A/HRC/4/31
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to our mandate, the report will ameliorate the data collection on violence occurring because of
the sale of children, child prostitution and child pornography and encourage the States parties to
ratify and implement the Optional Protocol on the sale of children, child prostitution and child
pornography.
17.
More specifically, Mr. Pinheiro suggests, in order to ensure the safety of children in
residential care and juvenile justice detention facilities, to reduce the numbers of children in
those centres by decriminalizing “status offences”, survival behaviours and victimization by
trafficking or criminal exploitation. With regard to violence against children occurring in the
workplace, the report recommends that States implement domestic labour laws, mainstream the
elimination of child labour and give priority to the “worst forms” of child labour, which are
inherently violent. Where children are working illegally, it is important to ensure the availability
of recovery and integration programmes. Finally, in the community context, the Study proposes
several ideas, such as to enhance the prosecution of offences relating to the sale of children, child
prostitution and child pornography through the review of domestic laws in order to abolish the
requirement of “double criminality”.
III. SALE OF CHILDREN’S ORGANS
18.
During the past years, the Special Rapporteur has received worrying allegations relating
to the issue of illegal trafficking of children’s organs and tissues. In fact, the sporadic
information remains in most cases unsubstantiated. Trafficking of organs remains a sensitive
issue, especially when involving vulnerable victims such as children. The Special Rapporteur
finds it important to examine the above problem in his annual report so as to better assess the
issue of organ trafficking. This will provide better protection for children in that area, keeping in
mind the best interests of children which should always be a primary consideration.
19.
According to information gathered, human organs and tissues are generally trafficked for
different reasons. For example, they can be used for genetic research, religious or magic rituals,
but are mainly trafficked for transplantation use. In fact, thanks to the rapid progress of medical
science and technology, the success of organ transplantation is progressively increasing.
However, a gap between the supply and demand for organs is continuing to widen. In fact,
patient demand for transplants is so strong and the medical capacity to satisfy it so widespread,
that shortages of organs are therefore bound to occur. It is alleged that, in recent years,
international criminal organizations have detected the lucrative aspect of this black market. With
the globalization of this phenomenon, the trade is becoming known as “transplant tourism”. As
a result, this shortfall in the availability of organs in certain areas of the globe has generated a
desperate search for them. Many people are thus prepared to travel to secure a transplant, and
are even ready to put aside the questions about how the organ was obtained.
20.
The Special Rapporteur believes that one of the major problems pertaining to this
particular issue is that, while evidence abounds for the trade of adult organs, the search for proof
concerning trade in children’s organs poses a still greater challenge. In fact, the knowledge of
this particular organ trafficking remains weak due to an overload of rumours and hearsay. Most
of the stories related to child organ trafficking have spontaneously arisen as “urban legends”,
which could be defined as a false but widely believed form of modern folklore. The danger
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