The Council of Europe drafted a convention which constitutes, for the first time, a binding international instrument in the criminal law field aimed at countering the trafficking in human organs. This convention was opened to signature in Santiago de Compostela (Spain) and it is normally known as the Santiago de Compostela Convention.

 Text of the Convention  Explanatory Report  Unofficial translations

 

The Council of Europe has long been concerned about the absence of harmonised international legislation, non-deterrent sanctions that were not proportionate to the harm caused to patients, and the involvement of criminal organisations which operate across borders.

The trafficking in human organs threatens the right to life enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR). Incidences in the transplantation system undermine public trust in healthcare systems and authorities' surveillance thereof.

The trafficking of human organs has a global spread, no country is spared.

The Council of Europe sees it as a common responsibility for the global community to eradicate this phenomenon, and hence accession to the Santiago de Compostela Convention is open for all states in the world interested in working with Council of Europe on this important goal. Safeguarding of public health through penal measures against criminal behaviours, the protection of the rights of victims, the cooperation at national and international levels, and preventive measures are the overarching aims of the above convention.

The core values of the Council of Europe, a pan-European political organisation comprising 46 member states in Europe, are the protection of human rights and essential freedoms, the promotion of the rule of law and of pluralist democracies. The Organisation aims at identifying solutions for challenges faced by today's societies.

Unofficial Translations

The official languages of the Council of Europe are English and French (Article 12 of the Statute of the Council of Europe). Only the treaties published by the Secretary General of the Council of Europe, each in a separate booklet of the "European Treaty Series" (ETS) continued since 2004 by the "Council of Europe Treaty Series" (CETS), are deemed authentic.

The translations presented here are for information only.

OPENED FOR SIGNATURE

25 March 2015

ENTERED INTO FORCE

1 March 2018

1st COMMITTEE OF PARTIES

31 January 2022

15 RATIFICATIONS

14 CoE member States

1 non CoE member State (Costa Rica)

12 SIGNATURES

10 CoE member States

1 non CoE member State (Russian Federation)

1 INVITATION

Chile