Oral Presentation Australasian Association of Bioethics & Health Law and New Zealand Bioethics Conference

International standards and remedies for organ transplant abuse (1030)

David Matas 1
  1. International Coalition to End Transplant Abuse in China, WINNIPEG, MANITOBA, Canada

The paper would address the standards and remedies specific to organ transplant abuse, with China and prisoner of conscience victims as a case study. 


The standards canvassed would be 

1) the UN Protocol against Trafficking in Persons,

2) the Council of Europe Convention against Trafficking in Human Organs,

3)  the OECD Guidelines for Multinational Enterprises

4)  the Genocide Convention,

5) the Statute of the International Criminal Court, and

6) the UN Convention against Torture.


The remedies canvassed would be

1) the UN Human Rights Council

          a) agenda item 4 (human rights situations that require the Council's attention)

           b) Universal Periodic Review, and

           c) specialized mechanisms,

2) the meeting of states parties to the relevant UN Protocol,

3) the implementation mechanisms of the relevant Council of Europe Convention,

4) an advisory opinion from the International Court of Justice,

5) a referral to the International Criminal Court,

6) a petition to the International Court of Justice,

7)  state based

         a) exercise of universal jurisdiction

         b) Magnitsky type legislation

         c) immigration bans and

         d) mandatory reporting of transplant tourism,

8) cases presented to the OECD National Contact Points for Responsible Business Conduct,

9) the reporting to the UN Committee against Torture, and

10) institutionally based investigations into organ transplant abuse.


The presentation would assess the advantages and disadvantages of each remedy.  The conclusion would be that there exists a range of options which those promoting respect for global bioethics and health law could engage to address international and cross border organ transplant abuse.