are today labelled as risks. This means that disputes about risk have become endemic and self generating. Nature is no longer regarded as the main reasons for risks to health. Most risks can be seen as created by humans. Douglas (1992:40) refers to a risk as a probability of an event combined with the magnitude of losses and gains it will entail. Often the ‗public‘ does not see risks in the same way as the experts do. This means that the types of risks people take and how they cope with them are related to their social system and what they define as risks. Thus although some people try to avoid some risks, others may not. For example, according to World Health Organization (2002: 5) healthy and wealthy people from developed countries seem to be more concerned about their risks to health than poor people in poor communities. But it is also important for us to understand that in some cases or situations, the risks people take are associated and influenced by the conditions that they may be in at that particular time. For example, as I will illustrate in this thesis poor people in India and Iran take risks by selling their kidneys because they may have no other economic avenues for survival or to solve their immediate financial needs. 11
2.3 Trust One definition of trust is: ―the optimistic acceptance of a vulnerable situation in which the trustor believes the trustee will care for the trustor‘s interest‖ (Gilson, 2006: 360). According to Gilson this definition contains key words which are related to trust; relation, voluntary, vulnerability and risk and expectation. All of these words are also connected to the trade of organs. Sellers and buyers have expectations regarding the health care deliveries. They trust that professionals will give them an equal treatment as anyone else and that the surgery is carried out in a hygienic and technically correct manner. Trust will here be related to minimizing of health risk, for example, to prevent infections after surgery and to reduce pain. Social relations involved in trust can be on various levels, for instance between family members, nurse to patient or politicians to their citizens. Poor people are vulnerable in many ways and especially when they are willing to sell a kidney to another person, they really need to trust the different actors in the organ trade. Another relation in trust can be between husband and wife if one of them sells a kidney. The trust they have in each other can be an important part of their lives after surgery. The degree of honesty in the seller and his or her experiences depends a lot on their relationship and the degree of their trust in one another. Trust in kidney sale ought to be a part of an open process that both husband and wife take into consideration before and after selling. However, this aspect of trust will be of social character reflecting how trust has been created in a family, between neighbors or in the community. Trust in their own community and family is extremely important when poor people decide to sell a kidney. If there is lack of trust in social relationships as mentioned above, stigma can be a serious result and of great importance to the seller. Stigma minimizes people‘s ability to participate in society and family relationships. Gilson (2006: 361) describes that; ―civic trust is influenced by social policy and system‖. The relation to this, in my study, will be to discuss the legal transplantation model in Iran. In what way can sellers trust that the government gives them the right information about surgery, can they trust this information and that the authorities will act the way they have promised. Health programs should idealistically contain ethical and moral values that give every citizen equal health care and opportunities within the system. Political trust has, according to 12
Halpern (2005: 180), important factors that have to be present if a government can give trust to their people. One main concept here is honesty and openness in public affairs. In this study, trust will be seen in relation to ethics because this is a very important value to me in my daily work as a nurse. Health care providers must try to give every patient trust in their relationship, so that each patient can feel that they are special, treated as an individual and that ethical values are followed. Although the concept of trust has several meanings at different levels, in this thesis the concept of trust will be related to poverty, health and social risk. 2.4 Stigma The concepts of stigma and discrimination will be used a great deal in this thesis. Thus, it is important to illustrate how sellers cope with their everyday life in the society after surgery. In view of this, I consider it necessary to define and discuss what is stigma and discrimination. Stigma and discrimination of people have different forms and levels in society and occur universally in every society, such as; in society at the workplace, between men and women, in families, public places, in the health sector between doctors and patients, nurses and assistants, sportsmen and trainers etc. Cultural norms and values in a society create stigma and discrimination in fields of, for instance, religious beliefs, fear related to death and illness, lack of understanding and information, prejudice etc. Goffmann (1963) defines stigma as a significant discrediting attribute possessed by a person with an undesirable difference. Stigma is a powerful means of social control applied by marginalizing, excluding and exercising power over individuals who display certain traits. Katz (1979) states that stigma contains certain negative characteristics and a reduction of the possessor of the characteristics. Problems such as isolation, rejection, prejudice and discrimination are issues that people try to avoid in interactions with other individuals who deviate from their own group norms both physically and psychologically. There are two main types of stigma; self stigma and enacted stigma. Self stigma has to deal with the feelings individuals have according to their own body and beliefs about themselves and in relation to others. These feelings concern shame, self hatred, fear and anxiety etc. Issues like these make the individual avoid relationships with others, which can result in 13
isolation from society and family. As I will illustrate in chapter five, in the case of kidney trade this reveals how sellers cope with their life after surgery and how they manage to be a part of their family and society. If they blame themselves for their actions, and feel shame and guilt, their opinions about themselves can lead to isolation and stigma. Enacted stigma is related to experiencing discrimination from others within a family or society in which poor people live. Individuals can be stigmatized by others for example in due to age, gender, religion, color etc. Prejudice from others is one main cause of discrimination and in the kidney trade these prejudices partly lie in people‘s religious beliefs. I think that stigma in this two countries has some similarities and differences. 2.5 Summary In this chapter I have defined the concepts which I consider important in this thesis in relation to kidney trade in India and Iran. The concepts of kidney buyers and sellers are only related to vending of kidneys and not donation of organs. Risk and trust are important factors in a kidney seller life in relationships with their families, friends and societies. To put themselves at risk, kidney sellers are exposed to discrimination and stigma. These concepts will be discussed and elaborated further in chapter five. 14
Chapter 3 Methodology 3.1 Introduction This chapter outlines the research process and collection of literature. As mentioned, this is a qualitative study with research questions which are conducted in a literature review. Here, the collection of articles will be presented according to the method of a literature study. Why this method has been chosen and other methodological considerations will be discussed and elaborated. The criteria for selection of data will be described as well as the way in which the different searches in books and on Internet sites are used. 3.2 Qualitative Research Science is a systematic process for answering questions concerning issues in the world by using research methods to achieve more knowledge in various investigations. In social science today, researchers use methods to investigate individuals, societies and social processes to obtain more knowledge about the social world. A research method is a technique to structure and analyze information in a study and there are two alternatives for developing information available in the world. The focus on these two methods lies in one traditional way, quantitative research, and another on a more naturalistic, questioning approach, qualitative research (Polit, 2008: 15). In this study the qualitative research method will be focused on elaborating and explaining the kidney trade in India and Iran. To define a qualitative research method is: ―Methods such as participant observation, intensive interviewing, and focus groups that are designed to capture social life as participants experience it, rather than in categories predetermined by the researcher‖ (Chambliss and Schutt, 2007: 333). In order to reach the goal in social science there are four different ways to carry out project study: ―description, exploration, explanation and evaluation‖ (Chambliss and Schutt, 2007: 8). Exploratory research is often used in qualitative methods and seeks to explore through questions and interviews on how people‘s feelings are related to their actions and concerns, ―words rather than numbers‖ (Chambliss and Schutt, 2007: 10). Defining exploratory must be according to Chambliss and Schutt: ―to find out how people get along in the setting under 15
question, what meanings they give to their actions, and what issues concern them‖ (2007: 10). Therefore, in this study I have used different studies from India and Iran to explore the meanings and feelings people have about the kidney trade and what issues concern them after selling. Major features in a qualitative research in social science are described by Chambliss and Schutt as observation, participation and interviews (2006:165). Many qualitative studies involve interviews which express feelings, experiences in human lives and perceptions of an individual‘s behavior. Sometimes a special group is in focus and the interview can be structured or unstructured in various interview methods. The most important issue in qualitative method is when the data collection is gathered in the field, and Chambliss and Schutt define this as ―field research‖ (2006: 165). Research often begins with an event of interest and continues to provide new information and insights into the research question. By asking questions about the phenomenon, the main significance emerges, ―the attempts to offer understanding of the underlying causes or full nature of a phenomenon‖ (Polit, 2008: 21). In this study this will be in terms of trying to understand why poor people vend with kidneys and explore how the society in which people live reacts to such behavior. 3.3 Literature Review A literature review can be defined as a study of already existing knowledge about a special topic of interest where the researcher seeks to prepare and analyze the collected literature into a social context (Polit, 2008: 757). The purpose of literature varies a lot in different studies and the researcher has to identify the problem and ask questions about the topic. The researcher must be familiar with all the available data about the topic, before analyzing the data and has ―to be confident of preparing a comprehensive state-of-the-art review‖ (Polit, 2008: 106). In my point of view, the researcher in a literature review becomes an expert on his or her theme. One has to be acquainted with all available literature concerning a special topic and it is extremely important that one critically reviews all studies and collected articles before presenting findings and discussions on the subject. In this thesis, this is associated to the way in which I have defined my problem and the kind of articles and studies that I have chosen. The interpretation of the literature has to be carried out in relation to vending of kidneys by poor sellers. By using primary sources from different studies on this topic, this 16
thesis can hopefully be a basis for new research by highlighting how much poor people suffer and how poverty is a main reason for selling a kidney. The advantage of using the method of literature study is that I am able to compare various articles and studies from different researchers on the same topic. Therefore, reading so much literature on one special topic makes the literature researcher a specialist within this framework. However, there can be a disadvantage in the fact that this collected material can be over interpreted and already widely known, which provides the researcher with a problem of explaining his or her findings in an way that the general public will understand. The quality of a literature study depends especially on two certain and significant criteria to achieve qualitative measurement: reliability and validity. Measurement, quality and adequacy are some instruments to use and test the reliability in a study. Reliability concerns a measure‘s accuracy and can be defined as: ―An instrument is reliable to the extent that its measures reflect true scores‖ (Polit, 2008: 452). In this study, the literature that is collected will be tested to see if it answers the research question being asked. The literature concerning the kidney trade has to be in relation to my topic and questions. One instrument is the key words which are used in the search for literature on the Internet and web sites relevant to the topic, such as kidney sale, religion and ethics in organ trade. Reliability refers to how precisely and consistently the information in a study is obtained (Polit, 2008: 196). A study is reliable if it produces the truth about the chosen phenomena and gives consistent answer to questions being asked (Chambliss and Schutt, 2007: 74). The problem being investigated has to be connected to real life in order to be reliable and that is why this study prefers to use primary sources. These sources have to be carefully read and checked in relation to the origins of the researcher or authors, the kind of background they have, are they doing this for some organizations or government, the kind of methods being used and so on. Many articles in mass media are about the kidney trade in India but these are not always reliable or use primary sources and must be checked before being used in a study. Although Indian kidney trade exists, there are very few studies on this topic and some articles and studies have not been taken into consideration because they are either too old, concern donation and not the trade, or some come from other countries. The key concept in this study has to be defined and used in the gathering of available literature and a search for different studies on the topic has to be carried out to see if someone 17
has done research on this topic before. The theoretical concept has to be in relation to the chosen topic and research questions in a manner that makes it possible to bring the theory into the discussion part of the study. The literature had to be tested so that the information about kidney trade in India and Iran addressed my research question. I had to focus on the theme and the defined concept. A definition on reliability: ―A measurement produced yields consistent scores when the phenomenon being measured is not changing‖ (Chambliss and Shutt, 2007: 334). The literature findings must answer the question of the study and be in relation to the topic. For instance, findings on how buyers from Nepal manage to buy a kidney from India, did not answer my research question. How reliable a research is, can be illustrated in the relation between the researcher and the seller in the kidney trade, on how the researcher managed to understand the meaning of the seller‘s action in relation to the individual and the social context in which he or she lives. By this I mean that I have to look closely at every study on this topic and how the research has been carried out. In particular, consideration must be given to where the interviews have been performed and if there are other persons present during the interviews. This can be a significant factor that can influence the interviews, perhaps disturbing the interview so that the question being measured does not produce a valid answer. For instance, in one study from India the researcher asked if the seller was forced by another person to sell a kidney and there was another person in the room during the interview. It can be difficult do give an honest answer if the husband is present and he has perhaps coerced his wife to sell a kidney. The critique will be that the researcher introduces his or her own opinion to the case and not only the seller understanding of his or her life. Validity is a concept in every study and is related to reliability, but it is more: ―complex concept that broadly concerns the soundness of the study‘s evidence‖ (Polit, 2008: 196). It concerns the measurement of how well this is founded and if it can be used as an instrument to measure what the researcher really intended to investigate. To define validity can be: ―the degree to which an instrument measures what it is supposed to measure‖ (Polit, 2008: 457). The validity of this study will be if the chosen literature is able to answer the question or problem stated earlier in this thesis. Inquiry or research proposal needs answers related to the question and these must be consistent in validity or truth. One question in this study addresses the reason why poor people sell a kidney to another person. The answer to this must be searched for in different literature from India and Iran, and this has to be critically 18
reviewed before considering its validity. I have to ask if it gives the answers it is intended to measure. Does the literature give me the knowledge I need to answer the research questions about poor kidney sellers and not about other organs or about donation and not selling. That is why the researcher has to be creative in finding literature from different sources, like web sites, articles and books, to narrow the topic down and get valid answers to the question. Validity is one instrument to evaluate if the study is of good quality, but it can be difficult to establish because there are no clear equations that easily judge the validity of a research. (Polit, 2008: 458). Therefore, the more evidence and studies that can be gathered about kidney trade in India and Iran, the better the quality, but I have scrutinize the studies and see who has written them, the origins of the researcher, or whether the studies have been ordered from some organizations, government or company. The reliability and justifiability of these people must be taken into consideration. ―Validity is the state that exist when statements or conclusion about empirical reality are correct‖ (Chambliss and Schutt, 2007: 340), but how can I be sure that everything is correct when the study is a literature review and I have not collected the data myself? To rely on studies by others must be a necessary part of a literature review and the collected data has to be carefully evaluated before being taken into consideration. 3.4 Inclusion and Exclusion Criteria for doing a good literature review have to be systematic decisions by the researcher of what to include and exclude in the data (Polit, 2008: 108). Including data is the sample of the literature that is found, checked and evaluated as valid. In the start of this thesis, many different approaches to kidney trade were tried and evaluated before resulting in this specific topic. There are many actors in kidney trade and many countries in the developing world are active in the buying and selling of kidneys. My including sample was to narrow these vast numbers down and take into consideration who in this business I wanted to study. At first, I tried to look at both the sellers and buyers, but included just the poor sellers in India and Iran. The reason for focusing on Iran and India is because they have had many people from other countries coming to buy a kidney from poor people and for transplantation surgery. By including India and Iran, I wanted not only to 19
explore why poor people purchase with kidneys, but also to study their health policy program related to kidney transplantation. India‘s and Iran‘s change in laws and policy according to transplantation of kidneys are an important inclusion in this thesis. The selected literature is not older than the change of laws in India and Iran, from 1994 and 1988 respectively. In 1994 the Indian government made a law that forbids the trade of using human organs as a commodity. The government allows people to donate a kidney to a close friend or a relative without any money involved, but forbids people to sell a kidney for payment to another person. India had an important trade with kidneys before this new law was created and the country was known to be one of the greatest exporting countries in the world of kidneys from poor people to wealthy people from the west. This is the main reason for the change of law and it is why I have chosen to see how this has affected poor kidney sellers in India. The government of Iran changed their law in 1988 and allowed people to sell kidneys to the state and get a compensation reward in return. The trade of kidneys in Iran was also large before 1988 with rich people coming especially from Saudi Arabia to by a kidney. The war in Afghanistan has brought many refugees to the country and these poor people could easily become a target in the kidney trade. The laws in Iran forbid people to sell a kidney to a person from another country and by this means, the Iranian government managed to stop the kidney trade. To include all the literature after the change of Iranian laws, I will explore how this model is built up, how it affected people who are willing to sell a kidney and if the transplantation policy has managed to prevent kidney trade. One inclusion element here is to look at their health policy because this also contains many religious and ethical aspects. When it comes to the ethical consideration, several articles from different parts of the world that have studied kidney trade and expressed their feelings about this have been used. Therefore, the different views on how the ethical and religious issues are connected to kidney trade have been included. To get an understanding of this trade, I had to look at many different articles that had used the most similar methods from both India and Iran, such as interviews about people‘s feelings after surgery. This would enable a better means of comparison. The sampling plan was to include studies and articles that were created by authors from universities, hospitals or health departments in both countries or from organizations like WHO and UN. 20
The chosen literature in transplantation of kidney includes only kidney selling and not donation, as elaborated in Chapter 2. Social categories as gender, age and social class to which kidney sellers belong are taken into consideration and included in the study. Kidney buyers from Iran have to some extent been included in this study, but this is only to see the whole connection in the transplantation model. These buyers are a part of this system and have to be mentioned when describing and understanding this model. Exclusion criteria are the samples of literature that are not taken into consideration in this study. One main part in this thesis is to exclude buyers in the kidney trade from India to limit and narrow down this research. Buyers in India are hard to find because they often leave shortly after surgery and as there is no register of these patients they are hard to find. However, I have explained buyers as actors in this trade because they have an important role in this business, but I have not found studies about where they come from or in what social context they belong. The buyer is just used to illustrate the whole picture of the risky organ trade. Studies and articles that were made before 1988 in Iran and 1994 in India have been excluded from this study, but some historical perspective has been used to see the development before and after Iran and India changed their transplantation system. I have excluded studies from other countries because they have just investigated the buyers from their own countries and their health conditions after transplantation. Many articles and studies were not taken into the study after closer scrutiny because they did not contain what I really wanted to explore. One example is the difference between related and unrelated kidney donation.1 Articles contain these words and it depended on how these words were defined in the studies and articles before the meaning of it made sense in relation to my theme. There were more studies from India describing kidney surgery from the legal transplantation system. 1 Unrelated kidney donation is described in the literature as the people who sell one kidney to another person for money. By ―unrelated‖ it means that people are not in relationship with each other and they only sell or buy an organ. It is possible that people know each other, but they are not connected in blood or giving away a kidney for an altruistic reason. Related is the opposite; when people are family members or close friends, for instance, spouses who donate a kidney for love, or because it is a good thing to do. Related donors do not expect a gift or money in return. 21
3.5 Literature Collection In the search for literature I have collected second-hand data from data bases and have used most studies and medical articles from Medline/Pubmed and through Helsebiblioteket, to be sure that these data are reliable and valid. I have not found studies that have compared India and Iran in organ trade before and that is why I have tried to find studies that have the most similar topics as possible. There are a large number of articles on the Internet that can refer to the trade of human kidneys and how many people have been humiliated. To collect reliable information about the kidney trade I started to search the Internet and newspapers from both western and developing countries to see how wide this topic is and how many people this involves. These articles were only used as a background and a start on the literature proposal of this thesis. Therefore, when I carried out the search in Medline/Pubmed I found studies and articles with related and linked literature to the one I found first and this gave more relevant data and widened the search. Although at the start of my search there were not many articles that fitted into this research, by reading the references used by the various authors, I obtained access to new data. To find topics about religion and ethics I have used data bases in Bibsys and Google Scholar. To be sure that I have used all the available data resources that were available I have received assistance from the librarian at the hospital in Buskerud, Vestre Viken. Keywords in my search have been: ―Foreign or unrelated kidney transplantation or donation or selling‖, ―trade or trafficking of human organs‖, ―India and Iran health systems‖, ―ethics‖, ―religion and donation‖, ―risk‖, ―trust‖ and ―poverty‖. Just searching for ethics or religion resulted in many hits, e.g. 312 000, but when I put ―ethics kidney selling India‖ the hits were reduced to 151 000. Still, this is a large number, but also very fascinating in the start of the study because I did not realize how huge this was. To narrow this down even more, I did the same search in Pubmed and it came up with very few articles and studies, for example only 3 hits when I used ―ethics in kidney vending‖ or 18 hits when I switched ―vending‖ with ―selling‖. However, on searching for ―unrelated kidney donation‖ or ―foreign kidney donation‖ in Pubmed, the results were 138 and 53 hits, and when I added ―India‖ and ―Iran‖ in this search, it resulted in 7 and 0 hits. I had to be creative in getting information and spent many hours just finding out what words gave the best result. I 22
think the articles and studies found could be representative for this study, but of course, the lack of time did limit it and at some point the selected literature had to be looked through and be evaluated. After some evaluation, some of collected data were considered as relevant and others not. Those who were not evaluated as relevant did not contain unrelated or foreign donation/selling of organs. Many articles were related to altruistic donation of kidneys to family members or close friends. Because there are no books to be found related to issues in organ trade, I have to trust what I have found on the Internet. Iran has a legal program/model with unrelated kidney donation and that is why I have managed to find so many studies and articles from this country. The Indian transplantation system just has data from related and cadaveric kidney transplantation and does not allow purchase with kidneys. Due to this, I have used some articles that are more related and concerned with the buyers coming from abroad to by a kidney and these articles are written by doctors or departments in other countries that have been in contact with the recipient after surgery. These articles describe the risk these patients take and what kind of health care they receive and I only use this literature to confirm that India still has an illegal kidney trade. Another search for data on transplantation policy in India and Iran was to search directly in their health department programs, but this search was very difficult and I really did not find what I was looking for. The websites in these countries did not show the result I wanted and they were also in their native language. Therefore, I had to trust the literature that was found in Pubmed and related articles. The literature which is gathered on the theoretical concepts is from social scientists to see how my findings can be connected to the social theory of poverty, health and social risk. Many studies and articles from Iran are by authors from different hospitals or universities and they are published in journals with relation to nephrology or kidney transplantation. Some of these articles are also published in American journals. In this thesis I have also used articles and literature from different international organizations like WHO (World Health organization), The World Bank and UN (United Nation) to see their definition on some concepts and how they are involved in matters like organ trade and what pressure they assert to prevent exploitation of poor people in the third world. How dealers and buyers operate on the black market in India was just searched in Google on the Internet and resulted in 228 000 hits by using the search words ―How to buy a kidney in India‖. Another search on ―Kidney hospital 23
India‖ gave 133 399 hits. Several of these website offer kidney transplantation and the financial cost of surgery. To compare India and Iran in this thesis, I have chosen one study from each country to look for differences and similarities. In both these studies, interviews with sellers that have already gone through a transplantation surgery have been used. Both studies have used pilot studies before going out in the field and completing the interviews. In my opinion these studies have used a quantitative method, because of the use of statistical analysis of the answers. In this study, which is a qualitative study, I will use the data from these two quantitative researches to see who the sellers are, what age they are, whether there is gender disparity and what social class they come from. These quantitative data can be related and discussed into a qualitative analysis, because the background of these people can be better understood in relation to their social context. To use this comparative approach will be as Helman (2007: 17) defines it: ―to distil key features of each society and culture and compare these with other societies and cultures in order to draw conclusions about the universal nature of human beings and their social groupings‖. 3.6 Limitations The qualitative method involves several ethical issues in social and nursing science. Objectivity in observation and through interviews are important parts of this method and something the researcher has to be aware of when he or she tries to understand the meaning of people‘s behavior and actions. The balance between the researcher‘s own opinion and participant‘s meaning concerns how well the researcher manages to interpret the meanings of others. In Gadamer‘s hermeneutic understanding of meaning, it concerns: ―the relationship between an act and those trying to understand it‖ (Fay, 2007: 142). Several articles I have used in this thesis concern interviews performed with sellers in India and Iran. The objectivity in these studies has to be considered and seen in relation to the circumstances under which these interviews have carried out, are the questions easy to answer, does the seller understand it, is there other elements that disturbed the participation of the interview. Shortage of time with this thesis does limit my methods and design because there has not been enough time to collect data through interviews with people, or to collect quantitative data by myself. Because of this, I have just used and described the data that I have found and 24
compared them with each other to understand and explore these two government policies and how individual experience of selling a kidney is expressed through the collected literature. However, it can be very difficult to evaluate this as real or false when some articles are from newspapers or other media which do not have strict control of the truth. In the case of India, many stories about kidney trading are taken from the Internet and mass media because there is no other place to find literature. This limits my thesis because I cannot do my own field research on this topic and have to use some unreliable sources when it comes to the black market in kidney selling. The reason for social risk in a society can be complicated and difficult to explain because this is just a literature study and poor sellers have not been interviewed by me personally. In addition, many studies from Iran and India describe that there is a lack of data according to long term risk related to sellers and this therefore becomes even more difficult to define in this thesis. There are also dilemmas related to my personal realities as a nurse. That is though I tried to collect the data and do the analysis without any personal influences. The weakness in this literature review is if the collected literature is influenced by my personal understanding of organ vending. However, I must be aware of this and see if I have made it wide and objective enough to give a broad picture of organ trade in India and Iran. A difficult part in a literature review is to be critical and not prejudice several actors in the study. This can arise especially in this thesis when poor people are exploited by dealers in the kidney trade. With a western view of how a kidney transplantation program has to be fulfilled and my background as a nurse in a dialysis unit, my objective insight to this problem must be kept if the research shall be trustworthy. 3.7 Summary In this chapter is has been elaborated, explained and discussed the use of qualitative method with a literature review as a method. Inclusion and exclusion criteria have been described in relation to kidney vending in India and Iran. How the literature has been collected is explain and the key words used are described. Reliability and validity consideration have been discussed in selecting the literature. Different aspect of limitations in a literature has been elaborated and related to this thesis. 25
Chapter 4 Iranian and Indian transplantation model 4.1 Introduction In this chapter I will present my findings on the legal Iranian transplantation model and the illegal kidney trade in India. These models will be described and analyzed on how they have developed as a background in relation to my discussion in chapter five. 4.2 Iranian Model Initially in this section I will present the background of the unrelated kidney transplantation model in Iran. In my point of view, it is important to explore the historical reason and why the government of Iran developed this model. As already mentioned, the background of the Iranian transplantation model started before 1988, when Iran had a history with many patients coming from Arabic countries to buy kidneys and transplantation surgery. The trade of human organs became commercial and the government wanted to stop and regulate this business, and created a new transplantation program (Griffin, 2007). Another explanation is due to the Iran-Iraq war which limited the financial and technical use of dialysis with many patients requiring renal replacement therapy. Many patients died before receiving therapy and the government had to do something to give these people an opportunity to live longer (Einollahi, 2004: 422). Bagheri expresses that the fear of trade with the commercialism in the black market, at the same time as many patients died while waiting for new kidneys, was the main reason for developing such a program. He also stated one religious reason in relation to the society of Islam: ―significant value of saving life‖ (2006; 270). However, this must only be to save the patient with ESRD‘s life and does not take into account the risk to which a healthy young person is exposed. The gap between organ supply and increased number of patients on the waiting list, is elaborated as a reason from several authors, Rouchi (2009), Einollahi (2007) and Nejatisafa (2008), Zargooshi (2001: 387) refers to the rejection of the cadaveric donor transplantation program and the easily available live donor with many poor desperate people, as an excuse to continue with the vending of kidneys. He is the only author who sees the sale of kidneys to the government as vending and points this out, but in his article he has determined to refer to the seller of a kidney as a donor (2001: 386). Hasan is a researcher from Pakistan who compared the Iranian model and the kidney trade in Pakistan. He also blamed the war with Iraq as a consequence which isolated Iran from the rest of the world, putting pressure on its 26
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