A/HRC/4/31
page 21
81.
The Special Rapporteur also considers the phenomenon of child abduction to be of
particular concern, as these disappearances and abductions often constitute the first step in
abuses against children that can lead to sexual exploitation of the victims. The number of States
having set up organized and effective systems to respond to children abductions is very limited,
which results that when such a situation occurs, the first hours and days which are key for
finding a missing child are being lost. Therefore, a coordinated, comprehensive, and global
approach is required, where the different State institutions as well as NGOs and private business
have a role to play. Among this, outreach on prevention and on fast and effective responses is
essential. Rapid response programmes and initiatives taken by international and regional
organizations such as the ones given as examples above are to be encouraged. States that have
already elaborated legislative and administrative measures and programmes to tackle this issue
are commended for their efforts and their successes in finding abducted children. These rapid
response programmes are not only tools to respond to abducted and missing children, but also
allow considerable improvement between the different organizations for prevention of violence
against children.
VI. RECOMMENDATIONS
82.
While noting that most States which responded to the questionnaire have adopted
legislative measures to combat trafficking and sale of children organs, the Special
Rapporteur recommends that States adopting or amending their legislation in this regard
bear in mind the considerations set out below.
83.
In line with the standards set by the Guiding Principles on human organ
transplantation of the World Health Organization as well as with the Global Programme
against Trafficking in Human Beings launched by the United Nations Office on Drug and
Crime and the European Conventions on Action against Trafficking in Human Beings and
Human Rights and Biomedicine, the Special Rapporteur invites States to incorporate into
their national legislation prohibitions against any sale and trafficking of children’s organs
and tissues and effective safeguards to ensure implementation and to further develop
bilateral and regional strategies to be able to document any cases should these happen and
bring perpetrators to justice.
84.
States should, in particular:
(a)
Consider adopting legislation and standards regulating organ and tissue
transplantation in line with the Guiding Principles developed by the World Health
Organization and the World Medical Association;
(b)
Enforce bilateral and regional cooperation through the elaboration of
common standards, taking as an example the conventions and recommendations adopted
by the Council of Europe, and adapt domestic laws and standards in line with these
common principles;
(c)
Establish an effective information network that investigates, documents and
monitors allegations of traffic of organs and tissues, and ensure bilateral, regional and
international cooperation between the law-enforcement agencies in charge of the fight
against this traffic;
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