Commodification of Body Parts and its Apologetics: What is the Position of Human Rights?

Abstract

The movement for decriminalization of the sale or commodification of human body parts or organs is said to be rooted in utilitarianism. Aside from claiming that extant system is not working as the poor and vulnerable, whose protection grounds current prohibitory regime, are still being exploited, commodification apologetics contend that the inevitable consequence of commodification would be a surge in the number of available organs and body parts, thereby saving more lives. However, this position, superficial at best, does not tell the whole story. Even if, arguendo, the latter point is conceded, problems still persist, one of which centers on the human rights implications of legalized market for the vulnerable and marginalized population. Simply put, the question is, would commodification violate the human rights of the vulnerable? Would it worsen their situation or otherwise? Responding to these concerns is the task of this article.