International Treaties <---> Mexican Law

Analyzing this tematic since an international point of view, we can assume that Organ Trafficking must be prevented, prosecuted and punished, not only on a national level, but also as a cordinated and colaborative system at a global or, at least, regional level. This is the main reason Mexico decided to sign the "La Lucha Contra la Trata De Personas; Manual Para Parlamentos”, treaty created by the United Nations in an effort to fight back, not only Organ Trafficking but any type of Human Trafficking.

For the main objective of our blog, we decided to focus our analysis in a segment of the previously mentioned treaty named as "Protocolo Para Prevenir, Reprimir y Sancionar La Trata de Personas, Especialmente Mujeres y Niños, Que Complementa La Convención De Las Naciones Unidas Contra La Delincuencia Organizada Transnacional". This part was created during the final stage of the year 1998, in it, it's mainly established in several articles different dispositions in order to "prevent and combat human trafficking; protect and help the victims; promote the colaboration of Estates for fighting Human Trafficking" (Article 2).

After this brief introduction we'll like to compare Human Trafficking, and also Organ trafficking, between International treaties and Mexican Law.

In the document signed by UN members, Human Trafficking is defined as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation".

Meanwhile Mexican Law defines trafficking in organs (Article 462 of the Ley General de Salud) as the obtention, conservation, use, preparation, suministration, trade, transplantation or even promotion of the illegal procedure of forced Organ transplantations.

As we can see, the only treaty signed by the Mexican country is more general than the articles contained in several legislations, for example the newest legislation made during Calderon's mandate.  For having a strong regulation of this Black Market it is essential to understand that, as every issue concerning trade, international colaboration as a support of national legislations will always be better than International treaties or national laws by their own.