The issue of trafficking in persons for the removal of organs 2013, para. 37
Paragraph- Paragraph text
- With a few exceptions, regional intergovernmental responses to trafficking in persons for the removal of organs have been limited to the European system. Those responses have generally been on two tracks that mirror developments elsewhere: responses that have focused on trafficking in organs and responses that have included organ removal within definitions and instruments dealing with trafficking in persons. In relation to the second category, it should be noted that the major specialist instruments dealing with trafficking in persons within Europe (the Council of Europe Convention on Action against Trafficking in Human Beings and Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA) both include organ removal as a form of trafficking-related exploitation. In relation to the first category, the Council of Europe has been especially active. The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine articulated many of the principles affirmed in other instruments, including, in article 21, that "the human body and its parts shall not, as such, give rise to financial gain". An additional protocol to the Convention concerning transplantation of organs and tissues of human origin, adopted in 2001, extended its provisions to many issues associated with organ and tissue transplantation, including a prohibition on the (undefined) practice of organ trafficking. It has been noted that the practice infringes human rights, exploits vulnerable persons and undermines public trust in the transplant system. Consideration of this issue was extended in 2003 when the Parliamentary Assembly issued a recommendation on trafficking in organs in Europe.
- 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
- Other
- Paragraph number
- 37
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