The issue of trafficking in persons for the removal of organs 2013, para. 63
Paragraph- Paragraph text
- A survey of the legal and policy environment surrounding trafficking in persons for the removal of organs confirms that a lack of clarity around some key questions is hampering progress in efforts to combat this particularly egregious human rights violation. Most significantly, the Special Rapporteur has concluded that the distinction between trafficking in persons for removal of organs and trafficking in organs is generally unhelpful. Certainly, there is an urgent need to ensure that laws on trafficking in persons for the removal of organs are supplemented by the effective criminalization of all related offences that may be implicated in such cases but that may not readily or easily fall within the three-element umbrella definition of trafficking in persons. To that extent, the draft Council of Europe convention against trafficking in human organs represents a potentially important contribution to fleshing out the legal framework around trafficking in persons for the removal of organs and ensuring that all persons complicit in such offences do not escape liability. Case-based experience confirms, however, that the trade in organs is inextricably linked to actions against individuals aimed at their exploitation. There lies great danger in removing the individual victim from this picture by separating out the concept of trafficking in organs from the concept of trafficking in persons for the removal of organs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 63
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