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Legalize Organ Trade

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The current law All of these recommendations suggest that there are various other measures which host and source countries can introduce without invoking the law or prohibiting such practices. However, many do argue that criminalizing the organ trade is the best method to avoid exploitation and protect the vulnerable individuals involved. The current approach in all countries, other than Iran, is to legalise the sale of organs. This, is the particular route that the EU continues to take. The debate supporting the justification of such prohibitions is vast. In the final section of this essay the arguments on both sides will be evaluated. Before considering Europe, the scale should be considered much wider than that. However, there is …show more content…

It is clear that if legislation in this area has been developing since 1978, the fact that there is still a problem with exploitation shows that prohibition in is current form is not sufficient. There is evidence in various areas of the law that demonstrate prohibiting a conduct, does not stop expoliation, it instead drives the market underground which allows for less regulation and more exploitation, a well known example is the American prohibition in 1920. However in face of little alternatives, the majority of countries are relying on the symbolic nature of the criminal law to act as a further deterrent to engaging in such …show more content…

The expoliation is not only faced by the seller but also in some cases by the buyer. In both instances it tends to be the desperation of the situation that causes both to turn to the international organ trade. Therefore, to tackle transplant tourism effectively a worldwide uniform approach should be facilitated. According to Shimazono,this consensus and policy harmonisation could be achieved effectively. Before considering prohibition, the issues that facilitate the organ trade should be addressed first, this could be aided by establishing ways for researchers, policy makers and regulatory bodies from all countries to gather and share information. The next recommendation would be for source and host countries to deal with the original issues which are causing the desperation which is making these individuals vulnerable. After these aims are achieved, it is then vital to assess which approach is best suited to limit exploitation: prohibiting such conduct or regulating such conduct. In my opinion, in the interests of fairly balancing protection for vulnerable citizens and state paternalism which causes the restriction of liberty, a regulatory system would be the best alternative. Although both systems are flawed, there seems insufficient justifications for prohibiting the sale of organs, when the exploitation would not be reduced further than if the system was

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