Organ Trafficking Law

Topics: Organ transplant, Organ donation, Organ trade Pages: 10 (2599 words) Published: March 8, 2015
Organ Trafficking – Law

Organ transplantation is an effective therapy for end-stage organ failure and is widely used around the world. According to WHO, kidney transplants are carried out in 91 countries. Around 66 000 kidney transplants, 21000 liver transplants and 6000 heart transplants were performed globally in 2005. The access of patients to organ transplantation varies to the national situations, and is determined by the cost of healthcare, the level of technology advance and the availability of organs. The shortage of organs is a universal problem. In some countries, the development of a deceased organ donation program is hampered by sociocultural, legal and other factors. In this paper, organ transplantation will be discussed with the main emphasis on the legal issues behind this globally developing activity of “transplant tourism.” The shortage of organs has led to the development of the international organ trade, where potential recipients travel abroad to obtain organs through commercial transactions. The problem is a global issue. The international organ trade has been recognized as a significant health policy issue in the international community. A World Health Assembly resolution adopted in 2004, urges Member States to “take measures to protect the poorest and vulnerable groups from ‘transplant toursm’ and the sale of tissues and organs.” Forms of international organ trade

The most common way to trade organs across national borders is through recipients who travel abroad to undergo organ transplantation, which is also known as transplant tourism. Transplant tourism is the trading of sales of organs with other elements relating to the commercialization of organ transplantation. The international movement of potential recipients if often arranged by intermediaris and health care providers who arrange the travel and recruit donors. The area that requires the most attention is the illegal forms of organ transplantation where live donors have reportedly been brought from one country to another that involves human trafficking for the purpose of organ transplantation. The organ-exporting countries

China is one of the main countries where transplant organs where organ trafficking occurs the most. Most of the transplant organs were claimed to have been obtained from executed prisoners. Since there is a large number of organs required and the absence of established rules about the allocation of organs, the activities have been increasing over the years. Consequences and Effects

Health authorities have been urged to update their legal frameworks – in both organ exporting and importing countries. They must also address the understlying problem or organ shortage by using organs from ethically acceptatble sources. Rules have been established concerning overseas translations to limit the international organ trade. The lack of previous efforts to monitor the international organ trade arguably indicates an inadequate current mechanism to deal effectively with this global issue. http://www.who.int/bulletin/volumes/85/12/06-039370/en/

The shortage of organs has been due to the reluctance of family members to donate due to fear of the surgery causing loss to their health, smaller nuclear families with unmatchable donors and a decreased donor programme that is still to evolve fully. The shortage has resulted in an organ trade.

http://www.jnrt.info/ojs/index.php?journal=jnrt&page=article&op=viewFile&path%5B%5D=16&path%5B%5D=27

Legality of Organ Trades
Organ sales are permiteed in the Philippines as long as the donor recipients are natives. Iran uses a hybrid system of free market and government control, where vendors sell their organs to the government, which acts as an intermediary. It pays them and gives them free health insurance for one year/ Donor recipients must be Iranian and they are required to work to pay for the cost of their organs. Effects of Organ Trafficking and Transplant Tourism

Transplant tourism...
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