In this context, the Committee of Ministers emphasises in particular the need to respect the fundamental legal principle that the human body and its parts shall not, as such, give rise to financial gain. Enshrined in the Convention on Human Rights and Biomedicine (ETS No. 164) opened for signature in 1997 (Article 21), this principle was reaffirmed in 2002 in its Additional Protocol concerning Transplantation of Organs and Tissues of Human Origin (ETS No. 186). It was also included in Article 3 of the Charter of Fundamental Rights of the European Union and by the World Health Organisation in its Guiding Principles on Human Cell, Tissue and Organ Transplantation.

Human organs must not, therefore, be bought or sold or give rise to financial gain or comparable advantages for the person from whom they have been removed or for a third party.

The Committee of Ministers reiterates the fundamental importance of that established principle for the protection of human dignity, which must be strictly respected in any regulation and procedures concerning the transplantation of human organs. It strongly supports any measure for reinforcement and better implementation of the principle at both national and international levels with a view to contributing to the setting up and functioning of appropriate transplantation systems, respecting the fundamental principles for the protection of human rights.

The Committee of Ministers has taken and will continue to take initiatives to strengthen the international legal framework on organ transplantation. It also supports such initiatives by other international and professional organisations.