Problematic Provisions: Trafficking in Persons for Organ Removal Under Australian Commonwealth Criminal Law

M O'Brien, 'Problematic Provisions: Trafficking in Persons for Organ Removal Under Australian Commonwealth Criminal Law' (2015) 39 (2) Criminal Law Journal 101-113

Posted: 21 Apr 2016

Date Written: April 18, 2015

Abstract

Trafficking in persons for organ removal is a crime and human rights violation that generally has gone undetected. Awareness of the crime is limited due to difficulty in confirming cases because of the challenge of identifying victims. As a consequence of the high demand for organs and insufficient supply thereof, a transnational black market in organs has been cultivated, preying on the desperation of both donors and recipients. The adoption and development of domestic criminal sanctions for such conduct remains in its nascence. This article will discuss challenges with the terminology of "organ trafficking" and introduce the issue of trafficking in persons for organ removal from an international perspective, before outlining the relevant international human rights law. The focus of this article is on Australian criminal law proscribing trafficking in persons for organ removal, analysing the relevant 2013 Australian Commonwealth Criminal Code provisions.

JEL Classification: K00

Suggested Citation

O'Brien, Melanie, Problematic Provisions: Trafficking in Persons for Organ Removal Under Australian Commonwealth Criminal Law (April 18, 2015). M O'Brien, 'Problematic Provisions: Trafficking in Persons for Organ Removal Under Australian Commonwealth Criminal Law' (2015) 39 (2) Criminal Law Journal 101-113 , Available at SSRN: https://ssrn.com/abstract=2766765

Melanie O'Brien (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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