Meryem Aslı Özen
20060190
102-4
ORGAN TRAFFICKING IN HUMAN RIGHTS
In today’s new world, one of the most common problem is health issues. People of
modern world, nowadays started to learn that money is nothing without health. Many people
have serious health problems, they suffer because of the lack of health conditions. Besides
that, some people try to get back their health with somehow in illegal ways. On that point,
trafficking in human organs and the black market related to organ transplantation became
widespread. Therefore, that issue comes to be one of the main debatable and controversial
topic not only in the case of medical issues but also in the case of human rights. Hence, as
long as there is applied specific codes, laws and arrangements which are binding for both
governments and institutions, trafficking in human organs is hard to get rid of. Thus, the
researchers need to analyse the issue from economical, social and ethical aspects which can
provide government restrictions on the organ black market by combating poverty,
unemployement rates and improving bio-techniques to produce artificial organs.
The following research will focus on trafficking in human organs between
industrialized and developing countries, constructs and damages national legislations and
human rights in social, economical and ethical aspects. This paper will mainly emphasize the
people’s consents who donor their organs and wictims & criminals that, came to existence
because of the lack between demand and supply of organs. Moreover, the alternatives which
are supported by legal issues, will be elaborated which help to restrain and prevail organ black
market. In conclusion, the big part of that research will go around Turkey which is a country
that has the basis on commerce of organs though around the world.
At first side, people are confronted many news about organ black market with the
developed communication techniques. It is hard for many people even for the governments to
seperate the rumors from the realities. The reason is that, usually it is hard to expect from the
citizens of the developing countries to report such events to the official institutions. The organ
trafficking in through around the world occured in the hands of organized crimes. Therefore
many people afraids of the criminals of that commerce or they are away from officical
authorities. Moreover such crimes comes into existence and what is more to get arrested such
organized crimes take too much time, money and efford. Again in the case of developing
countries, it is really far away from the reality. On the other hand, eventhough some countries
are aware of that stiation. it is hard to prove it because both some people are away from the
conscious of their rights violations and some black markets occur in the triangle of police,
doctors and mafia. In the same way, that organ transplantation are happened in private
hospitals that usually do not checked by the governments at night thus also the governments
can be included to that triangle(Meyer, 2006).
What is more, the seperation of the transplantationing which are donated legally and
taken without consent is very important. In fact that, that makes the organ transplantation to
define legally or illegally. Actually, definition of organ marketting is hard because it is not fits
with the definition of ‘’organized crimes’’ exactly. Because in the issue of organ marketting
there is reciprocal benefits for both victims and criminals. At one side of the coin, the victims
donor their organs to improve their life conditions at the other side, the people who exploits
the patiants that suffer because of the shortage of legal organ donors. Moreover, it can be
defined ‘’organized crimes’’ because the high technique bio-medical instruments is
mandatory for organ transplantation. Therefore it is obvious that, without organized criminals
that consists of doctors, medicines and operating theatre etc. It is impossible to transplant the
organs.
In doctrine, when the governments defined organ trafficking as organized crimes, the
sanctions and coercions will more severely than the ordinary crimes. For example according
to Turkish criminal codes, the black money which is achieved from illegal ways, has to be
aqquited and examied in many dimensions. Hence, the law sentences of that kind of crimes is
higher. Likewise, the Turkish criminal code also arranges the legal ways of organ
transplantations. According to the Turkish Organ and Tissue Transplantation Regulations, the
transplantation is only possible when the brain death is occured excluded the patiants
relatives. Moreover, the department which will transplant the organs and the department
which decide the death of brain should be different. If the government could not achive that
the crimes about organ commerce can occur. Likewise, the Turkish Civil Codes restrains
persons from them. That means ,in some part, the contracts which are in contrast with the
human rigts is null & void. Therefore, even if the person has an aggrement about to donor
his/her organ which is inevitable for human health and dignity, that contract is in invalidity.
Actually many violations against humans basic rights starts on that poin. In fact that, it
is ridiculous to talk about several codes against crimes when in reality, the criminals are not
caught. It is obvious that,Turkey is one of the strongest link in continiuing process in organ
commerce in Europe. The human organs, mostly come from Moldovia are carried in Turkey
for the organ transplantation. Many Moldovians are treated in the inhumanity conditions.
They are not supplied health conditions after the transplantation. Moreover they are not taken
the big part of the money. They are given for ‘’USD 2,500 to USD 3,000 for
kidneys’’(Meyer, 2006, p.218) but the criminals receive ‘’USD 100,00-200,000’’. Clearly,
there is a huge market on organ commerce. In social economic aspects, the government has
reponsibilities on detecting the crimes. The triangle, police, doctors and mafia should be
broken by the government. The government has to provide it’s citizens to the basic rights.
With no excuses, the very basic right that is right to life which is cited in the third amendment
of the Universal Declaration of Human Rights sould be protected by the governments. In the
same way, in regards to twenty fifth of the UDHR, ‘’everyone has the right to a standart of
living adaquete for the health and wellbeing…, medical care, right to security in the event of
unemployement…’’ which should be provided by the government. If it seems impossible to
make those in process for economic reasons, at least the government has to detect their
citizens by specific codes and aggravated coercions for violaters. It is unacceptable for a
government to only watch and get benefits from the organ commerce.
In the ethical aspect of the organ donors problem, it is hard for the relatives of the
patient to donor the patient’s organs even the brain death occurs in conservative countries
which are commonly in developing countries. The reason is that, there is a widespread belief
among the public:’’ unless the spirit moves away, the hopes from the god continues.’’ The
donors of the patient’s organs without the absolute death, scruple of the relatives might
become unbearable. That is the why in some countries the donors so few.It’s clear that,
‘’demand is guaranteed by the shortage of organs all over the Europe’’(Meyer, 2006, p.217).
according to the statistics, 15-30% die in the duration of waiting list because of that shortage,
and it would increase up to 10 in four years in Europe.While wealthy countries provide the
poor people enormous money relative to people of undeveloped countries, illegal organ
donors inevitable for the poor country’s citizens. On the other hand, hoplessness of the
patients lead them to appeal such illegal ways of organ transplantation, because as the
statistics reveal, the situation of the patients is getting worser and worser day by day. In
reality the organ trade is mutual event because while one party gets living expenses the other
party gets their survival in the long term period.
Moreover, anti-trafficking legislations in Europian countries do not provide the
solution because, the patients can reach the organs from different countries.