28 January 1994

Doc. 7013

1403-28/1/94-6-E

MOTION FOR A RECOMMENDATION

on ethical principles regarding organ transplantation

and grafting of human tissues

presented by Mr MONFILS and others1

1.       Organ transplants are the salvation of many people and enhance their quality of life. The past decade's advances in medical techniques have increased both the number of such operations and the demand for organs.

2.       The Assembly reasserts that organ donation must remain voluntary and unpaid. It observes that the principle of self-sufficiency is impossible to realise as things stand. In Europe, supply is almost universally inadequate to demand, especially in specific population categories such as children. The shortage of organ donations is compounded by the problem of ultimate compatibility between donors and recipients.

3.       This insufficiency nurtures rumours and allegations of organ thefts and even abduction of children. The media have repeatedly propagated stories, from Latin America in particular, of children disappearing and being mutilated to supply an illicit trade in organs, chiefly corneas, directed at developed countries including Europe.

4.       Furthermore, the organ-supplying poor countries and the organ-consuming rich countries are in sharper contrast now that the East European countries undergoing democratic transition have opened up and, in some quarters, are represented as plying a trade in organs and tissues of dubious origin and quality.

5.       The Assembly invites the Secretary General of the Council of Europe to organise a major public event in order to raise public awareness of the organ transplantation issue from various standpoints, and of the Council's contribution in the bioethics and human rights field.

6.       The Assembly accordingly recommends that the Committee of Ministers and member states:

      —de       velop by all appropriate means — through school and the media in particular — knowledge and awareness of the real requirements as to organ donations and of their necessity for saving and prolonging human life;—

      —in       vestigate closely the procedures and conditions applying to donation and overcome the psychological, sociological and religious obstacles to what is an act of human solidarity;—

      —as       sess the various legislative arrangements authorising donation with a view to removing the legal or practical impediments to donation which operate even in cases which involve the principle that donation is presumed unless the donor has explicitly objected;—

      —ma       ke it a duty for medical practitioners to ascertain the origin of the organ;—

      —su       bject transplantation to the requisite conditions of accountability, equity and security at every stage;—

      —ma       ke organ trafficking a criminal offence, enquire into the real or alleged existence of unlawful international channels and take action against offenders;—

      —co       nclude without delay and open for signature the Council of Europe Convention on Bioethics and its Protocol on organ transplantation.Si

Signed:       Monfils, Özver, Ragnarsdottir, Pécriaux, Tummers, Vajda, Laakso, Robert, Poças Santos, Seeuws, Halonen, Pahor, Kiliç, Soysal, Yürür, Demiralp, Maruflu, Banks.

1 ¹This text only represents the views of the individual members who have signed it. It does not reflect a position adopted by the Parliamentary Assembly.