A/HRC/4/31
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Penal Code do not have any specific legislation on the issue of the sale of children’s organs,
but articles 11 to 13 of the Law for the Protection of Children and Adolescents encompass this
issue. On the other hand, several federal states have integrated in their respective penal codes
specific stipulation on the subject. The District Federal State has developed article 172 in its
Penal Code and a similar understanding can be found in article 369 of the Penal Code of the
State of Durango.
61.
In federal countries such as Mexico and Canada, each level of Government has
adopted legislations on that matter. Canada for instance, while providing regulations on the
matter in the Criminal Code, strictly regulates organ transplantation/donation at the
provincial/territorial level. In Quebec, the Civil Code provides specific articles in its chapter
64 on the issue and in British Columbia, this is in the Human Tissue Gift Act adopted in 2000.
Both laws prohibit the sale, purchase and dealing in, directly or indirectly, any tissue or body
parts. Moreover, the Criminal Code of Canada does not have a specific provision addressing
the illegal removal of human organs and tissues but any general Criminal Code offences can be
invoked for any removal that does not comply with the relevant legislation. Finally, the
question of consent is dealt with in provincial legislation. In general, valid consent cannot be
given directly by persons who are under age or who lack the necessary mental capacity, and
the consent on behalf of such persons is limited to cases where there are valid therapeutic
reasons.
62.
The last question raised by the questionnaire dealt with the different public institutions
in charge of preventing, countering and eliminating the sale of children’s organs, their role and
activities. A number of countries, such as Estonia, Mauritius, Turkey, Slovenia, Croatia,
Japan, Venezuela, Malta, Sweden, Canada, Philippines, and Chile conferred responsibility for
the issue of organ trafficking to the Ministry of Justice, Ministry of Health (and Social
Welfare) and the police force. In Mauritius, the Ministry of Women and Child’s Rights is
also responsible in tackling the question of trafficking of women’s and child’s organs.
63.
Several States have elaborated other public institutions specifically related to the issue.
Croatia established in 2002 the National Committee for the Suppression of Trafficking in
Persons, composed of representatives of State administrative bodies involved in the prevention
of trafficking of persons, as well as representatives of legislative and judicial bodies and
NGOs. Within this framework, a special Working Group for the Prevention of Trafficking in
Children prepared the National Plan for the Suppression of Trafficking in Children for the
period from October 2005 to December 2007. In Sweden, a similar inter-ministerial Working
Group was set up in charge of compiling of knowledge about trafficking in human beings for
the purpose of removal of organs and on that basis will propose a national action plan. The
working group will present its results by the end of 2007.
64.
In the Philippines, several public institutions are in charge in countering the sale of
children’s organs. The National Kidney and Transplant Institute is the designated lead
government medical centre for organ transplantation in the Philippines. The Philippines
Centre for Transnational Crime (PCTC) is the special police institution that pursues trafficking
cases beyond the Philippines borders. The Inter-Agency Council against Trafficking (IACAT)
is the multi-agency body created mainly mandated to coordinate, monitor and oversee the
implementation of the same law.
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