A reinterpretation of the concept of contemporary alavery in the case of organ trafficking

Abstract

The Human Trafficking term (Trafficking) was internationally defined by the Palermo Protocol in the year 2000 and, despite to present an open definition,
due to the subjective elements of the crime, is configured from three constituent elements: action (objective), a (subjective) means and purpose (operating). One of the modalities relatively unknown is a Human Trafficking for pourpose of trade with organs and tissues, as it is often obfuscated between myth and urban legend. It is also understood that trafficking is a modern form of slavery, a crime against humanity, that is to ward off a person (usually vulnerable) the origin of their environment (often in a situation of socio-economic exclusion) in order to exploit it in another destination. Faced the above, the objective of this paper is to present the concept of slavery, his contemporary update and expanded interpretation of the European Court of Human Rights (ECHR) on trafficking as a contemporary form of slavery. Since then, the possibility that the trade in organs also can be considered a form of slavery arises. Therefore, the critical-theoretical reflection is sought, taking into account the legal instruments in support of the concepts discussed. The construction of this analysis has been developed under the premise that to enslave a person, it is not necessary to perform a forced activity; Thus, it is not necessary to be alive and, consequently, it is not necessary that your body is whole. The difficulty of analysis has resided in moving from the figure of “no function” to “no life”. However, this conflict has been resolved to the extent that legal science supports the primacy of personality rights, even after the death of the human body. The methodology has been articulated from the documentary, jurisprudential and doctrinal research, supported by the inductive method.