Trafficking in Organs

This chapter examines the phenomenon of organ trafficking from both international and domestic criminal law perspectives, with particular attention to human dignity as a foundational legal value. After outlining the principal forms of organ trafficking, the contribution analyses the international and European legal framework, focusing on the Council of Europe Convention against Trafficking in Human Organs (Santiago Convention, 2015) and the legal interests it seeks to protect. The chapter further explores the notion of human dignity in relation to both living and deceased donors, addressing issues of commodification, exploitation, vulnerability and post-mortem dignity. It then examines the Italian legal framework, with particular reference to Article 601-bis of the Italian Criminal Code, assessing its compliance with international standards and identifying the main gaps in the implementation of the Santiago Convention. The contribution concludes by arguing that, notwithstanding the progressive development of international standards against organ trafficking, effective compliance with international obligations ultimately requires explicit domestic legislative intervention capable of ensuring comprehensive and coherent criminal protection.