Handel ludźmi w celu usunięcia narządów w ujęciu prawnomiędzynarodowym

Abstract

The article concerns the issue of trafficking in persons for the purpose of organ removal in international law. Trafficking in persons is a serious crime and a gross violation of human rights, which affects nearly every country in the world. The most common examples of this heinous offence are trafficking for sexual exploitation and forced labour. Although the definition of trafficking in persons, as set forth in the Palermo Protocol, includes exploitation for the purpose of organ removal, there is still little knowledge of what the phenomenon entails. A distinction should be made between trafficking in human beings for the purpose of organ removal and organ trafficking. Although these phenomena share the same root causes – organ shortage, the differentiation between them is essential in order to provide an effective criminal justice response and to better protect victims. Considering those issues, it is also worth to analysing international standards concerning organ transplantation, emerging both on the regional and global level.