TRANSPLANTATION IN THE HUMAN RIGHTS SYSTEM: FROM NATIONAL LEGAL LIMITS TO INTERNATIONAL LEGAL UNCERTAINTY

The shift from a theoretical understanding of transplantation as a legal phenomenon to an analysis of its practical aspects reveals a number of significant international law issues directly affecting the realization of the right to health. At the applied level particular concern arises from the absence of harmonized international standards regarding the procedures for obtaining consent for organ removal, the determination of the moment of death, the protection of donor and recipient rights and the prevention of unlawful practices such as organ trafficking and illegal procurement. These aspects are directly relevant to the international human rights system, as they touch upon the limits of permissible interference with bodily integrity, the exercise of personal autonomy and the principle of non-exploitation. The aim of this study is to  identify and systematize the key international law challenges arising at the stage of practical transplantation, as well as to substantiate the necessity of establishing uniform, legally binding standards capable of balancing medical advancement with the protection of fundamental human rights in contemporary transplantation practice.