Situation in maternity hospitals in Romania
Doc. 10260
30 July 2004
Reply from the Committee of Ministers
I. Written Question No. 441 by Mrs Postoico (Doc. 10092)
Being concerned about the situation in maternity hospitals in Romania, namely in maternity hospitals in Ploiesti city, where only in December 2003, 16 new-born children died and two alive babies were reported dead;
Underlying, that such circumstances are extremely favourable for trafficking in human organs and tissues,
To ask the Committee of Ministers,
1. Does the Committee of Ministers monitor both the particular situation in maternity hospitals in Ploiesti city and the general situation regarding trafficking in human organs in Romania;
2. What measures the Committee of Ministers is going to take in order to assist the Romanian Government in fighting against trafficking in human organs and tissues.
II. Reply by the Committee of Ministers
1. Mrs Postoico has raised a question about the situation of maternity hospitals in Romania, and specifically those in Ploiesti city, following the reported death there in December 2003 of sixteen new-born children. She establishes a link between these circumstances and the problem of trafficking in human organs and tissues, and asks the Committee of Ministers whether it monitors the situation in maternity hospitals in Ploiesti city and trafficking in human organs in Romania, and finally what measures it will take to assist the Romanian Government in fighting against this type of trafficking.
2. The Committee of Ministers shares Mrs Postoico’s concern with respect to trafficking in human organs and tissues. At regular intervals, the Committee of Ministers calls on member states to sign and ratify the Convention on Human Rights and Biomedicine (CETS No. 164) and its Additional Protocol concerning the Transplantation of Organs and Tissues of Human Origin (CETS No. 186). The protocol provides for transparency in allocation procedures, prohibition of organ and tissue trafficking and of financial gain, and appropriate information for donors, recipients, health professionals and the public. States ratifying this instrument are also required to provide for appropriate sanctions in the event of infringement of its provisions.
3. The Biomedicine Convention entered into force with respect to Romania in 2001, and according to the Romanian authorities, ratification of the protocol on transplantation is currently under consideration. It should also be noted that in order to give guidelines to all member states in the setting-up of an appropriate transplant system, the Committee of Ministers has adopted, in particular, Recommendation Rec(2001)5 on the management of organ transplant waiting lists and waiting times, or more recently Recommendation Rec(2003)12 on organ donor registers. The identification of measures to combat organ trafficking will also continue to be included in the 2004 Programme of Activities; in particular, the European Health Committee will submit to the Committee of Ministers a draft recommendation on ways and means to minimise the risk of organ trafficking.
4. The Committee of Ministers also recalls that the Secretary General has conducted a review of aspects of member states’ law and practice that may be relevant to organ trafficking and may be helpful in identifying potential gaps to address. The European Health Committee has put great emphasis over the years on giving assistance to member states to meet the Council of Europe standards in the area of organ transplantation. As an example, a training seminar on organisational aspects of organ transplantation was organised on 26 and 27 May 2003 in Kyiv, Ukraine, with the participation of the national transplant co-ordinator of Romania.
5. Concerning the protection of infants and children, the Council of Europe considers that the rights of children are encompassed within human rights in general. The United Nations Convention on the Rights of the Child covers specifically the rights of children (Article 24 paragraph 2, sub-paragraph a. concerning measures to diminish infant and child mortality is especially relevant in this case), as do certain provisions of the revised European Social Charter, notably Article 11 on the right to the protection of health, ratified by Romania. The situation of infant mortality is monitored by the Social Charter’s supervisory bodies under this Article, and according to the latest report, although the rate has dropped in recent years, the percentage of infant deaths remains high and a subject for concern (European Committee of Social Rights, Conclusions 2003, vol. 2, p. 390).
6. The Committee of Ministers has been informed by the Romanian authorities that the death of fourteen infants in the Ploiesti city maternity hospital was due to an infection, later contained. Two other premature babies who received treatment were the subject of an administrative error, which registered them as “stillborn”, not deceased: that error was corrected and the mothers informed by the social services. Investigations by the health and judicial authorities and the police concluded that there was no relation between the deaths of these premature babies and trafficking in organs and tissues (see Appendix).
Appendix to the reply
