Spain -world leader in transplants- signs Council of Europe International Convention against Trafficking in Human Organs

The Minister for Justice, Rafael Catalá, described trafficking in human organs as a serious violation of people's fundamental rights and an affront to human dignity. The Spanish minister, who began his speech at the International Conference on Trafficking in Human Organs taking place on Wednesday in Santiago de Compostela with a few words of remembrance and condolence for the victims of Tuesday's plane crash in the Alps, has warned as well about these criminal practices, which he believes pose a serious risk to public and private health.

The international conference, which began with a minute's silence in memory of the victims of the plane crash, will provide a framework for the signing of the Council of Europe Convention against Trafficking in Human Organs - a new instrument that is open to all those countries wishing to sign, which Rafael Catalá described as a milestone in his campaign to eradicate the international trade in human organs.

The Minister for Justice underlined the three objectives set by this international conference: to prevent and combat trafficking in human organs through measures of substantive criminal law; to protect the victims in such a way that they receive appropriate assistance for their recovery; and to facilitate national and international cooperation on preventing and combating this threat.

Besides Rafael Catalá and the Minister for Health, Social Services and Equality, Alfonso Alonso, the opening ceremony was also attended by the Secretary-General of the Council of Europe, Thorbjørn Jagland, the President of the Regional Government of Galicia, Alberto Núñez Feijóo, and the Mayor of Santiago de Compostela, Agustín Hernández. Margaret Chan, Director-General of the World Health Organisation (WHO), spoke via a video message.

A decisive step against trafficking in human organs

The conference began with the signing ceremony for the International Convention against Trafficking in Human Organs promoted by the Council of Europe, which was signed by a total of 14 countries including Spain, the host.

It should be remembered that Spain played a fundamental role in the early and ongoing development of this convention through joint action by the Ministry of Health, Social Services and Equality via the Spanish National Transplant Organisation (Spanish acronym: ONT) and the Ministry of Foreign Affairs and Cooperation.

Besides Spain, the agreement was also signed today by Albania, Austria, Belgium, the Czech Republic, Greece, Italy, Luxembourg, Moldova, Norway, Poland, Portugal, the United Kingdom and Turkey. Any State can sign the treaty, regardless of whether or not they are a member of the Council of Europe.

This convention is the first international treaty to combat this type of criminal activity. It represents a decisive step forward in the fight against trafficking in human organs around the world. It was adopted on 9 July 2014 by the Committee of Ministers of the Council of Europe, which represents all Member States. Its goal is to prevent and combat trafficking in human organs, protect the victims and foster national and international cooperation in this area. Furthermore, it provides an opportunity for concerted action at a global level by harmonising national legislation on the matter.

Specifically, the treaty requires signatory States to define the unlawful extraction of human organs from living or deceased donors and the use thereof for transplantation or other purposes, and other related actions, as an offence. It also contains measures aimed at ensuring transparency in national organ transplantation systems and guaranteeing equal access to organ transplants.

The convention also states that the parties will be required to adopt those legislative and other measures necessary to guarantee access to information, assistance and the right to compensation for the victims.

Transparency in transplantation systems

As regards the prevention of such unlawful activity, each State will need to ensure the existence of a transparent national system for the transplantation of human organs and equal access to organ transplants, as well as for the collection, analysis and exchange of information on the offences included in the convention in cooperation with the relevant authorities.

In Spain, the activities of organ donation and transplantation are regulated by the Spanish legal system. It establishes that any donations made by living or deceased donors must not be subject to any form of recompense. Spanish legislation also establishes the obligatory nature of free, informed and express consent to proceed with the extraction of human organs for transplantation from a living person and the requirements for consent and authorisation to proceed with the extraction of human organs from a deceased person.

Spain, a pioneering country

Spain was a global pioneer when it included trafficking in human organs and transplant tourism in its Criminal Code in 2010. The Spanish Criminal Code, which explicitly refers to trafficking in human organs, establishes penalties of up to 12 years in prison and provides a series of articles aimed at preventing such offences and protecting the victims.

Through the Spanish National Transplant Organisation (Spanish acronym: ONT), Spain has been involved for some time in numerous international initiatives to combat this new form of slavery. Among other things, it was involved in drafting the Istanbul Declaration - a document of global significance in the fight against trafficking in human organs that was promoted and signed by the scientific societies and professional organisations of greatest international standing in the field of transplantation. Spain also promoted the drafting of the so-called WHO Madrid Resolution, through which governments and professionals are called on to make progress towards achieving transplant self-sufficiency as a fundamental strategy to combat the buying and selling of human organs.

At present, the Spanish National Transplant Organisation forms part of the Executive Board of the Declaration of Istanbul Custodial Group, responsible for ensuring due compliance with the recommendations made in said Declaration.

Trafficking in human organs around the world

Trafficking in human organs is a problem of global dimensions that violates fundamental human rights and the right to human dignity, and poses a serious threat to public health. It is often linked to cross-border organised crime, which takes advantage of the vulnerability of donors, and arises within a context of inability by countries to meet the need for organs among its patients.

The World Health Organisation believes that approximately 10,000 transplants are performed on the black market each year around the world.

Profile of the victims

The international conference itself began after the convention was signed and will last until tomorrow, Thursday 26 March. This meeting has gathered over 200 governmental experts, judges, public prosecutors, police officers, healthcare professionals, political leaders and academics to share perspectives and approaches to the fight against trafficking in human organs. Participants will also debate the benefits brought about by the convention and the challenges posed by its application, as well as encourage other States to sign and ratify the document.

Furthermore, the experts will analyse the organ trafficking phenomenon and the offences covered by the convention, the profile of the victims and those responsible for this type of criminal activity, the responsibilities of professionals in the healthcare industry and the measures available to protect victims.