The issue of trafficking in persons for the removal of organs 2013, para. 60
Paragraph- Paragraph text
- The question of demand in the context of trafficking in persons is a vexed one (see A/HRC/23/48). The issue raises particular complexities in the case of trafficking in persons for the removal of organs. As noted above, demand for organs has grown through a confluence of factors and will probably never be met through a system of altruistic donations from deceased and live donors. It is therefore dangerous to develop policy responses on the basis that the only long-term solution to trafficking in persons for the removal of organs lies in an expansion of supply to meet demand. Human-rights-based examination of this debate, including calls for a regulated market in organs, is well overdue. While that issue is beyond the scope of the present report, some preliminary conclusions can be drawn. First and most importantly, it can be safely asserted that the focus of such an analysis would be squarely on the rights of the potential victim. A human-rights-based approach would seek to identify those approaches to transplantation that offer the best chance of protecting vulnerable persons from exploitation and that best support the core human rights principles of non-discrimination and equality. Such an approach would also probably be extremely critical of the unequal power relations that almost inevitably exist between "donors" and recipients, as well as between "donors" and those who profit financially from transplantation surgery. Such an approach would further view socioeconomic conditions as determinants for organ removal with great concern.
- 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)
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
- Paragraph number
- 60
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