Belgium, currently Chair of the Committee of Ministers of the Council of Europe, actively participated in the negotiations leading to the Council of Europe Convention against Trafficking in Human Organs. Today, on the occasion of the opening for signature in Santiago de Compostella in Spain, our country is one of the first signatories of the Convention. The Convention shall enter into force three months after the date on which five signatories, including at least three member states of the Council of Europe, ratified the Convention.

Open for signature to all States (members and non-members of the Council of Europe), the new Council of Europe Convention is the first binding international treaty specifically on organ trafficking. It is a complement to existing instruments on human trafficking and organ transplantation. Organ transplantation has become widespread and has increased worldwide for the last 50 years. It has become the most commonly used solution to overcome certain organ malfunctions or failures. The success of organ transplants, however, generated a growing gap between the number of organ donors and the number of recipients. Given the shortage of organs, persons that are vulnerable, weakened by illness or because of their social condition, are exploited for the purpose of removal and transplantation of their organs.

An international initiative is therefore necessary to fight against organ trafficking, a serious violation of human rights, particularly of human dignity and personal integrity.

The Convention establishes a series of criminal acts related to organ trafficking that States should mention in their legislation. Each stage of the criminal process is described, but the principal offense of organ trafficking is the removal of an organ without the free and informed consent of the donor, or for money. The recruitment of donors and recipients for profit, the preparation and storage of the illegally removed organ and the transplantation or other use of this organ are all described in the Convention. The Convention has a broad scope regarding the use of the organ: in addition to organ transplantation for therapeutic purposes, also  scientific research is targeted.

Moreover, the Convention encourages states to criminalize the removal or implantation of an organ outside national legislation on removal and transplantation.

The Convention will facilitate judicial cooperation between States, and will lead to a more effective prosecution and punishment of perpetrators and accomplices of organ trafficking. In addition, the Convention contains rules on extraterritorial jurisdiction that allow prosecution of nationals or residents who have committed organ trafficking offenses in another State.

This Convention is also an opportunity to better protect victims and to raise awareness among potential offenders and the general public on the dangers and illegality of organ trafficking.