Organ theft trafficking in the EU and international scenario

Abstract

This thesis analyses the various legal issues raised in the International and European sphere with regard to organ theft and trafficking. It commences with a brief history of the evolution of transplantation technology and that of organ trafficking. This work will also outline the world health issue of the supply and demand for bodily organs which leads to an organ shortage which can encourage illegal organisations to traffic human beings for the purpose of organ transplantation or to traffic organs obtained as a result of inducement and coercion. It subsequently embarks on a thorough study of the various countries' legislations particularly in poor countries where the trade in organs is found to be a widespread crime. Furthermore, it also outlines legislation at the European level and also at the level of other foreign organisations and associations. Malta is one of the very few countries which still have no legislative set-up regulating this area of crime. However, it is still true to say that no cases have been reported with regards to such offences. On the other hand, this does not mean that legal provisions should not be introduced to act as prevention. This work proceeds to outline various recommendations proposed which can serve as an incentive for both local implementation as well as for foreign countries.