Protection of Human Beings Trafficked for the Purpose of Organ Removal

Abstract

This report presents a comprehensive set of recommendations for protection of human beings who are trafficked for the purpose of organ removal or are targeted for such trafficking. Developed by an interdisciplinary group of international experts under the auspices of the project Trafficking in Human Beings for the Purpose of Organ Removal (also known as the HOTT project), these recommendations are grounded in the view that an individual who parts with an organ for money within an illegal scheme is ipso facto a victim and that the crime of trafficking in human beings for the purpose of organ removal (THBOR) intersects with the crime of trafficking in organs. Consequently, the protection of victims should be a priority for all actors involved in antitrafficking activities: those combating organ-related crimes, such as health organizations and survivor support services, and those combating trafficking in human beings, such as the criminal justice sectors. Taking into account the special characteristics of THBOR, the authors identify 5 key stakeholders in the protection of human beings trafficked for organ removal or targeted for such trafficking: states, law enforcement agencies and judiciary, nongovernmental organizations working in the areas of human rights and antitrafficking, transplant centers and health professionals involved in transplant medicine, and oversight bodies. For each stakeholder, the authors identify key areas of concern and concrete measures to identify and protect the victims of THBOR. The aim of the recommendations is to contribute to the development of a nonlegislative response to THBOR, to promote the exchange of knowledge and best practices in the area of victim protection, and to facilitate the development of a policy-driven action plan for the protection of THBOR victims in the European Union and worldwide.

Strengthening Global Efforts to Combat Organ Trafficking and Transplant Tourism: Implications of the 2018 Edition of the Declaration of Istanbul

“…Protection of prospective transplant recipients and living donors begins during the evaluation process, which, guided by established professional norms, aims to determine their medical and psychosocial suitability for donation or transplantation, their understanding of the process, and the voluntariness of their consent, and also aims to detect signs that may indicate involvement in organ trafficking, trafficking in persons for the purpose of organ removal, and/or transplant tourism. 6 , 7 Such signs may include errors or discrepancies in the documentation identifying prospective donors and recipients; lack of evidence of a relationship between the prospective donor and recipient despite claims of consanguinity or close emotional relationship; social relationships between the intended donor and recipient in which the recipient (or their relative) is in a position of power over the donor (or a relative of the donor), for example, employer or work sponsor; or refusal to permit the prospective donor to speak independently with healthcare staff.…”

“…Laws governing trafficking in human organs and trafficking in persons for the purpose of organ removal should aim to hold those who profit from transplant-related crimes criminally accountable and to protect those who may be victims. 6 The involvement of ‘donors’ or recipients in the sale or purchase of an organ should be prohibited. However, it is for national governments to decide whether to also criminalize these persons for their involvement in these acts.…”

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“…6,8 The current legislation sets rigorous and detailed rules and standards concerning brain death, as well as the removal, storage, allocation, and transplant of human tissue and organs. 16 In addition, the official Tunisian Islamic authority supports organ donation and transplant. This position is based on the Quran verses and prophet sayings and the position of other prestigious academies or personalities in the Muslim world.…”

“…Abbreviations: NS, not significant ensure their success, such strategies should accommodate international recommendations [14][15][16] and local resources and also take into account cultural issues. 11,13 In our experience, the acceptance of kidney donations between spouses and among extended family members has resulted in an increase in the numbers of living donors during the last decade of this study.…”

The Hague Recommendations

“…One day before the symposium, 40 experts were invited to participate in the project's Writers' Conference to formulate recommendations to improve the nonlegislative response. Convening in 4 groups, each group developed recommendations that are presented in the underlying issue: the ethical and legal obligations of health care providers, 11 the protection of persons trafficked for the purpose of organ removal, 12 strengthening cross-border collaboration in criminal cases, 13 and stimulating partnerships between transplant professionals and law enforcement. 14 Each set of recommendations represents the group's views and some contain overlap in content.…”