Organ Trafficking in
Canada:
Policy Recommendations
11/26/2012
PAPM 4000
Christina Harrison Baird
Authored by: Adrienne McCarty, Kaleigh Norkum,
Maureen Attivor and Rachel Neizer
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Introduction
For the purposes of this essay, organ trafficking will be defined as the process whereby
individuals trade their organs for monetary compensation. The purpose of this essay will be to
explore the relationship between the law and organ trafficking. This will be accomplished by
means of three goals. The first goal is to is to educate the reader about organ trafficking. It will
do so by identifying the primary legal mechanisms which govern Canada’s perspectives on organ
trafficking. The second purpose is to identify the weaknesses in Canadian organ trafficking
policies when compared to that of the European community’s policy stances. The third
underlying goal of this essay is to propose solutions that would strengthen Canada’s organ
trafficking policies.
Background Information
The problem of organ trafficking arises from three primary sources. The first source is
the global organ donor shortage of corneas, livers, hearts, and which an obstacle is for doctors
who are practitioners of westernized medicine1. The second cause of organ trafficking is the
ability and willingness of wealthy individuals to purchase trafficked organs2. The third is the
level of poverty that people are facing that puts them in the position where they are so desperate
that they are willing to sell their organs3.
BBC News (2007). “Experts warn against organ trade,” BBC News. Retrieved from
http://news.bbc.co.uk/2/hi/health/6240307.stm
2 BBC News (2007). “Experts warn against organ trade,” BBC News. Retrieved from
http://news.bbc.co.uk/2/hi/health/6240307.stm
3 BBC News (2007). “Experts warn against organ trade,” BBC News. Retrieved from
http://news.bbc.co.uk/2/hi/health/6240307.stm
1
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Trafficking in organs represents a unique problem for human rights. Typically, when
examining organ trafficking from a human rights perspective, one would primarily focus on the
violations that affected the donors as they are often subjected degrading treatment from the
harvesters4. The donor’s human rights may be violated whether or not they give consent to have
their organs harvested5. If organs are harvested without consent, it is considered a violation of
our life, liberty and security rights. This is especially prominent when the donors are killed for
their organs as seen in China. In this circumstance, they are not only unwilling donors but they
also have their life taken from them.
However, even with consent, there are still many human rights violations that may occur.
For example, the United Nations has seen a rise in the exploitation of consenting donors where
donors are not given what they are promised in return for their organs6. In these cases, the state
has also failed to provide adequate protection for that person’s security and by extension life. In
addition, many of the donors do not receive an adequate standard of healthcare during or after
the procedure. Donors who sell their organs are often previously suffering from conditions
related to poverty and the social welfare programs that exist are not adequately addressing the
donor’s needs7.
However, the donors are not the sole victims of human rights violations in organ
trafficking cases. Organ trafficking can often be the result of major human rights violations on
the part of the state. According to the Canadian Society of Transplantation, Canada has a
significant problem accommodating the needs of people who are require transplants, largely due
United Nations (2012). “Trafficking for Organ Trade”, Global Initiative to Fight Human Trafficking.
Retrieved from http://www.ungift.org/knowledgehub/en/about/trafficking-for-organ-trade.html
5 United Nations (2012). “Trafficking for Organ Trade”, Global Initiative to Fight Human Trafficking.
Retrieved from http://www.ungift.org/knowledgehub/en/about/trafficking-for-organ-trade.html
6 United Nations (2012). “Trafficking for Organ Trade”, Global Initiative to Fight Human Trafficking.
Retrieved from http://www.ungift.org/knowledgehub/en/about/trafficking-for-organ-trade.html
7 United Nations (2012). “Trafficking for Organ Trade”, Global Initiative to Fight Human Trafficking.
Retrieved from http://www.ungift.org/knowledgehub/en/about/trafficking-for-organ-trade.html
4
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to the lack of availability of organs8. According to the organization’s website, approximately
4000 Canadians are in need of a transplant while only a quarter of that amount actually received
the organs that were needed9. Consequently, approximately 195 people died while waiting for an
organ to become available10. This shortage is responsible for significant human rights violations
committed by the state. For example, the individual is not receiving adequate health care, their
personal security is violated and as a consequence of them not having a necessary organ, they
have a compromised quality of life. Additionally, when recipients receive organs, their bodies
may reject the organs which also may compromise the quality of their life.
However, the concerns over organ trafficking are not isolated to human rights violations.
Organ trafficking also is a cause for concern when considering our domestic and international
security due to its connections with organized crime11. Consistently, traffickers target women
and children in developing to be donors because of their vulnerable nature and levels of
poverty12. They are unlikely to report the crime and are often desperate enough to make the sale.
Experts claim that traffickers are attracted to the business of organ trafficking because of the
business and the relatively low risk of being caught13. The organ trafficking business has
excellent profit margins and will likely explode over the next thirty years due to the aging
8
Canadian Society of Transplantation (2005). Retrieved from
http://www.transplant.ca/pubinfo_orgtiss.htm
9 Canadian Society of Transplantation (2005). Retrieved from
http://www.transplant.ca/pubinfo_orgtiss.htm
10 Canadian Society of Transplantation (2005). Retrieved from
http://www.transplant.ca/pubinfo_orgtiss.htm
11 Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
12 Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
13 Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
Page 4 of 22
Boomer population14. It is almost impossible to trace the origins of an organ once it is harvested
and transported, making this crime ideal15.
Canada’s Domestic Policies on Human Organ Trafficking
One domestic policy in Canada is section 279(b) of the Criminal Code of Canada (CCC)
pertaining to exploitation. This states that a person exploits another person if they have a tissue
removed by means of deception, the use or threat of force and the use of any other form of
coercion16. If a person commits this this crime then they can be sentenced to a minimum of five
years imprisonment if they have trafficked a person under the age of 1817. The penalty can be
moved to a minimum of six years in prison for trafficking a person under the age of 18 if there
are aggravating factors associated with the act. Under the Canadian Criminal Code, the
maximum penalty that a person can receive for the offence of trafficking is fourteen years to life
in prison18. However, this is only if the accused kidnaps, commits an aggravated or sexual assault
against the victim, or causes death to the victim during the time of the offence19.
Another domestic policy that relates to organ trafficking is section 118 of the
Immigration and Refugee Protection Act (IRPA). IRPA states that Canadian citizens are not
allowed to knowingly organize one or more persons coming into Canada by abduction, fraud,
deception, or the use of threat/use of force and coercion20. Recruitment and transportation are
Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
15 Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
16 Criminal Code, R.S.C. 1985, c.46, s.279.
http://www.laws-lois.justice.gc.ca/eng/acts/C-46
17 Criminal Code, R.S.C. 1985, c.46, s.279.
http://www.laws-lois.justice.gc.ca/eng/acts/C-46
18 Criminal Code, R.S.C. 1985, c.46, s.279.
http://www.laws-lois.justice.gc.ca/eng/acts/C-46
19 Criminal Code, R.S.C. 1985, c.46, s.279.
http://www.laws-lois.justice.gc.ca/eng/acts/C-46
20 Immigration and Refugee Protection Act, SC 2001, c 27, s.118
14
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prohibited, as well as harbouring these people21. This subsection applies not only to living
persons that are being trafficked; it also applies to organs that are trafficked in the country. If a
person is found guilty of committing the offense then they can be sentenced to life imprisonment,
have to pay a fine of $1,000,000, or both22.
In 2008, liberal MP, Borys Wrzesnewskyj introduced Bill C-500 to the House of
Commons. This Bill proposes to amend the criminal code so that any Canadian who participates
in an organ transplant that would be considered illegal in Canada would be punished under
Canadian law23. This is important because the transplant does not have to take place in Canada
for the person to be punished, it can take place anywhere in the world24. The Bill also states that
organ recipients have to certify that the organ they have received was legally obtained; this is
done by obtaining a certificate that establishes that the organ was donated and no money was
paid25.
Those Canadians that travel overseas for transplant, referred to as "transplant tourists",
could face difficulty if they receive organs from countries that are known for dealing in organs
taken from unwilling donors26. They would face difficulty in obtaining the certification needed to
http://www. laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html
21 Immigration and Refugee Protection Act, SC 2001, c 27, s.118
http://www. laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html
22 Immigration and Refugee Protection Act, SC 2001, c 27, s.118
http://www. laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html
23 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
24 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
25 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
26 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
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verify that the organ was not purchased or stolen. The Bill requires medical practitioners to
report any organ recipient that does not have the proper documents of certification27. Transplant
tourists often rely on aftercare and drugs provided through their provincial medical systems after
they return to Canada, if they cannot provide the proper certification documents then they will
have to be prosecuted for their crimes. If the offender is found guilty then they can be sentenced
to five years to life in prison28. The current status of Bill C-500 is that it has only undergone the
introduction and the first reading in the House of Commons29.
International Measures
The demand for organs has always exceeded the supply, however, the gap is widening
especially in countries with an increased number of citizens with chronic diabetes and
hypertension; which leads to more kidney diseases and renal failure30. Organ trafficking does not
serve the interests of the donors, endangers the health of recipients, and undermines the healthy
development of the international transplant endeavor31. International policies and protocols have
been enacted to ensure that transplants are done legally and progressively to avoid potential
health risks associated with trafficking32.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
27 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
28 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
29 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
30 Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:746
31 Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:747
32 Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:747
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However, the scope of legal measures concerning organ trafficking is limited as at this
time, and the trade is widely unknown and difficult to trace33. The United Nations (UN),
European Union (EU) and World Health Organization (WHO) are some of the larger
international organizations that have created international measures to prevent the trafficking of
human organs.
The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons declares a
prescribed action to prevent and combat human trafficking34. It provides an international
approach that includes measures to prevent trafficking, punish the traffickers and protect the
victims who tend to be women and children35. In 2002, Canada ratified the convention agreeing
to undertake to criminally human trafficking which includes organ trafficking36.
The protocol, although progressive with its preventive measures for human trafficking, is
limited in its understanding of organ trafficking37. The complexity of organ trafficking and the
organ trade is not accounted for in the document. The protocol adds organ removal as a facet of
trafficking in persons38. This, although true does not properly encompass the movement towards
organ trafficking; organ trafficking is not limited to coercion, the trade can be more voluntary
and some do receive payment. Since Canada ratified the agreement, little effort has been made
Yea, S. “Trafficking in part(s): The commercial kidney market in a manila slum, Philippines,” Global
Social Policy, Vol. 10, No. 3: 358-376.
34 United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime.
35 (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Supplementing the United Nations Convention against Transnational Organized Crime.
36 United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime.
37 United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime.
38 United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime.
33
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towards preventative measures of organ trafficking. Christine Bruckert and Colette Parent,
signatories to the Protocol state:
“Under the protocol … signatory countries must prevent and
combat trafficking in persons by undertaking to criminalize
the organization of, assistance with or participation in the
trafficking of individuals as defined in Article 3(a) … 39.
They must also prevent and combat the problem by endeavoring to establish “measures such as
research, information and mass media campaigns and social and economic initiatives to prevent
and combat trafficking in persons40.” The protocol advocates information sharing between states
and the training of experts involved in one capacity or another in the struggle against human
trafficking41.
The international community is also concerned about how organ trafficking has impacted
children. The United Nations has released two documents that address these issues. The Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography was added to the UN
Convention on the Rights of the Child as an international response to the trend of children being
targeted for organ traffickers42. This rise was largely attributed to China’s One Child Policy
which left millions of young girls without families or proper healthcare, making them
39
United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime.
40 United Nations(2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime. UN General Assembly, http://www.unhcr.org/refworld/docid/4720706c0.html
41 United Nations(2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational Organized
Crime. UN General Assembly, http://www.unhcr.org/refworld/docid/4720706c0.html
42 United Nations (2000).Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography. United Nations General Assembly
http://www2.ohchr.org/english/law/crc-sale.htm
Page 9 of 22
particularly susceptible to traffickers43. According to sources, China has specifically targeted
and “slaughtered” these young girls and began selling their organs44.
The World Health Organization identified Canada, Israel, Japan, Oman, Saudi Arabia, the
United States, and Australia as the most common importing countries; where organ importing
refers to the countries of origin of the patients going overseas to purchase organs for
transplantation purposes45. Consequently, the WHO created the Guiding Principles on Human
Organ Transplanting in 1999 in response to the growing angst regarding organ trade46. It is one
of the few legislations specific to organ trafficking.
The principles do not legally bind members but nevertheless provide guidance for
governments and even health care professionals. The nine different principles provide an ethical
and orderly framework for regulating the transplantation of human organs for therapeutic
purposes; with principle four specifically prohibit organ trafficking especially in minors47. For
the Guiding Principles to become a meaningful contribution to the goal of ending organ
trafficking, they need to become legally binding48. Then, Canada as a nation can have more of an
enforcement role in prohibiting medical tourism for organ transplantation.
Finally, the An Additional Protocol to the European Convention on Human Rights and
Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin, prohibits
43
Dellinger, Christine. (2012). Harvested organs and body parts from prisoners and orphanages for sale
in China: allegations
44 Dellinger, Christine. (2012). Harvested organs and body parts from prisoners and orphanages for sale
in China: allegations
45 World Health Organization (1991). Guiding principles on human organ transplantation. World Health
Organization. http:// www.who.int/ethics/topicstransplantation_guiding_principles/ en/index1.html
46 World Health Organization (1991). Guiding principles on human organ transplantation. World Health
Organization. http:// www.who.int/ethics/topicstransplantation_guiding_principles/ en/index1.html
47 World Health Organization (1991). Guiding principles on human organ transplantation. World Health
Organization. http:// www.who.int/ethics/topicstransplantation_guiding_principles/ en/index1.html
48 World Health Organization (1991). Guiding principles on human organ transplantation. World Health
Organization. http:// www.who.int/ethics/topicstransplantation_guiding_principles/ en/index1.html
Page 10 of 22
organ and tissue trafficking, deriving a financial gain or comparative advantage from the human
body and its parts and calls on states to provide appropriate sanctions for such trafficking in
Europe49 . Canada could use the European Union convention and model as an example of how to
conduct a legally binding North-American treaty to prevent organ trafficking within their state
boundaries and abroad.
Domestic vs. International Policies
Comparatively, Canadian responses to organ trafficking are not as reactive as
international responses have been. Scholars attribute this to the fact that organ harvesting is not
as prevalent in Canada as it is in other nations50. The problem with the Canadian legislation and
respective bills, such as Bill C-500, is that it not only targets traffickers but also the recipients
who require the trafficked organ to survive51.
In Canada’s efforts to regulate the trafficking, recipients are often targeted as opposed to
the traffickers which would be a more effective method of organ trafficking prevention. Those
recipients should be tried, in part, for their participation in organ trafficking because their actions
have directly violated the human rights of another person. However, arguably, their punishment
for the crime should not be as severe as the trafficker’s, as their involvement is often limited, as
matter of self-preservation. The trafficker, however, is responsible for inflicting pain and the
exploitation of vulnerable persons for profit.
49
An Additional Protocol to the European Convention on Human Rights and Biomedicine Concerning
Transplantation of Organs and Tissues of Human Origin. European Union
http://conventions.coe.int/Treaty/en/Treaties/Html/186.htm
50 World Health Organization World Health Organization (1991). Guiding principles on human organ
transplantation. World Health Organization. http://
www.who.int/ethics/topicstransplantation_guiding_principles/ en/index1.html
51 Borys Wrzesnewskyj, Private Memebers (2008), Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd Session.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245219
Page 11 of 22
Another identifiable problem with domestic legislation is that it is difficult to prosecute
transplant tourists for their crimes as it is difficult to trace the origins of the organs. Furthermore,
when the origins are known, Canada has no jurisdiction to arrest organ harvesters that reside in
other countries. However, Canada’s international legal obligations give it the ability to arrest,
prosecute, or extradite harvesters52.
Under the pretext of international law, international treaties are technically binding to
those States that sign on to them53. However, the State still has a choice on whether or not they
want to fulfill their obligations to that treaty; there is no way to legally enforce those
responsibilities54. Some methods of possible enforcement include sanctions or eviction from the
United Nations, but outside of these examples it is hard to enforce international law even to those
States that have signed on to the relevant treaties55.
Solutions
Our primary policy recommendation is to develop a national education campaign that
specifically deals with organ trafficking in Canada. This way, Canadians can understand the
origins of black market organs and the human rights implications. Previously, the Government of
Ontario partnered with the Trillium Gift of Life Network to form an organ donation campaign
called Recycle Me56. This campaign works to inform the general public on the immense need for
organ donors in the country, the educational campaign is primarily viral so the public can log
52
International Court of Justice. (2012). Belgium v. Senegal (Summary of Judgement). Retrieved from
http://www.icj-cij.org/docket/files/144/17086.pdf
53 Shaw, M. (2008). International law. (6th ed.). Cambridge: Cambridge University Press, P.1119
54 Shaw, M. (2008). International law. (6th ed.). Cambridge: Cambridge University Press, P.1205
55 Shaw, M. (2008). International law. (6th ed.). Cambridge: Cambridge University Press, P.1208
56 The Government of Ontario. , & Trillium Gift of Life Network (2012, November 25). Recycle me.
Retrieved from http://www.recycleme.org/
Page 12 of 22
onto the website at any time to receive facts on organ donation and how to become a donor57.
Their clothing campaign helped to promote education on organ donation and all the funds of
these sales go to benefit the Lars-Erik Gelin Memorial Foundation for Transplant Research58.
However, the problem with this campaign is that it only promotes organ donation as
opposed to educating the general public about the dangers of organ trafficking. Although
increasing the number of people willing to donate their organs would help decrease the amount
of people needing to resort to trafficking, it does not highlight the human rights issues linked to
trafficking. Furthermore, since it is primarily a viral campaign there is no way to determine the
campaign’s effectiveness which is contradictory to the campaigns mandate.
Ideally, the campaign would mirror the Canada’s National Action Plan to Combat Human
Trafficking. This campaign focused on educating the Canadian public, the authorities and service
care providers59. The training specifically addressed identifying victim, accessing the danger and
responding to the needs of the victim60. However, in order to accommodate the needs of the
program, we recommend that the campaign also target hospitals where doctors and patients can
learn about the harmful effects of trafficking.
Our second recommendation is that Canada should adopt new laws which better reflect
our international obligations in regards to human trafficking such as the Declaration of Istanbul
on Organ Trafficking and Transplant Tourism. This 2008 document highlights the issue of the
exploitation of vulnerable persons by traffickers and calls medical professionals to identify and
57
The Government of Ontario. , & Trillium Gift of Life Network (2012, November 25). Recycle me.
Retrieved from http://www.recycleme.org/
58 Lindgren, P. (2012, November 19). [Web log message]. Retrieved from http://recycle-merecycleme.blogspot.ca/
59 Government of Canada. (2012). National action plan to combat human trafficking. Canada: The
Government of Canada, P.5.
60 Government of Canada. (2012). National action plan to combat human trafficking. Canada: The
Government of Canada, P.5
Page 13 of 22
prevent organ trafficking on the ground instead of completely depending on the state61. The
Declaration also states that every form of organ trafficking is a crime, that means that those who
buy organs from harvesters are just as guilty in regards to the human rights violation being
committed62.
This Declaration is not a treaty that countries can sign onto; it is represents a set of ethical
principles formed by medical professionals around the world63. The Canadian Society of
Transplantation and the Canadian Association of Nephrology Nurses and Technologists endorse
the Declaration64. These organizations claim that Canada has a responsibility to adhere to the
principles set forth in this exceptional document.
Our third recommendation is that Canada should approach organ trafficking as many
European nations do by recognizing it as an independent crime from trafficking in persons. In
2009, the United Nations partnered with the Council of Europe to complete a study called the
Trafficking in Organs, Tissues and Cells and Trafficking in Persons for the Purpose of the
Removal of Organs65. The conclusion of this study found that a new treaty was needed in order
to prevent organ trafficking66. The new treaty would distinguish the crime of organ trafficking as
separate from human trafficking and that, if put into place, this treaty could provide a new basis
61
The American Society of Nephrology. (2008). The declaration of istanbul on organ trafficking and
transplant tourism. The American Society of Nephrology, 3(5), 1227-1231. Retrieved from
http://cjasn.asnjournals.org/content/3/5/1227.full
62 The American Society of Nephrology. (2008). The declaration of istanbul on organ trafficking and
transplant tourism. The American Society of Nephrology, 3(5), 1227-1231. Retrieved from
http://cjasn.asnjournals.org/content/3/5/1227.full
63 The Declaration of Istanbul on Organ Trafficking and Transplant Tourism. (2012, November 25). The
declaration of istanbul on organ trafficking and transplant tourism. Retrieved from
http://www.declarationofistanbul.org/
64 The Declaration of Istanbul on Organ Trafficking and Transplant Tourism. (2012, November 25). The
declaration of istanbul on organ trafficking and transplant tourism. Retrieved from
http://www.declarationofistanbul.org/
65 Johnson, C. (2009, October). council of europe / united nations: Organ trafficking treaty proposed.
Library of Congress. Retrieved from http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401623_text
66 Johnson, C. (2009, October). council of europe / united nations: Organ trafficking treaty proposed.
Library of Congress. Retrieved from http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401623_text
Page 14 of 22
for protecting victims and punishing offenders67. However, Canada has yet to draft this
document.
Iranian Model
Another solution is for Canada to change its domestic policies in healthcare so that organ
recipients do not have to wait for a prolonged period of time to receive an organ. Iran’s
healthcare policies as it relates to organ donation are an example of the changes that Canada can
make to reduce the need for trafficked organs. In 1988, Iran legalized living non-related
donations (LNRD) of kidneys and established an associated transplantation system68 .This
system has regulated and funded the transplantation process, as well as compensating the donors
for their organs69 . The Dialysis and Transplant Association within the transplant system is
staffed on a voluntary basis by end-stage renal failure patients, their job is to arrange contact
between donors and recipients. The Iranian Government states that it is illegal for medical and
surgical teams involved in the transplant process to receive any form of payment, this also
pertains to middlemen70 .
Within the first year of establishment of the system, the number of transplants nearly
doubled and four out of five were from non-related sources. The Iranian Government provided
payment and free health insurance for the organ recipient71. The receiver of the ‘new’ kidney is
provided with highly subsidized immunosuppression, if they cannot pay for the transplant
67
Johnson, C. (2009, October). council of europe / united nations: Organ trafficking treaty proposed.
Library of Congress. Retrieved from http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401623_text
68 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67.
69 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67.
70 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67.
71 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67.
Page 15 of 22
themselves they are also aided by charitable organizations72. Iran’s healthcare policies on organ
transplants strictly prohibit transplant tourism since they found that Iranian donors were being
exploited by the tourists73. As a solution Iran offers refugee group’s transplants but they are not
allowed to donate to people outside of their ethnic groups, further decreasing potential
exploitation of vulnerable groups74.
There is no nationwide transplant registry in Iran so the outcomes of renal transplantation
are difficult to assess75. However, the Hashemi Nejad Hospital (HNH) in Tehran, one of the
leading hospitals in Iran, does provide detailed analysis of its data76. In the twenty years up to
the beginning of 2006, just fewer than two thousand transplants in HNH were performed, three
quarters of which were LNRD. Results are similar in terms of both graft and patient survival
between LNRD and Living related donors (LRD) in both Iran and other countries77. There is
much less of a wait time in Iran for those waiting for donations and no significant exploitation is
occurring78. Moreover, those donating have access to benefits from the government and adequate
health care, reducing the mortality rate of those donating.
Canada may not be able to fully adopt the Iranian system but there can be compromises
such as a possible non-monetary reward system79. Canada could legalize the trade of organs of
non-living donors within Canada and provide some sort of incentive for donors to do so. Patients
who have previously agreed to be on the transplant list could receive priority health care and a
72
Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 68.
Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67.
74 Monaco, AP. (2006). Reward for organ donation: the time has come. Harvard Medical Journal.
69(6):955
75 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 68
76 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 67
77 Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine, 11(1): 68
78 Friedman, Amy. (2006). Payment for living organ donation should be legalized. British Medical Journal.
333:747
79 Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:502
73
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monetary donation. Moreover, governments could control the monetary aspects of the
transactions rather than having the payment passing directly from individual to individual80.
Thus the donor would effectively sell their organ to the state which would then allocate it on a
basis of clinical need. Organ donation would have fewer complications, and would ensure that
transplants are done ethically and safely. Moreover, the wait list for organs would be decreased
and Canadians would have access to more organs so they would not rely on traveling abroad to
receive a transplant.
Research and Development
Currently many medical professionals are in the process of growing organs. Scientists
have been experimenting with artificial cells for years using high-tech 3D printing machines to
build up layers of artificial cells into tissue structure81. Unfortunately, these synthetically
engineered cells often die before the tissue is formed due to a lack of blood vessels. What is
needed next are cells from the patient to populate that organ skeleton82. Currently most labgrown organs have been using stem cells taken from bone marrow, as the research progresses
adult stem cells and skin cells will be used to grow organs83.
If Canada were to invest in research and development of organ growth, Canada could
become at the forefront of medical development. Moreover, Canada could become one of the
leaders in medical tourism, generating revenue for the government. However, this technology, if
perfected could help alleviate the world’s donor organ shortage. Organ recipients would not have
80
Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:505
O’Neil, Lauren. (2012). Lab-grown human organs closer than ever, according to scientists. CBC News.
82 Welsh, Jennifer. (2012).The Miraculous Way Scientists Are Growing Organs In Labs. Bussiness
Insider.
83 O’Neil, Lauren. (2012). Lab-grown human organs closer than ever, according to scientists. CBC News.
81
Page 17 of 22
to wait until a donor volunteered, or fell prey to medical tourism where there are clear abuses
done to the donors84.
Another medical process that Canada can invest in is the process of using biological
scaffolds taken from humans to create organs. This process uses a minuscule portion of the organ
that isn’t suitable for donation and puts it through a digestion process that rids it of all the
donors’ cells. All of the connective tissues are left out and the outlines of their blood vessels are
untouched85. Once a patient's cells are grown in the lab and turned into the right kind of cell, they
can be inserted into the organ to attach to the biological scaffold. Many of the organs with lots of
blood vessels, like the liver and kidneys, require at least a two-step process86. First, the patient’s
blood vessel cells can be inserted and grown in the blood vessels, and secondly the rest of the
organ can be seeded with their other cells.
Conclusion
In conclusion, the purpose of this paper was threefold. The first purpose was to provide
the reader with some information on organ trafficking. In the paper we established that organ
trafficking represents a problem for both international security as well as human rights.
Organized crime plays a major part in organ trafficking because of its high profit margins and
relatively low risk for being caught. The second was to compare Canadian policies with
international policies in order to identify the strengths and weaknesses of its response to the
problem.
84
Welsh, Jennifer. (2012).The Miraculous Way Scientists Are Growing Organs In Labs. Bussiness
Insider.
85 Welsh, Jennifer. (2012).The Miraculous Way Scientists Are Growing Organs In Labs. Bussiness
Insider.
86 Welsh, Jennifer. (2012).The Miraculous Way Scientists Are Growing Organs In Labs. Bussiness
Insider.
Page 18 of 22
Canada has largely failed to address the issues identified in various United Nations documents
and international law which is why organ trafficking continues to occur on Canadian soil. We
target recipients more than traffickers which does not effectively address the problem. Our
healthcare system has failed to accommodate the needs of patients in need of organ transplants,
causing many to turn to the black market.
The third was to suggest recommendations to improve Canada’s polices. Our major
recommendations were to educate the general public as well as hospital staff how to identify and
prevent organ trafficking as current campaigns fail to specifically address issues of human rights.
We also suggested that Canada address organ trafficking independently from other forms of
human trafficking due to the differing needs of each issue. Organ trafficking will continue to be a
problem as long as Canada fails to adequately address it.
Page 19 of 22
Bibliography
BBC news. (2007, January 8). BBC News. Retrieved from
http://news.bbc.co.uk/2/hi/health/6240307.stm
Canadian Society of Transplantation (2005). Retrieved from
http://www.transplant.ca/pubinfo_orgtiss.htm
Criminal Code, R.S.C. 1985, c.46, s.279. Retrieved from
http://www.lawslois.justice.gc.ca/eng/acts/C-46
Dellinger, Christine. (2012). Harvested organs and body parts from prisoners and orphanages for
sale in China: allegations charge. The Examiner. Retrieved from
http://www.examiner.com/article/harvestedorgans-and-body-parts-from-prisoners-andorphanages-for-sale-china-allegations-charge
Friedman, Amy. (2006). Payment for living organ donation should be legalized. British Medical
Journal. 333:746–8.
Government of Canada. (2012). National action plan to combat human trafficking. Canada: The
Government of Canada.
Griffin A. (2007). Kidneys on Demand. British Medical Journal. 334:502–505
Hippen, B. (2005). In defense of a regulated market in kidneys from living vendors. Journal of
Medicine and Philosophy, 30(6), 593-626. doi: 10.1080/03605310500421397
Immigration and Refugee Protection Act, SC 2001, c 27, s.118. Retrieved from
http://www. laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html
Page 20 of 22
International Court of Justice. (2012). Belgium v. Senegal (Summary of Judgement). Retrieved
from http://www.icj-cij.org/docket/files/144/17086.pdf
Johnson, C. (2009, October). council of europe / united nations: Organ trafficking treaty
proposed. Library of Congress. Retrieved from
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401623_text
Lindgren, P. (2012, November 19). [Web log message]. Retrieved from http://recycle-merecycleme.blogspot.ca/
Major, Rupert. (2008). Paying kidney donors: time to follow Iran?. McGill Journal of Medicine,
11(1): 67-69.
Monaco, AP. (2006). Reward for organ donation: the time has come. Harvard Medical Journal.
69(6):955-7.
O’Neil, Lauren. (2012). Lab-grown human organs closer than ever, according to scientists. CBC
News. Retrieved from http://www.cbc.ca/news/
Shaw, M. (2008). International law. (6th ed.). Cambridge: Cambridge University Press.
The American Society of Nephrology. (2008). The declaration of istanbul on organ trafficking
and transplant tourism. The American Society of Nephrology, 3(5), 1227-1231. Retrieved from
http://cjasn.asnjournals.org/content/3/5/1227.full
The Declaration of Istanbul on Organ Trafficking and Transplant Tourism. (2012, November
25). The declaration of istanbul on organ trafficking and transplant tourism. Retrieved from
http://www.declarationofistanbul.org/
Page 21 of 22
The Government of Ontario. , & Trillium Gift of Life Network (2012, November 25). Recycle
me. Retrieved from http://www.recycleme.org/
United Nations (2002). An Additional Protocol to the European Convention on Human Rights
and Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin. European
Union. Retrieved from http://conventions.coe.int/Treaty/en/Treaties/Html/186.html
United Nations (1991). Guiding principles on human organ transplantation. World Health
Organization. Retrieved from
http://www.who.int/ethics/topicstransplantation_guiding_principles/en/index1.html
United Nations (2000).Optional Protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography. United Nations General Assembly.
Retrieved from http://www2.ohchr.org/english/law/crc-sale.html
United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United Nations Convention against
Transnational Organized Crime. UN General Assembly. Retrieved from
http://www.unhcr.org/refworld/docid/4720706c0.html
United Nations (2012). “Trafficking for Organ Trade”, Global Initiative to Fight Human
Trafficking. Retrieved from http://www.ungift.org/knowledgehub/en/about/trafficking-fororgan-trade.html
Welsh, Jennifer. (2012).The Miraculous Way Scientists Are Growing Organs In Labs. Bussiness
Inside. Retrieved from http://www.businessinsider.com/how-organs-are-grown-in-the-lab-2012-8
Page 22 of 22
Wrzesnewskyj, B (2008). Private Memebers, Bill C-500, Act to Amend the Criminal Code
(Trafficking and Transplanting Human Organs and Other Body Parts), 39th Parliament, 2nd
Session. Retrieved from
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=3245
219
Yea, S. (2010). Trafficking in part(s): The commercial kidney market in a manila slum,
Philippines.Global Social Policy, 10(3), 358-376. doi: 10.1177/1468018110379989