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

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posted on 2023-10-16, 06:15 authored by Mst Kanij FatimaMst Kanij Fatima, Sallie YeaSallie Yea
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.

History

Publication Date

2023-08-31

Journal

Asia Pacific Journal on Human Rights and the Law

Volume

24

Issue

2

Pagination

(p. 198-229)

Publisher

Brill

ISSN

1388-1906

Rights Statement

© Mst Kanij Fatima and Sallie Yea, 2023 This is an open access article distributed under the terms of the CC BY 4.0 license.

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