Transplant Tourism: The Ethics and Regulation of International Markets for Organs

Author:

Cohen I. Glenn

Abstract

“Medical Tourism” is the travel of residents of one country to another country for treatment. In this article I focus on travel abroad to purchase organs for transplant, what I will call “Transplant Tourism.” With the exception of Iran, organ sale is illegal across the globe, but many destination countries have thriving black markets, either due to their willful failure to police the practice or more good faith lack of resources to detect it. I focus on the sale of kidneys, the most common subject of transplant tourism, though much of what I say could be applied to other organs as well. Part I briefly reviews some data on sellers, recipients, and brokers. Part II discusses the bioethical issues posed by the trade, and Part III focuses on potential regulation to deal with these issues.

Publisher

Cambridge University Press (CUP)

Subject

Health Policy,General Medicine,Issues, ethics and legal aspects

Reference98 articles.

1. 44. See Wertheimer, , supra note 29, at 71.

2. Perioperative Mortality and Long-term Survival Following Live Kidney Donation

3. 48. Id., at 144.

4. 83. Francis and Francis have argued that the International Criminal Court or a specialized international tribunal should be given jurisdiction to pursue organ trafficking specifically. See Francis, and Francis, , supra note 69, at 291. They reach this suggestion because they conclude that “domestic legal regimes have proved ineffective and there is little reason to believe enforcement is likely to improve,” and because “the presence of a credible international enforcement regime could prove both a spur and a complement to the strengthening of domestic enforcement regimes.” Id., at 292. However, as they admit, this would require a significant expansion of the existing scope of international criminal liability and cannot fit within the definitions of genocide and crimes against humanity set forth in the Statute of Rome. Id., at 292–293. I think that international criminal liability is worth considering, but I am both more skeptical that it is politically feasible in the middle term future than the Francises, and less skeptical of the possibility for effective home country enforcement mechanisms of the kind I set out below.

5. “Three Models of Health Insurance: The Conceptual Pluralism of the Patient Protection and Affordable Care Act,”;Hoffman;University of Pennsylvania Law Review,2012

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