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Speech: Responsible Engagement With China (5)- “Non consenting parties”

Posted by Author on January 26, 2010

Hon. David Kilgour, J.D., German-American Institute, Heidelberg, Germany, 11 January 2010 – (cont’d)

<< prvious

Sourcing of organs from prisoners is done without their consent. Deputy Health Minister Huang Jiefu in Guangzhou in November 2006 said in a speech, “too often organs come from non consenting parties”. At the time of the announcement of an organ donor pilot project, Huang indicated that executed prisoners “are definitely not a proper source for organ transplants”. This principle, that prisoners are not an acceptable source for organs, is followed by the Transplantation Society and the World Medical Association. So what is the rule of law world going to do about the party-state’s abuse of global transplant ethics? Our report and book have a long list of recommendations, but, given the shortness of time, I’ll mention here only two.

One is extraterritorial legislation. The 2007 policy giving priority to Chinese patients has cut down on transplant tourism to China, but such legislation would be a useful statement of universal principle. The sorts of transplants in which the Chinese medical system engages are illegal everywhere else in the world. But it is not illegal for a foreigner from any country to go to China, obtain a transplant which would be illegal at home, and then return home. Foreign transplant legislation everywhere is territorial; it has no extraterritorial reach. Many other laws are global in their sweep. For instance, child sex tourists can be prosecuted not just in the country where they abuse children, but often at home as well. This sort of legislative sanction does not exist for transplant tourists who pay for organ transplants without bothering to determine whether the organ donor has consented.

A second recommendation is that any person known to be involved in trafficking in the organs of prisoners in China should be barred entry by all foreign countries. (to be cont’d)

-From David Kilgour website: http://www.david-kilgour.com/

One Response to “Speech: Responsible Engagement With China (5)- “Non consenting parties””

  1. Egg Donors said

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