EU: convention against organ trafficking

Publié le : 15 July 2014

Last week, the Council of Europe adopted a convention against the trafficking of human organs. It will come into force once all Member States have signed, i.e. between the end of 2014 and the start of 2015. “The purpose of this convention is to prevent and combat the trafficking of human organs by criminalising certain acts, protecting victims’ rights and facilitating co-operation at national and international level”.        

Criminalisation of certain acts. The convention encourages signatory Member States to consider the collection of organs from living or deceased donors as a criminal offence  when there has been no donor consent or authorisation to remove the said organs (in accordance with national law) or if the donor, living person or third party has been remunerated (financially or otherwise) for the organ.      

Victims’ protection. The Member States must guarantee victims access to “relevant personal information”, assistance in their rehabilitation or compensation from the perpetrators.

The convention allows Member States to assess whether or not they wish to monitor organ donors, considering them as victims or traffic accomplices. It will come into force “once it has been signed by at least 5 Member States including 3 members of the Council of Europe”.

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