A/HRC/4/33/Add.1
Page 62
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
the statement in 2005 of the Vice Minister of
Health Mr Huang Jiefu; willing donor family
members, who for cultural reasons, are often
reluctant to donate their organs after death; and
brain-dead donors. Moreover, the reportedly short
waiting times that have been advertised for
perfectly-matched organs would suggest the
existence of a computerized matching system for
transplants and a large bank of live prospective
donors. It is alleged that the discrepancy between
available organs and numbers from identifiable
sources is explained by organs harvested from
Falun Gong practitioners, and that the rise in
transplants from 2000 coincides and correlates
with the beginning of the persecution of these
persons. On organ transplants, in general, it has
been reported that in March 2006, legislation was
introduced which bans the sale of human organs
and requires the donor to give written permission.
The legislation also limits transplants to certain
institutions, which must verify the source of the
organs. This law came into force on 1 July 2006.
Contrary to the Government assertion that human
organs have been prohibited from sale, in
accordance with the 1991 WHO guiding
principles, it has been reported that up to this time
Chinese law has allowed the buying and selling of
organs; has not required that donors give written
permission for their organs to be transplanted;
there has been no restriction on the institutions
which could engage in organ harvesting or
transplants; there was no requirement that the
institutions engaged in transplants had to verify
out human organ transplants must have the
capacity to ensure medical quality and safety
in accordance with ethical principles. The goal
of these regulations is to standardize and
improve the management of clinical practice of
human organ transplant operations in order to
safeguard medical quality and safety.
Presently, the relevant government agencies
are drafting human organ transplant
regulations in order to create the necessary
regulation of human organ donation,
registration, matching, and transplant. China
absolutely does not allow forced donation or
trafficking in the corpses or organs of executed
criminals, which are used in strict accordance
with the relevant regulations. Notably: written
consent must be received from the criminal to
be executed and his family; approval must be
received from the provincial-level health
authority and the provincial-level higher
people’s court; and the unit using the organs
must have the authority/capacity to conduct
medical science research or transplant
operations. The question of organ donation is
not part of the inquiries made at the time of
execution. Those death-row criminals who
wish to donate their corpse or organs after they
are executed must express this voluntarily in
writing. Mobile execution vehicles are used
solely by the courts to carry out execution by
lethal injection. They do not, and are strictly
forbidden to, transport organs. According to
Chinese laws and regulations, individuals who
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