Friday, Sep 03rd

Philippine Asian News Today

Philippines says no to organ trafficking

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Justice Undersecretary Ricardo Blancaflor
PNS —Six years after it enacted the law against human organ traf­ficking, the Philippines can now enforce it after the Inter-Agency Council Against Trafficking (Iacat) finalized the implementing rules and regulations. The ban on trafficking of per­sons for the purpose of removal or sale of organs is contained in Section 3(a) of Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003.

However, the particular sec­tion of the law has not been fully implemented due to lack of im­plementing rules and regulations (IRR). The IRR was formulated by a technical working group chaired by the Department of Justice and composed of Department of Health, Department of Social Wel­fare and Development, Philippine Society of Nephrology, National Kidney and Transplant Institute, Philippine Society of Transplant Surgeons, Philippine Urological Association, National Transplant Ethics Committee, and Kidney Foundation of the Philippines. It took effect June 21, 2009. Justice Undersecretary Ricar­do Blancaflor said violators face up to 20 years imprisonment and a fine between P1 million and P2 million.

“With the IRR already in place and enforceable, the duty and power of government to pros­ecute unscrupulous middlemen and other individuals who take advantage of the poor has gained more teeth,” he said. But he said that transplanta­tion of human organs for medical purposes remains unhampered. The IRR provides that anyone at least 18 years may donate organs by giving his written consent. However, Blancaflor said, a for­eigner is prohibited from receiv­ing organs from living non-re­lated Filipino donors. He said this will prevent rich foreigners from exploiting poor Filipinos.

The IRR requires all hospital administrators to submit to the DoH a monthly report on the transplantation performed. Fail­ure to do so shall be a basis for administrative sanctions. The IRR also highlights the re­sponsibility of the DoH to develop a comprehensive program for long-term monitoring of donors and for further care of donors who may have developed any medical problems after donation.

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