Dhs3m fine, 7 years in jail for trading in human organs and tissues in UAE
- 22 Feb 2021
Gulf Today Report
The UAE Public Prosecution said that there is a Dhs3 million fine with five to seven years in prison for a person who is involved in trading of human organs and tissues.
The Public Prosecution said according to Article 21 of Federal Decree-Law No. 5 of 2016 on the regulation of human organs and tissues transplantation states, “Whoever trades or mediates with the intention of trafficking in human organs or part thereof or tissues, shall be sentenced to imprisonment for a term ranging between (5) five years and (7) seven years and a fine ranging between Dhs 500,000 and Dhs. 3,000,000. The court shall order the confiscation of the funds obtained from the crime.”
Trafficking of human organs is also prohibited under Federal Law No. 51 of 2006 on Combating Human Trafficking Crimes. Article 1 of the law provides: Exploitation includes all forms of sexual abuse, involuntary servitude, mistreatment, coercion and abuse of work force, as well as illegal trading in human organs.
Under the National Programme for Organ Transplantation, Ministry of Health and Prevention is preparing a national donors’ registry. Anyone in the UAE regardless of nationality can become a donor or recipient of an organ during a transplant surgery and the option will be linked to each individual’s Emirates ID.
The Decree Law prohibits the sale of human organs and tissues or other body parts in any way for the purpose of transplantation. It also bans unlicensed advertising of transplantation of human organs, tissues and body parts.
The UAE allows transplantation of human organs and tissues from both living donors and the deceased in accordance with the provisions indicated in the Federal Decree Law No. 5 of 2016 on Regulation of Human Organs and Tissue Transplantation. This Decree Law aims to:
-Regulate and develop transplantation operations
-Ban human organs’ and tissues’ trafficking
-Regulate the process of donating organs and tissues
-Prevent exploitation of the patient’s or the donor’s needs.
Living donors must be legally competent persons. They should unconditionally express that they are donating their organs by their own free will. It should also be confirmed from an authorised medical committee that no harm can fall on them from donation.
Donation by living donors is restricted to relatives within the fourth degree and couples married for at least two years. Living donors can unconditionally backtrack on their decision at any time; however, they may not recover a donated organ once it is removed.
For the deceased, it is not permissible to remove an organ unless the donor’s wish is conclusively confirmed before death and formally documented either by the notary public or through the Emirates Identity card. Additionally, organ removal can only be done following a confirmation of death in line with the Ministerial Decision No. 550 of 2017 Concerning Requirements for Determining Death.
By law, the identity of both the donor and recipient must remain confidential.
