Other international organisations have contributed to the fight against organ trafficking. However, it is noted that some of the legal instruments from other organisations are mainly focused in the traffic in human beings. Despite the similarities and common root causes of trafficking in human organs and human trafficking for the purpose of organ removal, it still remains the case that efforts should be specifically targeted at combating both phenomena.

Council of Europe legal framework

  1. Legally binding instruments
Council of Europe Convention on action against trafficking in human beings - Council of Europe Treaty Series (CETS) No. 197

It addresses the trafficking of human beings, including for the purpose of organ removal.

  • Opened for signature:   16 May 2005
  • Entry into force:             1 February 2008   
Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin - European Treaty Series (ETS) No.186     

This Additional Protocol aims at protecting the human dignity and integrity as well as rights and fundamental freedoms, in the face of scientific and medical advances. It contains general principles and specific provisions regarding the transplantation of organs and tissues of human origin for therapeutic purposes.

The general principles set out in this Additional Protocol include: equitable access to transplantation services for patients, transparent rules for organ allocation, health and safety standards, the prohibition of financial gain by donors, and the need for donors, recipients, health professionals and the public to be properly informed.

The specific provisions cover the removal of organs from living and deceased persons, the use made of the organs and tissues removed, the prohibition of financial gain, confidentiality, and sanctions and compensation.

  • Opened for signature:   24 January 2002             
  • Entry into force:             1 May 2006       
Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (Oviedo Convention) - European Treaty Series (ETS) No. 164          

The Convention is the first legally-binding international text designed to preserve human dignity, rights and freedoms, through a series of principles and prohibitions against the misuse of biological and medical advances. It lays down a series of principles and prohibitions concerning bioethics, medical research, consent, rights to private life and information, organ transplantation, public debate etc.

  • Opened for signature:   4 April 1997      
  • Entry into force:             1 December 1999          
European Agreement on the Exchange of Therapeutic Substances of Human Origin -  European Treaty Series ETS No. 026            

The Agreement aims to ensure mutual assistance between Parties in the supply of therapeutic substances of human origin should the need arise. The expression "therapeutic substances of human origin" refers to human blood and its derivatives.

  • Opened for signature:   15 December 1958        
  • Entry into force:             1 January 1959 (only 3 ratifications)           
Convention for the Protection of Human Rights and Fundamental Freedoms - European Treaty Series ETS No. 005             

The "European Convention on Human Rights" sets forth a number of fundamental rights and freedoms

  • Opened for signature:   4 November 1950      
  • Entry into force:             3 September 1953      

United Nations legal framework

European Union legal framework