The first successful non-regenerative organ transplantation took place in 1954 when Dr. Joseph E. Murray transplanted a kidney from Ronald Herrick to Mr. Herrick’s identical twin Richard, who had been diagnosed with end-stage kidney failure. That time the initial ethical dilemma was whether a healthy donor can be operated in order to save the life of the sick brother. That time it was a miracle that without the use of immunosuppressive drugs, Richard survived with his transplanted kidney for more than eight years. Since then transplantation has become a gradually developing technology. The type and number of transplantable organs have increased, especially since the last decade of the 20th century. By the twenty first century in developed countries the number of available organs, infrastructural, and budgetary means could not keep pace with the increased technological capacity for transplantation. National waiting lists have become full and long, and the number of people who died while waiting in the line has also increased. The other important element that created tension between developed and less developed countries is the globalization, Europeanization and mobilization. Patients no longer feel bound to the capacity of one health care sector. It is easier to travel and it is no longer regarded as an exceptional luxury to seek health care beyond the national frontiers. At the EU level, the European Commission has urged of addressing ethical and legal issues concerning organ transplantation. One of the most important legal instruments was adopted in 2010, the Directive 2010/45/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation. During this short term project in our work package we attempted to map and to analyze laws, practices, cases, problems with regard the violation of organ transplantation laws. From the minor violation of selecting donor for the recipient to major and severe forms of violation of human rights, such as organ trafficking cases were collected and analyzed. In our small group of this half of the work package we also examined selected laws and practices in order to de-velop some recommendation which may serve for legislation, ethics committees and further research. Our principle methods to this study were legal methods of analysis which were ac-companied with policy analysis, field work, interviews and finally recommendations. We presented our ideas in several conferences, at the workshops of the EULOD Project held in Rot-terdam, Sofia, Munich and in Berlin. We are grateful for the comments that helped us to re-fine methods and arguments.
This report is written by researchers working under the Coordination Action on ‘Living Organ Donation in Europe’ (EULOD), funded under the Seventh Framework Programme (FP7) of the European Commission. The first section of this report explores the existing international legal framework to fight against organ trade and trafficking, discussing legal concepts and definitions. The second part analyzes the adopted legislative measures in some selected European countries: Hungary, Moldova, the Netherlands, Romania, and Serbia. The third section presents case studies on illegal organ trade and trafficking. The fourth and final part presents recommendations to improve the effectiveness of efforts to halt organ trade and trafficking.
Read more and obtain your PDF: http://fulltextreports.com/2012/04/16/improving-the-effectiveness-of-the-organ-trade-prohibition-in-europe/
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