The Importance of Informed Consent to Overcome Force, Fraud, or Coercion in the Trafficking of Persons for Organ Harvesting

The trafficking in persons for organ harvesting is a severe form of human trafficking occurring worldwide. In some countries, commercial organ harvesting is unrecognized as a criminal offense, and in a few countries, the means element of force, fraud, or coercion as established under international law is absent in domestic anti-human trafficking legislation. These shortcomings present significant obstacles for holding commercial organ brokers and corrupt medical facilities accountable for human rights violations against vulnerable people who give up their organs for little (and sometimes no) financial gain and a lifetime of physical and emotional health issues. This Comment advocates for implementing best practices mechanisms at the clinical stage to counter deficiencies in law and enforcement and for establishing informed consent and determining whether an individual is an altruistic organ donor or a victim of the illicit and pernicious commercial organ trade.