Human trafficking in Spain: A quantitative case-law analysis

Paisal, Marc Salat

doi:10.1016/j.ijlcj.2022.100561

Cited by 3 publications

(1 citation statement)

References 18 publications

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“…Organ transplantation on corpses is already regulated by law in Indonesia, both at the constitutional level and through the execution of rules such as the Ministry of Health Regulation (Greiner-Weinstein & Bacidore, 2023;Salat, 2022). But when it comes to the use of organ transplantation from unidentified corpses, the current legal regulations are thought to be ambiguous and narrowly focused, particularly when it comes to the period spent searching for an identity, settling conflicts, and the criminal provisions about the use and commercialisation of organ transplantation from identified corpses (Gaitis, 2023).…”

Section: Introductionmentioning

confidence: 99%

The Law On Human Trafficking For The Purpose Of Illegal Organ Trade

Sinaga

2023

IJSSR

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The merits and drawbacks of organ sales are vigorously debated in Indonesia. Nevertheless, some argue that the trade in human organs should be prohibited, a stance supported by Indonesian law. Both organ recipients and donors bear significant responsibility in organ trade, as financial gain serves as the primary motive for organ brokers and medical professionals alike. This research aims to conduct a Legal Analysis of Human Trafficking for the Purpose of Organ Illegal Trade. The methodology employed is a literature review through online searches on various journal platforms such as Google Scholar, Science Direct, and the Garuda Portal, focusing on national and international scientific journal articles. The search, limited to the last four years (2019-2023), employed subject-specific terms like "human organ trafficking," "person trafficking," or "positive law." The search excluded articles containing only conceptual discussions. The findings reveal that the buying and selling of organs are ethically reprehensible and illegal in the healthcare industry, as outlined in Health Law Number 36 of 2009. Although ethical kidney transplants using organs obtained through sales are impossible, specific considerations should be noted. The purchase and sale of human organs and/or biological tissue constitute a specialized crime, with Article 192 of Law Number 36 of 2009 specifying criminal punishments. Those found deliberately engaging in organ or body tissue trade, as defined in Article 64 paragraph (3), may face a maximum sentence of 10 years in prison and a fine of IDR 1,000,000,000 (one billion rupiah).

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Section: Introductionmentioning

confidence: 99%

The Law On Human Trafficking For The Purpose Of Illegal Organ Trade

Sinaga

2023

IJSSR

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Government strategies for the prevention of human trafficking for sexual and labor exploitation in the Amazonas region

Chavez Santos,

Reina Marín,

Sánchez Bardales

et al. 2024

Cogent Social Sciences

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Criminal Legal Regulation of Trafficking in Human Bodies: Spanish and Brazilian Experience

Shestak,

Tsyplakova

2024

BRICS law journal

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Organ trafficking, a very profitable worldwide illegal activity today, is frequently overlooked by those involved in combating human trafficking due to its complex and covert nature. Numerous international documents underscore the importance of countering trafficking in human organs and transplant tourism. This article analyzes the legal frameworks of Spain and Brazil, with a particular focus on their compliance with international and supranational standards aimed at combating, inter alia, the illegal circulation of organs and other phenomena associated with it. Firstly, the article distinguishes such phenomena as transplant commercialism, transplant tourism and illegal trafficking in organs and draws attention to the fact that currently there is no uniform understanding of the clear boundaries of the concept of illegal trafficking in organs. Elaborating on the various aspects of the above-mentioned types of criminal activity may allow one to properly determine the legal interests and rights protected by criminal law and the types of behavior subject to imputation in an exhaustive way. Secondly, the authors outline a number of controversial issues that arise due to the complex nature of organ trafficking and suggest several ways to meet these challenges.

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Human trafficking in Spain: A quantitative case-law analysis

Cited by 3 publications

References 18 publications

The Law On Human Trafficking For The Purpose Of Illegal Organ Trade

The Law On Human Trafficking For The Purpose Of Illegal Organ Trade

Government strategies for the prevention of human trafficking for sexual and labor exploitation in the Amazonas region

Criminal Legal Regulation of Trafficking in Human Bodies: Spanish and Brazilian Experience

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