Criminalization of Trafficking in Human Organs according to the 2014 Council of Europe Convention

The article explores the phenomenon of trafficking in human organs by detecting its sociocriminological features, the national and international rules aimed at repressing it, and its peculiarities with respect to human trafficking for the purpose of organ removal. After identifying the subjects involved in this crime and the human rights at stake, the article examines the substantive criminal provisions of the 2014 COE Convention against trafficking in human organs, and especially those outlining the acts to be established as criminal offences of “trafficking in human organs” by the States parties. Particular attention is devoted to the advisability of using criminal instruments against organ donors and recipients, due to their poverty and health conditions that make them vulnerable and exploitable by intermediaries promoting demand and supply of organs for lucrative purposes. Furthermore, the adequacy of the jurisdiction criteria provided for by the Convention is analyzed in relation to the need to repress the connected phenomenon of “transplant tourism”. In conclusion, the author proposes the introduction of an EU Directive establishing minimum rules concerning the definition of trafficking in human organs and the applicable sanctions, according to Art. 83 TFEU.