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Human Trafficking and Organ Trade: Legal Gaps and Ethical Dilemmas in Transplant Tourism

  • Unique Paper ID: 181836
  • Volume: 12
  • Issue: 2
  • PageNo: 9-18
  • Abstract:
  • This research paper aims to provide insight into the increasing linkage between human trafficking and the illegal transplantation organ business, specifically through the mechanism of transplant tourism. It examines the legal and ethical issues posed by poor people — usually. From the Global South, organs are sold to provide many desiredtransplant options to individuals in wealthier countries, locally and abroad. In particular, the study performs a doctrinal and comparative analysis of major international instruments such as the Palermo Protocol, WHO Guidelines, and the Declaration of Istanbul, vis-à–vis India's “Transplantation of Human Organs and Tissues Act, 1994” (THOTA). The paper unveils major shortcomings in enforceability, consent verification, victim protection, and cross-border transplants by examining landmark Indian and international case laws. Human rights and bioethical frameworks are used to evaluate ethical dilemmas regarding the commodification of the human body and the spectre of informed consent amid economic coercion and desperation. It further reviews global models— like Iran's regulated market, the opt-out system in Spainand legal deterrents in Israel — to identify best practices. In light of this analysis, the paperrecommends several legal and policy changes to fortify India's transplant governance, international collaboration, and cadaveric donations. In conclusion, it emphasises the importance of a transparent and victim-centred legalresponse to organ trafficking and abetting and a need for a legal approach with a strong ethical basis that considers the dignity and the human rights of all persons, both those receiving and donating transplants.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 12
  • Issue: 2
  • PageNo: 9-18

Human Trafficking and Organ Trade: Legal Gaps and Ethical Dilemmas in Transplant Tourism

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Journal no 47859

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