A/HRC/4/31
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in order to provide an orderly, ethical and acceptable framework for regulating the acquisition
and transplantation of human organs for therapeutic purposes.2 In such cases, the protection of
minors could be assured by requiring the minor’s comprehending consent and the consent of the
parent or the legal guardian. Guiding principle 4 provides absolute prohibition of the removal of
organs from legal minors, exception in the case of regenerative tissues. It adds in guiding
principle 5 that no human body or parts can be the subject of commercial transactions, neither
compensations nor rewards. Finally, guiding principle 7 prohibits physicians and other health
professionals from engaging in organ transplantation procedures if they have reason to believe
that the organs concerned have been the subject of commercial transactions.
33.
In response to a request of the Government of Colombia, the Ethics Department and the
Department of Essential Health Technologies of WHO undertook a study on the issue. The
report was accepted by the Executive Board and, after several amendments, the fifty-seventh
World Health Assembly adopted a resolution in May 2004, that urged the member States to take
measures to protect the poorest and most vulnerable groups from “transplant tourism” and the
sale of tissues and organs, including by giving attention to the wider problem of international
trafficking in human organs.3
34.
On 20 December 2004, the General Assembly of the United Nations, in its
resolution 59/156, also made a recommendation on the issue of illicit removal and trafficking of
human organs.4 It requested the Eleventh United Nations Congress on Crime Prevention and
Criminal Justice to prepare a study on the extent of the phenomenon for submission at its
fifteenth session.
35.
The United Nations Office on Drug and Crime (UNODC) has also contributed on this
matter, through its Terrorism, Corruption and Human Trafficking division. According to
UNODC, trafficking in human beings (including the removal of organs) is a global issue, and
there is a need to strengthen the criminal justice response to trafficking through legislative
reform, awareness-raising and training, as well as national and international cooperation.
Thus, the Global Programme against Trafficking in Human Beings (GPAT) was launched in
March 1999 with its main objective being to bring to the foreground the involvement of
organized criminal groups on that issue. Its key components are data collection, assessment and
technical cooperation. Pursuant to that aim, a report was issued in April 2006 entitled “Global
Patterns”, which constitutes an analysis of human trafficking data collected from 1996 to 2003
that shows patterns at the global, regional and national levels.
36.
Moreover, several countries are involved in technical cooperation projects and specific
intervention measures are introduced to strengthen the capacity to combat forms of trafficking.
At the national levels, the programme helps, for example, to promote awareness-raising by
public campaigns, to train law-enforcement officers, prosecutors and judges or to strengthen
victim and witness support. For example, in the West African region, a project is currently
under implementation covering Benin, Togo, and Nigeria. With support from Canada, France
and Norway, the project carries out an assessment of human trafficking trends. Training for
criminal justice practitioners was provided in February-March 2004 focusing on the
investigation and prosecution of human trafficking as well as international cooperation. On an
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