9th Greek Australian Legal and Medical Conference
Rhodes, Greece 2003

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TRAFFICKING IN HUMAN ORGANS

Professor Dr. Ismene Androulidakis-Dimitriadis

1. The problem

The rising demand for implants and the limited offer, which leads to illegal trafficking of human organs.

2. The Falcone Project

European Project Falcone ‘Human Organs Trafficking as an Organised Crime’.

National Experts from EU Member States – National Reports.

3. National Regulations in the EU Member States

  1. Living organ donors
    Consent of the donor
    Donation of specific organs
  2. Dead Donors
  3. Trade
  4. Institutions
  5. The legal nature of the offer of organs

4. Suggestions to the Falcone Project

  • Special legal instrument in the form of a framework decision;
  • Common definition for trafficking in human organs;
  • ‘Trade in human organs’ must be defined as the knowing commitment and participation of any form to the provision, acquisition or use of human organs;
  • Harmonization of sanctions;
  • Prohibition of ‘making the human body and its parts as such a source of financial gain’;
  • Living organ removal an ultima ratio and among a limited number of people, preferably relatives;
  • Current EU provisions concerning living organ donations form minor and mentally incapacitated adults must be reflected in the Framework Decision;
  • ‘Presumed consent informed’;
  • Proactive campaigns;
  • National transplantation Registries of consenting and non-consenting persons;
  • Maintenance of national transplantation registries to ensure compliance with EU legislation on data protection;
  • Extraterritoriality to the crime of trafficking in human organs;
  • Medical liability on transplantation of organs, and
  • Education, information, direction of EU citizens.

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Copyright 2003. Greek/Australian International Legal and Medical Conference.
For more information contact Jenny Crofts at jennycrofts@ozemail.com.au