Human Organ Trafficking, Agrave Violation of Human Rights Law

Abstract

The human body is like a temple and no one is allowed to violate, exploit or commercialize it through illegal practice such as human organ trafficking, Society must recognize that the buying and selling of human organs as a commodity is not only a violation of human dignity and bodily sanctity but also a serious violation of fundamental human rights. Human organ trafficking is a major violation of people's rights to personal freedom and dignity, which leads to a negative correlation between institutional flaws, poverty, complicit medicine, and well-organized criminality. A cross-border criminal network that turns the weakest people into biological commodities to be gathered, bought, and trafficked has grown easier due to the exchange value of human body parts and the ongoing disparities between the supply and demand of transplantable organs worldwide. This essay's goal is to provide a thorough legal analysis of human organ trafficking from both a Pakistani and international legal standpoint. The following paper will focus on the necessity of having such legislation, the problems associated with its implementation, ethical issues connected with the sphere of medicine and the necessity of reforms. The legal framework for safeguarding against abuse of organs and organ trafficking consists of the Palermo Protocol, the Council of Europe Convention against Trafficking in Human Organs, and the WHO guidelines. However, there are problems in its implementation. There are still issues with implementation and enforcement. The Transplantation of Human Organs and Tissues Act (THOTA) 2010 and the Prevention of Trafficking in Persons Act (PTPA) 2018 of Pakistan are thoroughly studied in this article, which exposes fundamental weaknesses in institutional enforcement, oversight procedures, and sanctions. Its effectiveness is limited by the continued existence of illegal organ markets, ineffective enforcement, and insufficient sanctions.