Organ Trafficking Crime

Running head: ORGAN TRAFFICKING CRIME 1

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ORGAN TRAFFICKING CRIME 2

Organ Trafficking Crime

New prospects arise every day about the operations of a proactive and on advanced organ

trafficking framework and their worldwide connection. This begs for a really big question that; is

organ trade really a crime? In Costa Rica for instance, there is lots of concern on the countries

involved in illegal organ trade. As such, the matter of organs trade and trafficking is

something that demands further investigations as to whether it is the right thing to do.

Some people argue that, it saves life on the other side while the United States Constitution

clearly states that organ trafficking is illegal because it’s an immoral act against humanity.

In one of the trials for instance later last year in Costa Rica on investigations on this

topic, a judicial investigator pointed out that the network that had earlier been articulated to be

present had shown signs of having ties that connected to Ukraine. There were also further

discoveries that a particular phone number was used severally to communicate with a certain

kidney doctor (Fransisco Jose Mora Palma) back in the year 2013, alongside two other numbers

that led to illegal organ trade. During early 2016, the Costa Rican government arrested several

individuals who were involved in this crime and the seriousness of this was that the case further

continued to trial (de Jong, 2017). This among other cases shows really the illicit trade has taken

up the developing countries and the world in general. Costa Rica may have only uncovered the

small part of an international gang of organ trade that is operating in the country. the popular

magazine New York Times also performed an investigation in the year 2014 in connection with

the Mora Palma’s groups which was said to have started operating back in the year 2011 with the

key players in an Israeli’s black market for organs, mainly kidneys.

Organ trade or rather a traffic is actually on the rise globally. There are many saddening

stories on networks of doctors, brokers, and medical facilities that are engaged in this illicit trade

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that have featured in the media. The beneficiaries of these illegal trade having aspects of

exploiting the poor mostly in underdeveloped and developing countries, and delivery of

substandard medical attention with very undesirable outcomes to the recipients who are able to

raise the amount to purchase these organs. Even though there are efforts around the globe to

improve organ donation, and prospects to take care of the transplants tourism, the

implementation of such helpful and positive prospects have always been sabotaged. The world’s

record on patients with kidney failure is also growing and corresponding is the shortage of organ

supply which the two aspects coupled, continues to fuel the illicit organ trade. Therefore, the

ability of donors in well-developed nations will force the ones in need to go into the developing

countries so as to gather for their needs for organs in whichever way they may.

According to the 2014 CEC (Council of Europe Convention), organ trafficking is viewed

and defined as any practice that involves the illicit removal of an organ in a human being. Sales

that take place with the consent of donors involved are also seen as illegal whether the

circumstances fit the situation or not. This aspect is heavily based on the fact that organ trade can

actually take place only after the organs are removed from trafficked humans. It is therefore very

immoral to allow for monetary exchange for organs. This is simply because, donation of organs

should happen via a person’s free will as this would rule out the financial part as a necessity for

organ donation, and hence, preventing many individuals from being exploited.

It can also be thought as violence to the human rights in that, not all the sellers of organs

are only in need of finances but also most of them do not know the ability of their body system to

adapt to the lack of the organ in play. It may yes fit the recipient but may also bring in

detrimental effects to the donor in terms of infections and system failure. Organ extraction if not

done correctly by a specialist is likely to bring in harmful effects like bacterial infections due to

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contaminations and on the extreme end of the wound is not treated and taken care of well it can

as well cause overall system failure. This will eventually lead to the death of an originally

healthy individual which in the literal sense means that he or she has been deprived off human

rights to life. This is very wrong about all the nations around the globe and should be condemned

at all cost (Brysk, 2013).

Organ traffic is organized crime in that it brings together the participants from different

countries and mostly includes mobile specialists like; doctors and surgeons, to perform the organ

removal at any destination of their illegal trade. In the event that the most of the traders and

particularly the buyers do not have a lot of concern to the sellers, then most of the physical

operations that are performed on the individuals are always done unwillingly especially where

the human trafficking is involved. This aspect is totally against the ethics of the doctors and

surgeons that are involved in this trade. Going against the ethical rules of medicine in any part of

the world is a crime and hence it is punishable by law. This further facilitates the fact that the

whole aspect of organ trafficking is very wrong and every individual should have a personal

initiative to deal with such issues whenever we come across them (Danovitch, 2013).

This illicit trade is usually protected or rather organized kind of crime making it harder to

get and arrest the people who run this ever-growing market. It is headed by money and cartels

and mafias involved are mostly in ties with the corrupt system of governments that has overtaken

many nations in the recent past. The law enforcers and police who are supposed to be protecting

the citizens are themselves also trapped by the traders after being paid to go silent on such

aspects. In the end, it is the layman that ends up being exploited by both the buyer and the

personnel that is supposed to protect them from the entry of the organ traffickers and personnel

whether locally or from external nations.

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All the nations should embrace the concept of self- efficiency in that, every individual in

a particular government should have equal access to donated organs, and also join in the

prospects that financially are responsible in facilitating those donated organs. Although this

initiative can be legally difficult and complex via aspects like how a country would regard

foreign workers, refugees, and other people who are not citizens but are residing in the country

and their legal rights towards the access of organ transplants. The main aspect of self-sufficiency

is that the underdeveloped and developed countries should not allow the organs from their own

citizens be sold to the external citizens rather they should provide for their own citizens. The

developed countries should, in turn, try to form organ transplant and donation programs that will

also include the deceased donation. This will help in maximizing of the available resources and

avoid their rich citizens to use their money and assets to buy an organ transfer in a country where

the organs are sold as they may be got and arrested (Jafar, 2009).

Many countries have shown improvement in this sector in the implementation of such

incentives to facilitate the self-sufficient system such as Israeli and in North America. Israeli for

instance, in the past, it paid its own citizens to get transplants from paid donors from other

countries. The removal of this transplants tourism ensured demand on local transplants

facilitating the prosecution of organ traders. This effectively brought a scheme that compensated

the expenses of the donor. This has increased the local donations and reduced the transplant

tourism by far. The Canadian government has formed programs that give doctors and physicians

the responsibility to promote domestic organ donation and eradicate or mitigate organ trade. The

country needs that all the transplants for non-citizens are to mention if the US is there residential

area or if they have purposefully gone there for the transplant and for other purposes.

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In conclusion, organ trafficking and trade is illegal and all nations and individuals should

articulate this to their system in order to help in solving this problem. Governments and countries

should give a provision that organ traders will not be complicated in any crime that involves

organ sale. The law enforcers will, therefore, focus their perspectives and resources on getting

the traders, the physicians, and the intermediaries and also the transaction locations that are

involved in this illegal organ trade. It should also be acknowledged that organ traders and

especially the sellers undergo a very discriminatory and exploitive act which is more than a

crime. Their economic status and need for money are exploited and hence in their poor

bargaining state, they gain a lot less from the commercial transfer than the intermediaries who

facilitate the trade and the end recipients whose their health is restored (Scheper-Hughes, 2014).

It is sad that nowadays, they only recognize human trafficking and not organ trafficking.

It needs only more than a criminal intervention and everyone including the law enforcers should

be ready to embrace this aspect and even go an extra mile in taking care of their country and

citizens. International communities dealing with transplants should also offer guidance to nations

and governments on other aspects that deal with organ trafficking. This is probably by defining

the differences between trade and trafficking and by forming and implementing policies that

reduce harm other not be productive in the end

ORGAN TRAFFICKING CRIME 7

Reference

Brysk, A. (2013). Human rights and private wrongs: Constructing global civil society.

Routledge.

Danovitch, G. M., Chapman, J., Capron, A. M., Levin, A., Abbud-Filho, M., Al

Mousawi, M., ... & Jha, V. (2013). Organ trafficking and transplant tourism: the role of global

professional ethical standards—the 2008 Declaration of Istanbul. Transplantation, 95(11), 1306-

1312.

de Jong, J. E. C. (2017). Human trafficking for the purpose of organ removal (Doctoral

dissertation, Utrecht University).

Jafar, T. H. (2009). Organ trafficking: global solutions for a global problem. American

Journal of Kidney Diseases, 54(6), 1145-1157.

Scheper-Hughes, N. (2014). Human traffic: exposing the brutal organ trade. New

Internationalist, 1.

Tsai, D. F. C., Huang, S. W., Holm, S., Lin, Y. P., Chang, Y. K., & Hsu, C. C. (2017).

The outcomes and controversies of transplant tourism—Lessons of an 11-year retrospective

cohort study from Taiwan. PloS one, 12(6), e0178569.

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