The phenomenon of human organ trafficking in light of the United Nations sustainable development agenda with special emphasis on cultural offences in Republic of Kosovo

The article concerns the issues related to the illegal trade in human tools in the light of the theoretical structure of sustainable development created by the United Nations (UN). The text consists of several parts. The work aims to show the following research areas: – axiological and legal assumptions of sustainable development in the context of a triple win: social, economic and environmental, – the criminological profile and picture of organized crime in the Republic of Kosovo – trafficking in human organs in the territory of the Republic of Kosovo, – information on traditional customary law (Kanun) in Albanian culture – analysis of the phenomenon of harvesting human organs in Kosovo. The last part of the article presents the economic, social and criminological problems of Kosovo in the context of the Sustainable Development Agenda.The analysis contained in the text proves that the youngest European country (2008) struggles with many problems of a legal, economic and social nature. These problems are not only a consequence of the recent post-Slavic armed conflicts but also result from the specific Albanian legal culture (Kanun rules), which still affects the functioning of this society (especially in the provinces). Therefore, these customs still determine the level of crime in this country, both common and related to the activities of organized crime groups (with particular emphasis on trafficking in human organs). Therefore, it is recommended to successively implement the legal solutions contained in the Agenda for Sustainable Development, to stabilize not only this country but the entire region.

CRIMINAL LAW FUNCTIONALIZATION OF KIDNEY TRAFFICKING FOR TRANSPLANT PURPOSES

Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective.

Transplant Tourism: New Zealand Residents Deciding on Commercial Transplantation Overseas

<p>The demand for organs exceeds supply in almost every country, including New Zealand. As such, scholars have argued that this has contributed to a rise in illegal kidney purchase and commercial transplantation. Taking into account the likelihood that patients in New Zealand have been involved, this research considers the factors that motivate these patients to circumvent the transplant opportunities here in favour of a commercial transplant overseas. In addition, this project examines the ethical concerns that arise for medical professionals who suspect or become aware of a patient’s intention to procure an organ outside of New Zealand. Interviews were conducted with eight medical professionals working in the field of kidney donation and transplantation, two key informants (stakeholder and academic), and two patients. The patients have previously undergone a kidney transplant in New Zealand and have both — to varying degrees — considered transplant tourism. Using narrative thematic analysis, the data was organised into three predominant themes; The Desire for Health, Transplant Tourism: An Uncommon Phenomenon, and The Healthcare Response. Numerous insights were generated from this analysis. While transplant tourism is considered by many patients in New Zealand, it is pursued infrequently and arguably only by those with connections to common destination countries. When such instances occur, medical professionals in New Zealand encounter a variety of ethical, legal, and professional dilemmas that affect their ability to prevent transplantrelated crimes. This research concludes that patients (regardless of whether or not they pursue transplant tourism) experience feelings of frustration and hopelessness as a result of their illness experiences along with the current healthcare infrastructures. Assisting patients in setting realistic expectations of their treatment options, as well as increasing the transparency of the deceased donor waiting list is recommended. Moreover, it is suggested that transplant professionals at all levels are offered education about organ trafficking and transplant tourism, and a policy statement on organ trafficking and transplant tourism should be developed to clarify the rights and obligations of medical professionals in relation to organ purchase and offer guidance on how they can interact with patients who travel or plan to travel abroad for a transplant.</p>

Transplant Tourism: New Zealand Residents Deciding on Commercial Transplantation Overseas

<p>The demand for organs exceeds supply in almost every country, including New Zealand. As such, scholars have argued that this has contributed to a rise in illegal kidney purchase and commercial transplantation. Taking into account the likelihood that patients in New Zealand have been involved, this research considers the factors that motivate these patients to circumvent the transplant opportunities here in favour of a commercial transplant overseas. In addition, this project examines the ethical concerns that arise for medical professionals who suspect or become aware of a patient’s intention to procure an organ outside of New Zealand. Interviews were conducted with eight medical professionals working in the field of kidney donation and transplantation, two key informants (stakeholder and academic), and two patients. The patients have previously undergone a kidney transplant in New Zealand and have both — to varying degrees — considered transplant tourism. Using narrative thematic analysis, the data was organised into three predominant themes; The Desire for Health, Transplant Tourism: An Uncommon Phenomenon, and The Healthcare Response. Numerous insights were generated from this analysis. While transplant tourism is considered by many patients in New Zealand, it is pursued infrequently and arguably only by those with connections to common destination countries. When such instances occur, medical professionals in New Zealand encounter a variety of ethical, legal, and professional dilemmas that affect their ability to prevent transplantrelated crimes. This research concludes that patients (regardless of whether or not they pursue transplant tourism) experience feelings of frustration and hopelessness as a result of their illness experiences along with the current healthcare infrastructures. Assisting patients in setting realistic expectations of their treatment options, as well as increasing the transparency of the deceased donor waiting list is recommended. Moreover, it is suggested that transplant professionals at all levels are offered education about organ trafficking and transplant tourism, and a policy statement on organ trafficking and transplant tourism should be developed to clarify the rights and obligations of medical professionals in relation to organ purchase and offer guidance on how they can interact with patients who travel or plan to travel abroad for a transplant.</p>

Reducing organ trafficking: New Zealand's international and domestic responsibilities

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>

Reducing organ trafficking: New Zealand's international and domestic responsibilities

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>

Combating Child Trafficking Internationally and Nationally: Saudi Arabia as a Model: مكافحة الاتجار بالأطفال دولياً ووطنياً - المملكة العربية السعودية نموذجاً

Human trafficking, especially child trafficking, due to its serious violations of human rights and fundamental freedoms in particular and its negative effects on the stability and cohesion of society in general, has recently engaged international attention. The number of persons affected by various forms of child trafficking, such as economic and sexual exploitation, forced recruitment, organ trafficking and so on, is constantly increasing worldwide. Therefore, this problem, owing to the misuse of modern technologies and techniques by organized crime groups for the exploitation of and trafficking in children, must be highlighted and given due attention at the national and international levels.

Organ Donation in Turkey: The Knowledge, Approaches and Opinions of Family Physicians

Background: Considering the gap between organ donors and receivers, it can be assumed that family physicians may play an important role in organ donation. Thus, we aimed to investigate the family physicians’ approaches to organ donation in Turkey. Methods: In this cross-sectional study, an online survey was sent to all family physicians working in Family Health Centers in Turkey Between Jul – Sep 2018. The survey questioned the knowledge, approaches, and opinions about organ donation issues, besides the socio-demographic characteristics. Results: Most physicians stated that they had given information to their patients on this subject at least occasionally (59.19%, n=998). Among participants, the most common reason for refusing consent for organ donation was the fear of commercial abuse (19.66%, n=244). Most participants (52.61%, n=887) stated that they had been positively affected by the media about organ donation. Some physicians were uncertain about the reliability of the brain death diagnosis (18.39%, n=310). A minor group stated that organ donation might be religiously inappropriate (10.50%, n=177). Conclusion: Although most of the family physicians had a positive manner about organ donation, there was still some wrong knowledge of the participants about legal and medical aspects of organ donation, as well as some other concerns like organ trafficking and reliability of brain death diagnoses, whereas religious concerns were not significant.

Understanding the challenges to investigating and prosecuting organ trafficking: a comparative analysis of two cases

The human organ trade is proliferating globally. However, far fewer cases have been prosecuted than would be expected based on estimates of the crime. Research exploring the challenges to investigating and prosecuting organ trafficking cases is practically non-existent. Also no studies exist that explain these challenges utilizing a criminal justice framework. This article aims to explain the legal, institutional and environmental factors that affected the investigation and prosecution of two organ trafficking cases: the Netcare case, exposed in South Africa and the Medicus case, exposed in Kosovo. It analyzes these factors through a comparative, mixed-method design, utilizing a theoretical criminal justice framework. Both cases constituted globally operating criminal networks involving brokers and transplant professionals that colluded in organizing illegal transplants. Both cases contained human trafficking elements, however only the Medicus case was prosecuted as a human trafficking case. Legal uncertainty, a lack of institutional readiness and cross-border collaboration issues hampered investigation and prosecution of the Netcare case. The Medicus case also reported problems during cross-border collaboration, as well as a corrupt environment and institutional barriers, which impeded a successful case outcome. Recommendations to improve enforcement of organ trafficking include improving identification of suspicious transplant activity, strengthening cross-border collaboration and enhancing whistleblower protection laws.