ABSTRACT

Organ transplantation abroad is a global business that has contested legalities, since it can or cannot be related to criminal activity (see Siller, Chapter 7, this volume). Some people are trafficked for the purpose of removing their organs to sell for profit. In some cases, people are transferred from their place of residence to another location where one of their organs is removed and transplanted into another person. This chapter aims to clarify organ trafficking contextual complexities. In doing so, it starts with two cautionary notes, discussing first the confusing and loaded terminology used in the trafficking in human beings for the purpose of organ removal (THBOR) literature and second, critically analyzing the little evidence available. The chapter then examines the actions and actors involved in the process of THBOR, critically reflecting on why some people sell and why others buy human body parts. The role of brokers and whether coercion, deception and informed consent are present is then discussed. The final section explores how all these concepts are related to exploitation in the specific contextual circumstances of THBOR.

Learning Objectives

At the end of the chapter, readers will be able to:

Correctly apply key terms and concepts used in THBOR;

Understand the importance of the organ market debates and challenges to evidence-based policies in THBOR;

Identify some of the challenges of international and national legislation when approaching actions, means and purpose in THBOR;

Understand why and in what circumstances some people sell and some people buy human organs; and

Understand the role of a network of facilitators that support THBOR.