Right now, I have to tell you that personally, I have not considered a legal challenge, particularly since the Court Challenges Program has been abolished. No longer can we opt for this legal course of action. What we can do, however, is fight to have this decision changed.
On the one hand, we have the law, and on the other hand, we have common sense. I think that common sense dictates that the danger here lies in people's behaviour. The risk is associated with the behaviour. If we want to prevent infection, we must focus on behaviours.That seems quite clear to me. We must focus on behaviours and ensure that overall policies are consistent.
I think everyone, including myself, agrees that regulations are needed for safety reasons. While recipients must not be exposed to risk, they must not be left to die either. Right now, many people are dying because they did not receive an organ. People don't seem to think this is important enough. Personally, I have a great deal of empathy for people in this situation. People are dying because organs are in short supply and all the while, there are people out there who want to be donor, but are excluded. Common sense must prevail. A person on death's door might be willing to take the chance, if the odds of his being infected are one in a thousand.