Legality versus organ trafficking. Regulations at the limits of international treaties

Abstract

Considered by the medical world to be the greatest achievement of modern medicine, organ
transplantation has posed major challenges for society, medical professionals, and legislators. Given
the growing demand, transplantation has required an increasing number of organs to be available.
This has come up against societal attitudes, with religious views still prohibiting procedures that
remove certain organs from the human body. International and European organisations understood
the challenges from the outset and have made sustained efforts to provide guidance on creating a
unified legislative framework at the global and European levels. Principles have been established,
terms have been defined, and international acts have been adopted to support those involved in
transplantation. However, there have also been regulations in some countries that contradict those
established at the international level. One example is the legislation in China, which has allowed the
harvesting of organs from executed prisoners and prisoners, generating widespread international
criticism and many questions about the existence of freely given consent from donors. It also allowed organ trading until 2006, even though the international community promotes financial neutrality in organ transplantation. Another country whose legislation allows donors to be compensated is Iran, which has regulated a transplant system that permits financial rewards to donors.