Abstract

What is interesting in the philosophy of the European Protocol is the search of a balanced position which acknowledges the medical progress brought by organ transplants and considers the necessity to ensure that human dignity and individual freedom are respected. However, the principles adopted for such regulations at the European level leave on some major issues a great margin of appreciation to the domestic legislation. this is particularly true in areas such as defining death or consenting to organ transplants including the situation of minors and the role of the family. a last point should also be stressed regarding the European protocol: its lack of efficiency concerning a neglected but important issue: organ trafficking.

Key-words:

Organ transplantation, comparative Law, Illicit trading of organs, commercial use of the human body, convention, Legislation, council of Europe, Determination of death, Informed consent, living donors, minors.