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Trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal of organs

Document number
2397
Date
2009
Title
Trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal of organs
Author/publisher
United Nations, Council of Europe
Availability
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Document type(s)
Research/Study/Analysis,
Keywords
Definition of (trafficking),
Summary
The present Joint Study noted, first of all, that trafficking in human beings for the purpose of organ removal was a small part of the bigger problem of trafficking in OTC. Secondly, the Joint Study pointed out the existence of widespread confusion in the legal and scientific community between "trafficking in OTC" and "trafficking inhuman beings for the purpose of the removal of organs". Thirdly, the Joint Study underlined that the solutions for preventing the two types of trafficking had to be different because the "trafficked objects" are different: in one case the "organs, tissues and cells" and in the other case the "person him/ herself" who is trafficked for the specific purpose of removing his/her organs. One of the major aims of this Joint Study is therefore to distinguish between trafficking in OTC and trafficking in human beings for the purpose of organ removal. This Joint Study only covers trafficking in OTC for the purpose of transplantation. Other purposes of trafficking in OTC are outside the scope of the Joint Study. The starting point of the Joint Study is the prohibition of making financial gains with the human body or its parts. This principle was established for the first time in a legally binding instrument in Article 21 of the 1997 Council of Europe Convention on Human Rights and Biomedicine [CETS No. 164]: "The human body and its parts shall not, as such, give rise to financial gain". The principle was then reaffirmed in the 2002 Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin [CETS No. 186]. Article 22 of the Protocol states: "Organ and tissue trafficking shall be prohibited". The principle of the prohibition of making financial gains with the human body is also very important in order not to jeopardise the donation system based on altruism, both from living and from deceased donors, which must be the basis of the organ transplantation system. Given that trafficking in organs mainly exists because of the lack of available organs, it is also essential to take the organisational measures needed to increase the availability of organs for transplantation.
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