Bangladesh’s Body Parts Trade : A Critical Analysis of Gaps in Justice

Journal article

Fatima, Mst Kanij and Yea, Sallie. (2023). Bangladesh’s Body Parts Trade : A Critical Analysis of Gaps in Justice. Asia Pacific Journal on Human Rights and the Law. 24(2), pp. 198-229. https://doi.org/10.1163/15718158-24020001
AuthorsFatima, Mst Kanij and Yea, Sallie
Abstract

The illicit trade in body parts in Bangladesh has been well-documented by both the media and academic scholarship. However, there is limited research addressing the question of the role of the law in preventing the trade and delivering criminal and remedial justice. Through a case study, this article critically evaluates the adequacy of Bangladeshi anti-trafficking law to criminalise organ trafficking whilst also ensuring victim protection. The analysis draws out three key gaps in the application of the law to achieve justice: vague laws related to organ trafficking; poor implementation of existing laws; and absence of adequate policies. We argue that gaps in international law (either their content or their application to Bangladesh), combined with problems relating to capacity, have negatively impacted domestic laws relating to organ trafficking.

Keywordsabsence of policies; Bangladesh; consent; organ trafficking; poor implementation; vague law; victim rights
Year01 Jan 2023
JournalAsia Pacific Journal on Human Rights and the Law
Journal citation24 (2), pp. 198-229
PublisherBrill Nijoff
ISSN1388-1906
Digital Object Identifier (DOI)https://doi.org/10.1163/15718158-24020001
Web address (URL)https://brill.com/view/journals/aphu/24/2/article-p198_005.xml
Open accessOpen access
Research or scholarlyResearch
Page range198-229
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online31 Aug 2023
Publication process dates
Accepted03 Feb 2023
Deposited21 Jun 2024
Additional information

Published with license by Koninklijke Brill NV

© Mst Kanij Fatima and Sallie Yea, 2023

This is an open access article distributed under the terms of the CC BY 4.0 license

Place of publicationNetherlands
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License: CC BY 4.0
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