AN APPRAISAL OF THE LEGAL REGIME GOVERNING HUMAN ORGAN DONATION, TRANSPLANT AND ORGAN TRAFFICKING IN TANZANIA
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Abstract
Nowadays organ trafficking is considered to be a serious international problem which requires a global concern. It is becoming a widespread and ubiquitous criminal phenomenon which in the first place, violates victims’ fundamental rights and their human dignity. Nevertheless, it is still the most unknown and least addressed forms of trafficking. Worldwide, currently, Organ donation and transplant is one of the greatest medical achievements of all time. It saves many lives in cases when there is no medical alternative of comparable effectiveness. However, due to inadequate knowledge on organ donation and transplant, as well as inadequate medical facilities and organs for donation and transplant, illegal trafficking of human organs crops in and is booming into becoming a serious problem. Although one of the underlying causes of organ trafficking is poverty, it becomes imperative to examine the responses given to Human organs trafficking by the international community and transplant societies, as to whether is it the rights of victim-donors to give organs without consent or his or her organs to be trafficked. International communities regard illegal human organs transplantation and donation as an organized crime while other communities encourage human organs trafficking as a factor saving lives of individuals due to the insufficient distribution of organs for transplants. Individuals should be protected from both types of organ trafficking and illegally removed of human body organ. Conversely, there are situation that a recipient can be fraudulently engaged in the illegal act as well as suffer from health deterioration due to poor quality of the transplanted organ or conducted surgery that may put the patient in a vulnerable position. Despite the fact that Tanzania health services have made several improvements in terms oof donation and transplant of organs, Currently, organ donation and transplant are not conducted under a specific law and appended regulations. The organ donation and transplant are currently conducted under issued guidelines to health facilities with capacities to perform such procedures. This paper herby, makes an appraisal on the laws and practice on Human Organs Transplant and Donation and its link in promoting illegal Human Organ Trafficking.
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Copyright © 2025 by Dr. Neema Bhoke Mwita, Gladness G. Mseke
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