Council of Europe Convention against Trafficking in Human Organs (CETS No.216)

Open for signature by the member States of the Council of Europe, the European Union and the non-member States which enjoy observer status with the Council of Europe, in Santiago de Compostela on 25 March 2015.

Entry into force: 5 ratifications including 3 member States.

Summary of the treaty

The Convention calls on governments to establish as a criminal offence the illegal removal of human organs from living or deceased donors:

– where the removal is performed without the free, informed and specific consent of the living or deceased donor, or, in the case of the deceased donor, without the removal being authorised under its domestic law;
– where, in exchange for the removal of organs, the living donor, or a third party, receives a financial gain or comparable advantage;
– where in exchange for the removal of organs from a deceased donor, a third party receives a financial gain or comparable advantage.

The Convention also provides protection measures and compensation for victims as well as prevention measures to ensure transparency and equitable access to transplantation services.

Formerly known as the 'European Treaty Series'.

Council of Europe: Council of Europe Convention against trafficking in human organs and explanatory report (CoE Publishing, 2016 ISBN 978-92-871-8156-5) https://book.coe.int/eur/en/council-of-europe-treaties-and-explanatory-reports/6894-council-of-europe-convention-against-trafficking-in-human-organs-and-explanatory-report.html

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