Trafficking In Human Organs Research Articles

Prevention of Trafficking in Organs, Tissues, and Cells.

Trafficking in human organs, cells, and tissues has long been a source of concern for health authorities and professionals, and several international ethical guidance documents and national laws have affirmed the prohibition of trade in these substances of human origin (SoHOs). However, despite considerable attention to the issue of organ trafficking, this remains a substantial and widespread problem internationally. In contrast, trafficking in cells, tissues, and medical products derived from SoHOs has received comparatively little attention, and the extent and nature of such trafficking remain largely unknown. Consequently, as part of the 2023 Global Summit on Convergence in Transplantation held in Santander, Spain, an ethics working group was assigned the task of formulating actionable recommendations to support the prevention of trafficking in all SoHOs. In reporting on this work, we review factors that may influence the persistent trafficking of SoHOs, explore the potential difficulties associated with the collection and reporting of data about suspected trafficking activities, and argue that more practical and consistent guidance, training, and regulatory frameworks are needed internationally to support effective reporting, sharing of data, and collaborative responses to suspected trafficking cases. We also discuss the importance of psychosocial evaluation of living donors as a strategy to detect and prevent organ trafficking and strive to advance the implementation of this well-established recommendation by outlining minimum standards for psychosocial evaluation of living donors.

Criminal Legal Regulation of Trafficking in Human Bodies: Spanish and Brazilian Experience

Organ trafficking, a very profitable worldwide illegal activity today, is frequently overlooked by those involved in combating human trafficking due to its complex and covert nature. Numerous international documents underscore the importance of countering trafficking in human organs and transplant tourism. This article analyzes the legal frameworks of Spain and Brazil, with a particular focus on their compliance with international and supranational standards aimed at combating, inter alia, the illegal circulation of organs and other phenomena associated with it. Firstly, the article distinguishes such phenomena as transplant commercialism, transplant tourism and illegal trafficking in organs and draws attention to the fact that currently there is no uniform understanding of the clear boundaries of the concept of illegal trafficking in organs. Elaborating on the various aspects of the above-mentioned types of criminal activity may allow one to properly determine the legal interests and rights protected by criminal law and the types of behavior subject to imputation in an exhaustive way. Secondly, the authors outline a number of controversial issues that arise due to the complex nature of organ trafficking and suggest several ways to meet these challenges.

The Crime of Trafficking in Human Organs through the Information System: Comparative study

Crimes no longer occur in their simple traditional form, as the development of human societies contributed to the development of crime and the creation of crimes that were not known before, and among these crimes is the crime of trafficking in human organs through the information system, which is one of the crimes that aided technical progress in the field of communications, information technology and the field of modern medicine to spread it; Organized criminal gangs took advantage of the facilities resulting from the development of information and communication technology to trade in human organs, which contributed to the creation of an electronic black market for human organs mafia gangs. The importance of this study stems from the fact that it is different from traditional crimes and is one of the issues emanating from technological progress and the development of organized crime. The study aims to clarify the provisions of the crime of trafficking in human organs through the information system, according to the comparative approach between the Saudi system and the UAE law. The results of the study showed that the Saudi regulator did not explicitly stipulate human organ trafficking in the cybercrime system, but was implicitly included as a form of criminal behavior for the crime of human trafficking in the Saudi human trafficking crime system, unlike the UAE law, which stipulates organ trafficking alongside human trafficking. According to the Saudi system, this crime is considered electronic if it occurs through the information network or a computer. In light of its results, the study concluded the following recommendations: 1. The Saudi cybercrime system explicitly provides for the criminalization of electronic trafficking in human organs as one of the forms of cybercrime, similar to its counterpart in UAE law. 2. Community awareness of the seriousness of this crime, the speed with which it is being investigated via the Internet, the ease with which offenders attract individuals, and financial reward for those who report or contribute to the commission of this crime.

International standards and domestic legislation on human organ donation and transplantation

The article analyzes international standards for the quality and safety of organs for transplantation. Azerbaijan, like other countries, strictly prohibits organ trade. It criminalized the forcible removal of organs, fraud or coercion, and the buying or selling of organs. The objective of the work is to analyze the Oviedo Convention and the Council of Europe Convention on Combating Trafficking in Human Organs, as well as other legal acts, in comparison with the criminal and administrative laws of Azerbaijan. To achieve the objectives of the research, the author of the article used such methods as analysis and synthesis, the formal-legal method and the comparative-legal method. As a result of the research carried out, it was concluded that Azerbaijan should improve its relevant legislation taking into account the norms of these conventions. In particular, the State's priority should be to emphasize the donation of artificial organs and tissues instead of human donation.

The Law On Human Trafficking For The Purpose Of Illegal Organ Trade

The merits and drawbacks of organ sales are vigorously debated in Indonesia. Nevertheless, some argue that the trade in human organs should be prohibited, a stance supported by Indonesian law. Both organ recipients and donors bear significant responsibility in organ trade, as financial gain serves as the primary motive for organ brokers and medical professionals alike. This research aims to conduct a Legal Analysis of Human Trafficking for the Purpose of Organ Illegal Trade. The methodology employed is a literature review through online searches on various journal platforms such as Google Scholar, Science Direct, and the Garuda Portal, focusing on national and international scientific journal articles. The search, limited to the last four years (2019-2023), employed subject-specific terms like "human organ trafficking," "person trafficking," or "positive law." The search excluded articles containing only conceptual discussions. The findings reveal that the buying and selling of organs are ethically reprehensible and illegal in the healthcare industry, as outlined in Health Law Number 36 of 2009. Although ethical kidney transplants using organs obtained through sales are impossible, specific considerations should be noted. The purchase and sale of human organs and/or biological tissue constitute a specialized crime, with Article 192 of Law Number 36 of 2009 specifying criminal punishments. Those found deliberately engaging in organ or body tissue trade, as defined in Article 64 paragraph (3), may face a maximum sentence of 10 years in prison and a fine of IDR 1,000,000,000 (one billion rupiah).

Perdagangan Organ Tubuh Manusia Sebagai Kejahatan Lintas Negara

Introduction: Transplantation is intended to replace a damaged or functioning organ in the recipient with another organ that is still functioning from the donor. Technological developments in the world of health not only have a positive impact on the world of medicine but also open up opportunities for illegal human organ trading syndicates. Human organ trafficking is a type of transnational crime that has occurred frequently in recent decades.Purposes of the Research: Aims to analyze human organ trafficking as a transnational crime.Methods of the Research: The research method used is normative juridical.Results of the Research: Illegal trade in human organs involving cross-border syndicates is a transnational crime. Cross-border crime is a threat that is taken seriously by each country because it threatens the security and stability of the country. To prevent this, countries can work together with each other. with each other through bilateral agreements, one of which is the extradition agreement, to stop the practice of selling and buying human organs. It is hoped that the implementation of laws and regulations related to human organ crimes will run smoothly so that the perpetrators can be charged using existing regulations. So transplants can only be carried out for humanitarian purposes and can only be carried out in certain health facilities by health workers who have the expertise and authority to do so.

Human Organs Trafficking: Perspective from Criminal Matters, Business and Human Rights

Background: The trafficking of human organs has evolved over the years. At first it appeared across isolated cases, but over time it has increased the curiosity of organised crime due to the high benefits and the small possibility of the perpetrators being pursued with an international character. The perpetrators of this criminal act start this criminal activity with the trafficking of sperm, but they can also continue with the tissues and organs from corpses. Also, human rights have evolved in recent decades. Today, human rights are at the epicentre of global poli- tics. In addition, security issues, poverty, social inequality, non-respect of human rights, lack of adequate laws, and lack of law enforcement are prerequisites for a particular impact on the trafficking of human organs. Methods: This paper provides a comparative look at the topic with a special emphasis on hu- man organ trafficking by analysing in different and interrelated perspectives, including the social aspect, criminal aspect, the benefits of criminal groups, and the violation of basic human rights. Results and Conclusions: As part of the concluding remarks, suggestions for future actions by law enforcement institutions in terms of anti-trafficking policies and practices.

From Organ Trafficking to the Kosovo Specialist Chambers

Abstract The paper discusses how strategic narratives determine our understanding of politics and justice, and how such narratives can be deliberately constructed to achieve political ends through judicial means and by instrumentalizing international criminal law and courts. The article discusses the concept of strategic narratives from an inter-disciplinary perspective and explores the impact of strategic narratives on international criminal justice. For this purpose, it analyzes as a case study the Council of Europe Parliamentary Assembly Report on “Inhuman treatment of people and illicit trafficking in human organs in Kosovo” of 2011, which led to the establishment of the Kosovo Specialist Chambers and the Kosovo Specialist Prosecutor’s Office.

HUMAN ORGAN TRAFFICKING AND TRANSPLANTATION: A LEGAL ANALYSIS OF CAUSES, CHALLENGES AND IMPLEMENTATION OF EXISTING LAWS IN PAKISTAN

Organ transplant save many lives every year throughout the world. But at the same time lives of donors are in danger because of illegal organ trade which is common in third world countries. People from all over the world especially from developed countries including Europe, Australia, and United States come to developing countries including Pakistan, India, and other developing countries every year. They used to hunt poor donors who are all set to sell off their healthy organs in return of money. Recent repot of World Health Organization (WHO) says that annually almost ten percent kidney transplants of the overall kidney transplants that happen in the world involve donors from the above mentioned developing countries. Current research is based on laws which can overcome this alarming situation and also highlights the issues regarding implementation of existing laws and policies. Transplant of Human Organ and Tissue Act 2010 is a relevant law which provides removal, storage and transplantation for therapeutic purposes. This research is of qualitative and exploratory nature. It is such as to find out the most relevant information for the topic and made evaluation using tools to take out research through articles, books, case studies and online materials. This research critically evaluates the laws which are related to organ trade in Pakistan. Primary source of research is relevant laws and their critical evaluation and secondary source of this research is journals and articles of relevant topic. This research concludes that Organ trafficking is one of the most common illegal activities in the world and particularly in Pakistan. In the last few decades, there have been a number of transnational issues. The most highlighted causes are poverty, exploitation of minors, and lack of viable organs. However, the root cause for the current scenario is the lack of proper legislation regarding illegal organ trade and the implementation of existing laws. The government and other public/private organizations shall observe the relationship between donors, donor health and organ trafficking in order to develop efficient policies against organ trafficking and transplantation tourism (Naziha Syed Ali, 2017). Keywords: Human Organ Trafficking; Legal Challenges; Transplant Tourism; THOTA Act

HUMAN ORGAN TRAFFICKING AND TRANSPLANTATION: A LEGAL ANALYSIS OF CAUSES, CHALLENGES AND IMPLEMENTATION OF EXISTING LAWS IN PAKISTAN

Organ transplant save many lives every year throughout the world. But at the same time lives of donors are in danger because of illegal organ trade which is common in third world countries. People from all over the world especially from developed countries including Europe, Australia, and United States come to developing countries including Pakistan, India, and other developing countries every year. They used to hunt poor donors who are all set to sell off their healthy organs in return of money. Recent repot of World Health Organization (WHO) says that annually almost ten percent kidney transplants of the overall kidney transplants that happen in the world involve donors from the above mentioned developing countries. Current research is based on laws which can overcome this alarming situation and also highlights the issues regarding implementation of existing laws and policies. Transplant of Human Organ and Tissue Act 2010 is a relevant law which provides removal, storage and transplantation for therapeutic purposes. This research is of qualitative and exploratory nature. It is such as to find out the most relevant information for the topic and made evaluation using tools to take out research through articles, books, case studies and online materials. This research critically evaluates the laws which are related to organ trade in Pakistan. Primary source of research is relevant laws and their critical evaluation and secondary source of this research is journals and articles of relevant topic. This research concludes that Organ trafficking is one of the most common illegal activities in the world and particularly in Pakistan. In the last few decades, there have been a number of transnational issues. The most highlighted causes are poverty, exploitation of minors, and lack of viable organs. However, the root cause for the current scenario is the lack of proper legislation regarding illegal organ trade and the implementation of existing laws. The government and other public/private organizations shall observe the relationship between donors, donor health and organ trafficking in order to develop efficient policies against organ trafficking and transplantation tourism (Naziha Syed Ali, 2017). Keywords: Human Organ Trafficking; Legal Challenges; Transplant Tourism; THOTA Act

Selling, Buying and Trafficking of Human Organs in Third-World Countries: Ethico-Religious Appraisal

This paper aims to appraise the implications of human organ commercialization and trafficking for third-world countries with special reference to Nigeria from the ethical and religious perspectives of utilitarianism, Kantianism, virtue ethics, moral necessity, imago dei (image of God), Karuna (self-compassion), Dharma (moral and religious obligations), sadaqatul jariyah (continuous charity), and eethaar (giving preference to others). The research utilizes both primary and secondary sources to derive its data. The findings show that selling, buying, and trafficking human organs invariably leads to unethical behaviour and has serious negative health, ethical, and religious implications for human society in general and Nigerian society in particular. It posits that underdeveloped nations should intensify efforts on educational campaigns to raise awareness of the medical, ethical, and religious implications of human organ commercialization and trafficking.

Legislative “ground” for transplant tourism in Russia

This article examines the current state of domestic legislation regarding me- dical tourism regulation. Gaps in criminal law and the absence of federal regulation for public relations in the transplantation field, delays in enacting necessary laws on organ and tissue donation contribute to a lack of trust in medical staff and the overall functioning of Russia’s healthcare system. The actual implementation of international obligations at the domestic level in this area has not yet occurred. The transformation of international legal norms into national laws and regulations has been partially implemented. Conclusions drawn from the opinions of a respected scientist-practitioner in Russian transplantology, a description of the underground reality of Moscow clinics by a “regular” therapist, and an analysis of current departmental legislation provide evidence for the existence of transplant tourism in Russia. The protection of the constitutional right to health for Russian patients should not be merely declarative. The realization of the human right to quality medical care should not infringe upon the rights and freedoms of others in the provision of medical services. The entire system of medical law should be promptly organized to prevent arbitrariness, immorality, and violations of the professional ethics of medical workers. Additionally, the author proposes a model of a criminal law norm on trafficking in human organs and tissues.

Reforming Criminal Responsibility for Illegal Trafficking in Human Anatomical Materials in the Context of the European Integration of Ukraine

Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.

"Creating Blue Skies Overhead for All" Introduction of the 2022 Recipient of the Medawar Prize of the Transplantation Society: Professor Jeremy Chapman.

"Creating Blue Skies Overhead for All" Introduction of the 2022 Recipient of the Medawar Prize of the Transplantation Society: Professor Jeremy Chapman.

Fenomena Kejahatan Perdagangan Manusia

The crime of trafficking in persons is a very serious global issue, because many actors are interrelated, both as countries of origin, as well as countries of destination as well as transit countries. Therefore, various efforts must be made in combating this crime of human trafficking and must also involve many parties including the government, law enforcement, civil society, media, migrant workers, as well as transit and destination countries. The obstacle faced by Indonesian law enforcement is due to the lack of reports from victims of this human trafficking crime because they are already in other countries. The purpose of this article is to analyze and describe the effectiveness of Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons and the Effectiveness of Law Number 36 of 2009 concerning Health Regulating the Prohibition of Trafficking in Human Organs. The method used is descriptive qualitative. The results of this study (1) Implementation of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons is deemed ineffective if it does not involve many countries, because there is still a lot of human trafficking, especially women and children for the purpose of sexual exploitation as commercial sex workers and exploitation of pornography (2) Law Number 36 Year 2009 concerning Health, especially in Article 92 which mentions the Functionalization of Criminal Law Against Acts, namely "Everyone who deliberately trades organs or body tissues under any pretext as referred to in Article 64 paragraph (3) shall be punished with imprisonment for a maximum of 10 (ten) years. and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)''.

Harvesting vulnerability: The challenges of organ trafficking in armed conflict

AbstractArmed conflicts leave populations vulnerable to organ trafficking, a criminal enterprise with little international regulation when viewed separately from human trafficking. The Council of Europe's Convention against Trafficking in Human Organs is the only instrument to contemplate the responsibility of actors involved in organ trafficking, but traffickers may go unpunished due to its limited scope. Yet in armed conflict, international humanitarian law offers additional protection. The rules protecting the living and the dead against ill-treatment provide the basic level of protection necessary to consider the international responsibility of organ trafficking networks and the individual criminal responsibility of their members.

233.3: Organ Trafficking: The Portuguese Experience in Developing A Legal Framework and a Protocol of Conduct for Health Professionals for the Management of Patients Who Receive an Organ Transplant Abroad and Return Home for Follow-up Care and for Reporting Suspected Cases to Law Enforcement Authorities for Criminal Investigation

The existence of a world-wide illicit trade in human organs for the purposes of transplantation is a well-established fact, and various means have been adopted to combat this criminal activity, in particular the Council of Europe Convention against Trafficking in Human Organs. This Convention is the first international legal instrument that criminalizes all illicit transplant practices. Healthcare professionals who treat patients in pre transplant and post-transplant play a crucial role in prevention, detection and reporting organ trafficking. However, healthcare professionals face with medical, legal, and ethical challenges when confronted with suspected or confirmed cases of organ trafficking due to their duty to preserve medical confidentiality. We present the recently developed Portuguese Model for the implementation of the Convention against Trafficking in Human Organs. Firstly, we present the changes introduced in Portuguese criminal law for the criminalisation of organ trafficking, including the options made with respect to donors and recipients regarding their criminalisation or not, and the solutions adopted to ensure that acts committed outside the country by nationals or residents can also be punished. Secondly, we present a protocol/code of conduct to provide an appropriate framework to prevent and address transplant-related crimes for healthcare professionals. Such protocol provide guidelines for the management of patients, including on how to ensure traceability and biovigilance for patients who travel for transplantation, and indicators for the identification of signs of organ trafficking and/or human trafficking for the purpose of organ removal. Third, we introduce the Portuguese reporting mechanism for the communication of information about such cases to law enforcement authorities for the purposes of criminal investigation. Finally, we present the amendments made to the Medical Code of Ethics to address doctors’ concerns regarding medical confidentiality. The new regulation provide an exception to the duty of medical secrecy in relation organ trafficking and human trafficking for the purpose of organ removal.

Reappraising Effective Regulation in Preventing Human Organs Trafficking in Africa: Kenya and Nigeria in Perspective

Over the years, the issue of illegal human organ harvesting and trafficking has been an international concern. There have been so many stories of victims being promised better opportunies overseas but ended up being untraceable all over the world. The news that most of these people seeking greener pastures abroad must have fallen victim to the illegal international human harvesting and trafficking syndicates is quite alarming. The government of the countries, their citizens to be wary of the "too sweet to be true" job opportunities abroad and a better life abroad. United Nations' concern on this issue brought about the resolution adopted by the General Assembly at its 73rd session held on 17 December2018 on strengthening and promoting effective measures and international cooperation on organ donation and transplantation to prevent and combat trafficking in person persons for organ removal and trafficking in human organs. This article examines the law relating to organ harvesting and trafficking in Nigeria and Kenya putting into consideration the United Nations resolution. The article observes that Nigeria with its Trafficking in Person (Prohibition) Law Enforcement and Administration Act 2015 and Kenya with the Counter-Trafficking In Persons Act No. 8 of 2010 are yet to adopt the United Nations General Assembly resolution on strengthening and promoting effective measures and international cooperation on organ donation and transplanation to prevent and combat trafficking in persons for organ removal and trafficking in human organs. The article recommends total conformity with theUN resolution.

CORRELATION OF TRAFFICKING IN HUMAN ORGANS WITH HUMAN TRAFFICKING: CHALLENGES OF INTERNATIONAL LAW AND ORDER AT THE CROSSROADS OF CRIME AND HUMANISM / ՄԱՐԴՈՒ ՕՐԳԱՆՆԵՐԻ ԱՆՕՐԻՆԱԿԱՆ ՇՐՋԱՆԱՌՈՒԹՅԱՆ ՀԱՐԱԲԵՐԱԿՑՈՒԹՅՈՒՆԸ ՄԱՐԴԿԱՆՑ ԱՌԵՎՏՐԻ ՀԵՏ. ՄԻՋԱԶԳԱՅԻՆ ԻՐԱՎԱԿԱՐԳԻ ԱՇԽԱՐՀԱՔԱՂԱՔԱԿԱՆ ՄԱՐՏԱՀՐԱՎԵՐՆԵՐԸ ՀԱՆՑԱՎՈՐՈՒԹՅԱՆ ԵՎ ՄԱՐԴԱՍԻՐՈՒԹՅԱՆ ԽԱՉՄԵՐՈՒԿՈՒՄ

The Article is dedicated to the study of research problem regarding human organs. Taking organs from human is of particular importance as a form of “using human beings”. However, it is a fundamental component of such a complex and serious crime as the illegal circulation of those organs (human organ, body part, tissues and cells); which is being characterized not only by a higher degree of public danger, but also is more hidden crime (latent) in terms of disclosure. In this context, the author believes that in the conditions of rapid growth of information infrastructures and biomedicine, as well as active improvement of modern technologies, there is a need to create a doctrine of international law in the framework of the relationship between humanitarianism and crime, which is related to considering the taking of human organs for transplantation as a component of humanitarianism, and trafficking in human organs as an object of transplant commercialism.

Security component of states’ stability on a national and international level

The paper analyses the issue of political stability in the context of changes in the positions of major political actors. The altered role of the nation-state in the conditions of globalisation inevitably reflects on the understanding of the security phenomenon. On the other hand, the number and characteristics of security challenges and threats have increased significantly. In addition to the previously present problems, there has been an increase in drug trafficking, illegal migration, human organ trafficking, an escalation of piracy, and the criminalisation of various spheres of life. In the last two years, the world has also faced a new global security problem, this time in the field of health - the COVID-19 pandemic. Practice has shown that (in most cases) the nation-state has become weaker and less independent, and its corresponding state-centric security system is inefficient, costly, cumbersome, and inadequate to many new threats. The strength of this conclusion stems from the analysis of the functioning of the national security system in the case of terrorist attacks, but also from the study of the mechanisms used for overthrowing sovereign states under the decisive influence of external factors.