The concept of organ transplantation is not a new concept in South Africa and many
organ transplants are performed annually. However, the problem that arises is that
there is currently a shortage of donor organs suitable for transplant and this leads to
the demand for organs exceeding the supply thereof. This in itself opens the door for
unethical and criminal ways of obtaining organs. One of the ways in which these
organs are obtained is child trafficking for the sole purpose of removal of organs.
Although there are several reasons why children are abducted and used in child
trafficking practices, the removal of their organs is discussed as the main reason in
this study.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children, Supplementing the United National Convention against
Transnational Organized Crime (2000) (hereinafter the Protocol), which South Africa
signed and ratified, is the international instrument which places an obligation on
South Africa to address the issue relating to human trafficking by implementing
legislation. Until recently there had been no legislation specifically regulating human
trafficking. Through the years, several bills for implementation in the national
legislative framework were proposed to parliment. In 2013, the Prevention and
Combating of Trafficking in Persons Act was incorporated into national legislation to
address South Africa's international and regional obligations. In this study, the
international, regional and national framework concerning trafficking is outlined and
discussed as well as the Prevention and Combating of Trafficking in Persons Act to
determine to what extent they do provide protection to victims of human trafficking. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/14250 |
| Date | January 2014 |
| Creators | Botha, Anchané |
| Source Sets | North-West University |
| Language | other |
| Detected Language | English |
| Type | Thesis |
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