Organ transplantation is an effective therapy for end-stage organ failure and is widely used around the world.
According to WHO, kidney transplants are carried out in 91 countries. Around 66 000 kidney transplants, 21000 liver transplants and 6000 heart transplants were performed globally in 2005.
The access of patients to organ transplantation varies to the national situations, and is determined by the cost of healthcare, the level of technology advance and the availability of organs.
The shortage of organs is a universal problem. In some countries, the development of a deceased organ donation program is hampered by sociocultural, legal and other factors. In this paper, organ transplantation will be discussed with the main emphasis on the legal issues behind this globally developing activity of “transplant tourism.”
The shortage of organs has led to the development of the international organ trade, where potential recipients travel abroad to obtain organs through commercial transactions. The problem is a global issue.
The international organ trade has been recognized as a significant health policy issue in the international community. A World Health Assembly resolution adopted in 2004, urges Member States to “take measures to protect the poorest and vulnerable groups from ‘transplant toursm’ and the sale of tissues and organs.”
Forms of international organ trade
The most common way to trade organs across national borders is through recipients who travel abroad to undergo organ transplantation, which is also known as transplant tourism.
Transplant tourism is the trading of sales of organs with other elements relating to the commercialization of organ transplantation.
The international movement of potential recipients if often arranged by intermediaris and health care providers who arrange the travel and recruit donors.
The area that requires the most attention is the illegal forms of organ transplantation where live donors have reportedly