Introducing "opt out" organ donation in Switzerland: Lessons from the UK experience

Following the 2022 referendum, Switzerland is due to introduce an “opt out” system for organ donation in the coming years. The proposal put to the vote was in response to a 2019 popular initiative that sought to have “opt out” written into the federal constitution. The referendum’s counterproposal made changes such as including a consultative role for the donor’s family. Despite the Referendum Committee recommending “No”, voters aligned with the Federal Council and Parliament in endorsing the change. Whilst finer details of the new system are not yet set in stone, development efforts are underway after the 60.2% vote in favour.

Over the coming years, as the new system is designed and implemented in Switzerland, it will be important to draw on the experiences of other jurisdictions. A particularly useful example to look to is the UK, for two reasons. First, it provides a recent example. Second, with the four UK nations having different (albeit very similar) systems, it provides a means of considering a mixture of approaches within a (largely) single culture.

In this Viewpoint, I explore some key elements of the UK “opt out” systems, highlighting those of relevance for consideration as Switzerland moves in this policy direction.