Reservations and Declarations for Treaty No.216 - Council of Europe Convention against Trafficking in Human Organs

Nature of declaration : Reservations
Status as of 14/10/2019

Czech Republic

Reservation handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 – Or. Engl. and confirmed in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic reserves the right to apply the Article 5 of the Convention in case of organs removed from a deceased person only to conduct committed with the aim to enrich oneself or other.
Period covered: 01/03/2018 -
Articles concerned : 30, 5

Reservation contained in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 4, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply paragraph 1.a of this Article to the removal of human organs from living donors, in exceptional cases, when the consent of the donor is not needed.

There is in force Section 4 of the Act No. 258/2002 Coll., on the donation, removals and transplantations of tissues and organs and on the amending of certain Acts, in the Czech Republic. The first paragraph of this provision states that solely renewable tissues may be removed from donors who are minors, persons with limited legal capacity or fully legally incapacitated persons or persons who gave their consent to the removal, but with regard to their health condition it is reasonable to assume that despite receiving due instructions they did not consider or could not consider all consequences of removal of renewable tissues for their own health (hereinafter “person unable to express consent”), unless provided otherwise further, and only if:

a) there is no other donor who could give his explicit and concrete consent,
b) the recipient is a sibling of the donor,
c) donation constitutes an option of rescuing the recipient’s life,
d) legal representative of the donor who is a minor or person with limited legal capacity / incapacitated person expressed consent to the removal pursuant to section 7(4),
e) ethic committee expressed consent to the removal pursuant to section 5(5)b) and
f) the donor does not oppose the donation.

Second paragraph states that provisions of subsection 1 b) and c) do not apply to removal of cells, if such removal poses only minimal risk for health and life of the donor.
Period covered: 01/03/2018 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 10, paragraph 3, of the Convention, the Czech Republic reserves the right not to apply in full the provisions of Article 10, paragraph 1.e, of the Convention and to apply it only in the extent as follows: the law of the Czech Republic shall also assess the culpability of an act committed abroad by a person with no nationality who has been granted permanent residence in their territory.
Period covered: 01/03/2018 -
Articles concerned : 10


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