Doc. 9782

10 April 2003

Prevention of abuses in the trade of vital human organs

Motion for a recommendation

presented by Mr Laakso and others

Organ transplantations are constantly increasing in Europe and in other parts of the world. The increase of organ transplantations has, however, led to abuses and uncontrolled trade in vital human organs. Rumours of organ commerce and theft circulate widely and negatively affect the credibility of official vital organ procurement programmes in all countries. Practices such as buying and selling organs already exist in Europe.

Reliable facts and data are difficult to obtain. In the media, fact is mixed with fiction about organs with tissue, cadaver transplants with living unrelated transplants and altruistic (live) donations with paid donation.

The exact size, nature and various other aspects of the problem related to the commerce and theft of human organs in Europe is not known.

The Additional Protocol to the Convention on Human Rights and Biomedicine, on Transplantation of Organs and Tissues of Human Origin (ETS 186) sets out the general principles concerning, inter alia, equitable access to transplantation services for patients, transparent rules for organ allocation, health and safety standards, the prohibition of financial gain by donors and the need for donors, recipients, health professionals and the public to be properly informed.

The national legislation in European countries related to trade in human organs varies. In some of the European countries there is no law prohibiting organ commerce and sale, and in some countries the law is not enforced.

Organ transplantation is an international field dependent on organ donations from many countries.

There is, however, no single international body to act as clearing house and to take steps to have verification of whether these are rumours or facts and to act and advise accordingly to see that an accurate clarification is effected.

Considering the above, the Assembly and the Committee of Ministers should:

1.       study the extent of organ commerce and sale actually taking place in member states and observer countries;

2.       make an overview of the national legislation in member states related to organ commerce and sale and whether the law is enforced;

3.       propose measures at national and international level to prohibit illegal activities and practices, inter alia, a Council of Europe convention and/or recommendation concerning the illegal trade in human organs;

4.       propose the establishment of a Foundation, whose task would be to monitor the application of international norms. The monitoring board of the Foundation would consist of specialists of, inter alia, international law, transplant professionals and representatives of the Council of Europe.

Signed ¹:

Laakso, Finland, UEL

Atkinson, United Kingdom, EDG

Cilevičs, Latvia, SOC

Davis, United Kingdom, SOC

Einarsson, Sweden, UEL

Elo, Finland, SOC

Eörsi, Hungary, LDR

Isohookana-Asunmaa, Finland, LDR

Korhonen, Finland, EPP/CD

Magnusson, Sweden, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group