A bioethics approach to the Convention against trafficking in Human Organs
DOI:
https://doi.org/10.1344/rbd2017.40.19168Keywords:
Convention against trafficking in Human Organs, donation, bioethics, transplant, compensation, commercialization, consentAbstract
The article analyzes the Convention against trafficking with Human Organs from the Council of Europe (2015) from a legal and bioethical perspective. It systematizes and considers the contributions of the Convention: commercialization with the human body as a violation of human rights and the delimitation of organ donations to free and informed consented acts. The Convention is significant for its contribution to the human rights and to the debate of the limits on the use and control over one’s body. But it takes no position on certain highly controversial issues: donation by incompetent people and compensation for donation; giving a broad margin of appreciation to States parties may undermine its potential effectiveness.
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