A/HRC/7/3/Add.1
page 50
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
people sentenced to death may only be used in
strict compliance with the relevant regulations.
Primary among these are the following: (a) they
may only be used with the prior written agreement
of the prisoners themselves and of their family
members; (b) they may only be used with the
approval of the health authorities at the provincial
level and of the provincial high court; and (c) units
using such organs or bodies must secure the
approval of the health authorities at the provincial
and higher level and must be properly equipped to
conduct the applicable medical research or to
carry out the relevant transplantation surgery.
Although China has strict prohibitory regulations in
place relating to organ transplants, it is still hard to
put a stop to certain unlawful practices. As soon
as the relevant administrative bodies discover and
verify that such unlawful activities are being
conducted, the necessary action is taken to
punish them in accordance with the law. Currently,
regulations on the transplantation of human
organs, as drafted by the Ministry of Health, have
been issued and submitted to the State Council
for its consideration and the State Council is
soliciting the views of relevant Chinese and
foreign experts and of WHO on the content of the
draft text. It is our belief that the formulation of
these regulations will help set in place a more
standardized system for the management of
human organ transplantation. Third, in order to
ensure optimal use of the limited sources of
organs, by drawing on current international
practice, the relevant departments are currently
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