Human organs not for sale
11 March 2018 | Criminal Law
Dr Stefano Filletti
On November 7, Malta signed and ratified the European Convention against Trafficking of Human Organs, which came into force here on March 1, 2018. It goes without saying that the trafficking of human organs violates human dignity, including, in certain extreme instances, the right to life itself. It could also pose a serious threat to public health and safety.
The overall aim of the Convention is to criminalise the illegal removal of human organs from living and deceased donors. It lists and targets instances where such an illegal and heinous activity can occur.
Another declared objective is to contribute significantly to the eradication of the trafficking in human organs by introducing new offences to supplement the existing international legal instruments in the field.
What is meant by a human organ? This is taken to mean a differentiated part of the human body, formed of different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy. It also includes a part of an organ if its function is to be used for the same illicit purpose as the entire organ.
Typical examples are where the removal is performed without the free, informed and specific consent of the donor, or in the case of the deceased donor, without the removal being authorised under a State’s domestic law.
Another scenario is where, in exchange for the removal, the living donor, or a third party, receives a financial gain or some comparable advantage. Putting it straight and simple, human organs are not for sale.
The Convention also covers cases of implantation of organs outside the domestic law system or in breach of essential principles of national transplantation law.
see article: https://www.timesofmalta.com/article/Human-organs-not-for-sale-Stefano-Filletti.672890#.Wqdk33PECBI.wordpress