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The issue of trafficking in persons for the removal of organs 2013, para. 67
- Paragraph text
- Below, the Special Rapporteur offers recommendations to States, medical and transplantation professionals and the international community.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 24
- Paragraph text
- In 2000, the flow of organs was believed to follow the modern route of capital: from the South to the North, from the Third World to the First World, from poor to rich, from black and brown to white, and from female to male. Data reviewed by the Special Rapporteur generally confirmed the key points of this assertion, except in relation to the gender aspect. The trade in organs sharply reflects economic and social divisions within and, most particularly, between countries. Recipients are generally independently wealthy or supported by their Governments or private insurance companies. Victims are inevitably poor, often unemployed and with low levels of education, rendering them vulnerable to deception about the nature of the transaction and its potential impacts. Available information indicates that, while trafficking in persons for the removal of organs can occur within a single country, it may involve legitimate regional cooperation or, most commonly, potential recipients travelling to another country for a transplantation that would be unlawful or otherwise unavailable at home (known as "transplant tourism"). Intermediaries, including brokers and health-care providers, arrange the recipients' travel and recruit "donors".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 29
- Paragraph text
- Trafficking is a grave violation of a number of human rights, especially the right to liberty and the right not to be held in slavery or involuntary servitude, the right to be free from cruel and inhumane treatment, the right to be free from violence and the right to health. The Special Rapporteur's framework for action will be guided by existing international and regional human rights instruments and principles relating to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 8
- Paragraph text
- In the age of globalization, trafficking in persons cannot be examined in isolation from the broader socioeconomic realities that drive it, nor should it be tackled only from a criminal perspective. Factors such as poverty and inequality, lack of educational opportunity and access to health care, gender discrimination, including gender-based violence, racial inequality and migration are some of the underlying factors that cause/contribute to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Movement
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 95
- Paragraph text
- Longer-term prevention strategies, including strategies to promote altruistic organ donation and ensure national self-sufficiency, should be developed within a strong human rights framework and with full attention paid to the need to avoid exploitation of all persons, including those who are especially vulnerable as a result of their economic and/or social situation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 94
- Paragraph text
- States should continue to reject all forms and avenues of commercialization of transplantation as a means of addressing demand-fuelled exploitation on the grounds of human rights concerns, including threats to basic principles of equality and non-discrimination.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 86
- Paragraph text
- States should ensure that victims of trafficking in persons for the removal of organs have a legally enforceable right of access to remedies for the crimes and human rights violations that they have suffered. Remedies should reflect the nature and impact of the harm that has been committed against victims, including health-care costs and the long-term negative impact on their capacity to earn a living.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 83
- Paragraph text
- States should support the development of civil society capacity to work with and support victims of trafficking in persons for the removal of organs, including with regard to meeting longer-term needs for employment and medical care.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 77
- Paragraph text
- All States, in particular countries of "demand", should ensure that funding of, or reimbursement for, the costs of transplant tourism (whether by private health insurers, public health funds or travel insurers) is prohibited.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 44
- Paragraph text
- Regulation of live organ donation. It is well established that trafficking in persons for the removal of organs is often disguised as altruistic donation. Many countries that operate a live donor programme based on altruism stipulate that there must be some form of relationship between the donor and the recipient. For example, in India, the Transplantation of Human Organs Act of 1994 allows, under section 9 (3), donations of organs between unrelated donors "by reason of affection or attachment towards the recipient". This is judged by one of several authorization committees, which include physicians, academics and people with "high integrity, social standing and credibility", as stated in section 6 of the Transplantation of Human Organs Rules, adopted in 1995. In Greece, a law on organ transplants passed in 2011 further broadened the scope of living donors to include "any person with which the patient has a personal relationship and is emotionally connected". Judicial permission is necessary in this case, and the judge must confirm "the validity and depth" of the relationship between donor and patient to ensure that the donation is truly altruistic. In Germany, article 8 (1) of the Transplantation Act of 1997 permits live organ donations only between family members with "an extremely close degree of kinship".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 41
- Paragraph text
- Prohibition of transplant tourism. While the sale and purchase of organs is almost universally prohibited, these laws typically apply only to, or are enforced only in respect of, conduct within the territory or under the jurisdiction of the legislating State. In some countries, this is because the laws themselves do not extend to extraterritorial conduct. In other countries, criminal jurisdiction may, in principle, extend to the conduct of a national abroad but is rarely, if ever, applied in this way. The result is similar in both situations: recipients of illicitly obtained organs are almost never prosecuted by their country of origin or indeed by any other country. The importance of attaching extraterritorial provisions to national laws has been noted and bills to this effect have been put before parliaments in several countries. Prohibition of transplant commercialism in countries of destination will generally amount to a ban on transplant tourism. Some countries of destination have put in place additional legislative measures aimed at combating transplant tourism (for example, restricting participation in official transplantation programmes to nationals). The imposition of such a measure in the Philippines is reported to have cut off a critical link to a transplant tourism market based on poverty and corruption and shifted government attention to preventing kidney disease and encouraging deceased donations (see A/HRC/23/48/Add.3).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 33
- Paragraph text
- The Transplantation Society, an international non-governmental organization composed of physicians, surgeons and scientists involved in organ transplantation, has consistently opposed the commercialization of such procedures and issued a number of important statements on ethical issues around organ transplantation. In 2008, the Transplantation Society and the International Society of Nephrology developed a professional code of practice aimed at improving the quality and availability of organ transplantation while also addressing the key ethical issues facing practitioners. The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, adopted at an international summit on transplant tourism and organ trafficking convened by the Transplantation Society and the International Society of Nephrology in Istanbul, Turkey, from 30 April to 2 May 2008, has exerted significant influence over responses at the national, regional and international levels. The language of the Declaration is unequivocal with regard to trafficking in persons for the removal of organs, stating in its principle 6 that "organ trafficking and transplant tourism violate the principles of equity, justice and respect for human dignity and should be prohibited". It goes on to affirm that transplant commercialism should be prohibited because it "targets impoverished and otherwise vulnerable donors [and] leads inexorably to inequity and injustice".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 28
- Paragraph text
- Some 100 illegal kidney transplants were allegedly performed at a hospital in an African country from 2001 to 2003; most of the recipients came from the Middle East. The organs were sourced from persons from Eastern Europe and South America. Investigations revealed the existence of an international organ trafficking syndicate and brought into public view a long-standing and flourishing transplant tourism business.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 26
- Paragraph text
- While persons travelling abroad to receive purchased organs come from many countries and from all regions of the world, "a heavier reliance on overseas transplantation and transplant tourism is believed to exist in Asia and the Middle East than in other regions". Recently, some countries have been identified as organ-importing, or "demand", countries in which criminal prosecutions for trafficking in persons for the removal of organs have been initiated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 22
- Paragraph text
- Available information on trafficking in persons for the removal of organs is incomplete and often unverified. Scholarly research in this area is not yet well developed and anecdotal reports from civil society organizations and the media remain the primary source of information. Part of the problem lies in the clandestine nature of the trafficking. Even more so than other forms of trafficking in persons, those involved in trafficking in persons for the removal of organs (including victims) have very little incentive to come forward to researchers and criminal justice authorities with information and evidence. Victims are also unlikely to be identified through the multitude of channels that are now used to identify other victims of trafficking such as those subject to forced labour or sexual exploitation. Health-care providers who end up treating persons who have obtained organs abroad may be inhibited from sharing information with the authorities owing to concerns over patient privacy, their own obligations of confidentiality, uncertainty as to whether any laws have been breached or, indeed, their own complicity in the arrangement. Furthermore, definitional problems and confusion contribute to poor reporting and analysis and render comparisons between countries and between transplantation practices extremely difficult.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 75
- Paragraph text
- All States, in particular source countries for trafficking in persons for the removal of organs, should take legislative steps to prevent trafficking in persons for the removal of organs by way of transplant tourism through measures such as imposing restrictions on transplantation for foreign nationals, ensuring genuine transparency in the allocation of organs for transplantation and in the conduct of transplantations and preventing commercialization of transplantation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 65
- Paragraph text
- States are urged to address underlying factors, such as poverty, high unemployment rate, lack of human security and gender-based discrimination that increase people's vulnerability to trafficking by respecting, protecting and promoting their human rights in a comprehensive and holistic manner. States should combine different interventions so that the multiple violations of human rights that generate conditions of vulnerability to trafficking are addressed as a whole.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 93
- Paragraph text
- States should further cooperate with the national medical and transplant community in developing effective and transparent systems for transplantation supported by robust systems of oversight and reporting.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 92
- Paragraph text
- States should cooperate with the national medical and transplant community to ensure that practitioners are aware of their legal obligations and to promote the development of an ethical culture around transplantation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 39
- Paragraph text
- National legal frameworks governing organ transplantation can be extremely complex, addressing a wide range of matters, many of which affect, directly or indirectly, trafficking in persons for the removal of organs. The main issues are briefly described below.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 50d
- Paragraph text
- [Furthermore, businesses should:] Implement an effective monitoring system, such as social audits, to scrutinize the risks of human trafficking at all levels of the supply chain;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur; they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including women, refugees and unaccompanied children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 76
- Paragraph text
- All States should review laws and policies around transplantation to ensure that there are no gaps or incentives that would encourage or facilitate trafficking in persons for the removal of organs. For example, it is well established that permitting live transplantation from unrelated donors carries particular risks of exploitation, as does providing incentives to "donors" that go beyond reimbursement of genuine costs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 73
- Paragraph text
- The national legal framework should provide for both civil and criminal liability of legal persons, such as pharmaceutical and insurance companies and medical establishments, for involvement in trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 72
- Paragraph text
- National legislation should include an obligation on medical personnel to notify authorities when they become aware of cases or potential cases of trafficking in persons for the removal of organs, with appropriate attention to issues of confidentiality and risks in cases of official complicity. This obligation should extend to medical staff involved in the provision of follow-up care to recipients.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 71
- Paragraph text
- The national legal framework should clearly identify criminal responsibility, ensuring that it extends to intermediaries, brokers, medical and transplant staff and technicians who are involved in trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 46
- Paragraph text
- Furthermore, it is crucial that actors who are likely to come into first contact with trafficked persons, such as the police and health professionals, provide relevant information to trafficked persons as early as possible. Given that psychological recovery of trafficked persons may take some time, it may be also beneficial to provide information on a regular basis, both orally and in writing in a language they understand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 30
- Paragraph text
- Children who are forcibly recruited or otherwise compelled to join armed groups face physical and psychological consequences. Whether in a combat or supporting role, they are at risk of grave physical injuries as well as health consequences, such as sickness resulting from malnutrition or disease. Girls may be exposed to further health problems related to sexual violence, pregnancy and childbirth. Also significant is the impact on children's mental health related to post-traumatic stress disorder, anxiety, depression or other mental health issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Children
- Girls
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 14
- Paragraph text
- Violent conflicts and humanitarian crises fuel trafficking in persons. Situations such as the persecution of minorities, arbitrary detention, torture, rape, kidnapping and enforced disappearance, the destruction of homes, increased food prices and progressively scarce access to water and sanitation, which increase the risk of illness and starvation, lead to forced internal and international displacement of the population and forced migration. In their search for a safer and better life, many fall prey to traffickers and exploiters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Humanitarian
- Movement
- Poverty
- Violence
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 26
- Paragraph text
- In the course of her work the Special Rapporteur has also actively solicited input from the private sector and from persons and institutions with particular expertise. In relation to specialist subjects, such as trafficking in persons for the removal of organs, the Special Rapporteur has sought external expertise from the medical and transplant communities, in an effort to ensure the accuracy of her reporting and the practical relevance of her recommendations, as well as to improve understanding among relevant stakeholders.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph