A/HRC/4/31
page 15
55.
One NGO based in West Africa reported some regional and bilateral agreements.
According to this NGO, several countries have signed bilateral agreements to combat the
trafficking of children, such as the agreement between Senegal and Mali or that between Mali
and Guinea. In a more general context, a multilateral agreement was also signed by nine
countries of the West African region relating to the same issue. Unfortunately, since the
Special Rapporteur did not receive any responses from those specific countries, the signing of
these agreements could not be ascertained.
56.
The questionnaire enquired about the national (including regional/provincial/state)
legislation applicable to prevent, counter and eliminate the sale of children as well as the
public institutions in charge of these actions. The Special Rapporteur was pleased to receive a
great deal of information on the legislations elaborated in several States. Those quoted in the
report are intended to be a representative sample to illustrate the different range of standards
being developed and actions being taken.
57.
Most of the Governments have penalized the issue of trafficking in human organs in
their respective Penal Codes, providing sanctions such as imprisonment and/or a fine. Turkey
has an article in its new Penal Code on the issue of trafficking of organs and tissues that
defines all the different scenarios of illegal removal of human organs and tissues as well as
applicable penalties. It even includes the case of a person who gives out a notice or
advertisement regarding the obtaining of human organs or tissue for a particular profit. Other
countries have similar provisions in their Penal Codes such as Estonia, Slovenia, Mexico,
Lithuania, Malta, Canada, Monaco, Finland, Sweden and the United Arab Emirates.
58.
Lithuania, Malta and Finland also provide, in their above-mentioned provisions,
aggravating circumstances relating to the issue of trafficking of organs or tissue that could
strengthen the penalty. In Finland, for example, chapter 21 of the Penal Code stipulates that
the removal of children’s organs is considered as an aggravating circumstance.
59.
Along with the provisions of the Penal Code, some States have also adopted other
specific provisions or laws pertaining to the issue of trafficking of organs. Turkey adopted
Law No. 2238 on Organ and Tissue Taking, Grafting and Transplantation which provides
specific regulations when minors are involved in organ transplantation. Germany stated in its
response the Transplantation Act, specifically section 17 relating to the trafficking of organs.
The law stipulates that it is not necessary that the transplant has actually taken place in order
to establish a case of trafficking. In Chile, the Law on Transplantation also relates to the
sale of organs articulating that no organs can be the subject of commercial transactions. The
United Arab Emirates stated that its Federal Act No. 15 of 1993 regulates the removal and
transplant of human organs and prohibits any form of sale or purchase of human organs and any
profiteering therefrom.
60.
Other States have instead addressed the issue in general national legislations. The
General Law on Health in Mexico has included in articles 461 and 462, specific provisions on
the transportation of organs and tissues outside the Mexican borders and without the Ministry
of Health or provisions on illegal obtaining, conservation, use and preparation of cadaver or
fetus organs. The Law for the Protection of Children and Adolescents and the federal
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