International legal regulation of countering illegal trade in human organs
Abstract
Illegal trade in human organs is one of the most serious transnational crimes that grossly violates fundamental human rights and human dignity. Contemporary practice shows a rapid increase in this phenomenon, which often intersects with human trafficking, exploits vulnerable population groups, and is supported by international criminal networks. Particular concern is raised by the insufficient effectiveness of existing counteraction mechanisms and the accountability of perpetrators. The article examines the key international legal instruments aimed at combating illegal trade in human organs, including the WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation, the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, the Council of Europe Convention against Trafficking in Human Organs (CETS No. 216), UN Commission on Crime Prevention and Criminal Justice Resolution 25/1, as well as practical recommendations of UNODC. The effectiveness of these instruments, their strengths and weaknesses, and the problems of their implementation at the national level are analyzed. Special attention is paid to the fragmentation of international legal regulation, the insufficient universality of binding norms, weak monitoring mechanisms, and limited possibilities for holding perpetrators accountable for organ trafficking. A separate part of the article is devoted to the analysis of global initiatives of leading international organizations (WHO, UN, Council of Europe, European Parliament) and the assessment of their contribution to the formation of a modern system to combat illegal trade in human organs. The study also addresses practical challenges related to persistent demand for organs, socio-economic inequality, and the transnational nature of the crime. The conclusions of the article indicate the need for further improvement of international legal regulation, universalization of key conventions, strengthening of international cooperation, and harmonization of national legislation in order to create an effective global system to counter illegal trade in human organs.
Fields of Study & Subjects
Digital Transformation in Law
Organ Donation and Transplantation
Legal Studies and Reforms
Publication details
- Journal / source
- Uzhhorod National University Herald Series Law
- Publisher
- Uzhhorod National University
- Volume
- 4
- Issue
- 94
- Pages
- 157–162
- Publication date
- 14 June 2026
- Language
- UK