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Child trafficking

Form of human trafficking

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Through United Nations, Adoption and Child labour

In 2012, the United Nations Office on Drugs and Crime (UNODC) reported the percentage of child victims had risen in 3 years from 20 percent to 27 percent. In 2014, research conducted by the anti-human trafficking organization Thorn, reported that internet sites like Craigslist are often used as tools for conducting business within the industry and that 70 percent of child sex trafficking survivors surveyed were at some point sold online. In 2016 NGO ERASE Child Trafficking estimated 300,000 children are taken from all around the world and sold by human traffickers as slaves.

In 2020, the United Nations noted that between 18,000 and 20,000 children were identified as trafficked globally (with regional variations); however, the challenges of lax reporting and accurate detection mean this number is certainly a bare minimum. Children in North and Sub-Saharan Africa make up the majority of trafficked victims with forced labour most common in Sub-Saharan Africa. Most child traffic victims in Central America and the Caribbean are girls, primarily consisting of teenagers trafficked for sexual exploitation, while in South Asia, nearly half of the victims are children, where the victims are exploited for labour or forced into marriage.

In 2022, the European Commission noted that just over 10,000 people were identified as being trafficked into the European Union in one year; of these 15% were children (approximately 75% are girls). This number represents a 41% increase from 2021, perhaps because of efforts to increase awareness of vulnerability to trafficking of those fleeing military aggression against Ukraine.

In 2022, the USA issued certification letters and assistance letters to 2,264 non-US children (a significant increase from 1,143 in FY 2021 and 672 in FY 2020, which may have been impacted by COVID); it noted that all of them had experienced labor trafficking, sex trafficking or both.

The trafficking of children has been internationally recognized as a serious crime that exists in every region of the world and which often has human rights implications. Yet, it is only since 2002 that the prevalence and ramifications of this practice have risen to international prominence, due to a dramatic increase in research and public action. Limited research has not yet identified all causes of child trafficking, however, it appears that poverty, humanitarian crisis, and lack of education contribute to high rates. A variety of potential solutions have accordingly been suggested and implemented, which can be categorized into four types of action: broad protection, prevention, law enforcement, and victim assistance.

The main international documents dealing with the trafficking of children are the 1989 UN Convention on the Rights of the Child, the 1999 ILO Worst Forms of Child Labour Convention, and the 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Definition

The first major international instrument dealing with the trafficking of children is part of the 2000 UN Palermo protocols, titled the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Article 3(a) of this document defines child trafficking as the "recruitment, transportation, transfer, harboring and/or receipt" of a child for the purpose of exploitation. The definition for child trafficking given here applies only to cases of trafficking that are transnational and/or involve organized criminal groups; in spite of this, child trafficking is now typically recognized well outside these parameters. The ILO expands upon this definition by asserting that movement and exploitation are key aspects of child trafficking. The definition of "child" used here is that listed in the 1989 UN Convention on the Rights of the Child which states: "child means every human being below the age of 18 years, unless, under the law applicable to the child, majority is attained earlier." The distinction outlined in this definition is important, because some countries have chosen to set the "age of majority" lower than 18, thus influencing what exactly legally constitutes child trafficking.

Many international, regional, and national instruments deal with the trafficking of children. These instruments are used to define what legally constitutes trafficking of children, such that appropriate legal action can be taken against those who engage in and promote this practice. These legal instruments are called by a variety of terms, including conventions, protocols, memorandums, joint actions, recommendations, and declarations. The most significant instruments are listed below.

International human rights instruments

These legal instruments were developed by the UN in an effort to protect international human rights and, more specifically, children's rights.

Labour and migration treaties

The trafficking of children often involves both labour and migration. As such, these international frameworks clarify instances in which these practices are illegal.

  • ILO Minimum Age Convention, 1973
  • ILO Worst Forms of Child Labour Convention, 1999
    • ILO Worst Forms of Child Labour Recommendation No. 190, 1999
  • ILO Forced Labour Convention, 1930
  • ILO Migration for Employment Convention (Revised), 1949
  • United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990

Trafficking-specific instruments

Regional instruments

A variety of regional instruments have also been developed to guide countries in decisions regarding child trafficking. Below are some of the major instruments, though many others exist:

  • Council of Europe Convention on Action against Trafficking in Human Beings (Treaty series No.197), 2005
  • Communication to the European Parliament and the Council, COM(2005) 514 Final
  • Multilateral cooperation agreement to combat trafficking in persons, especially women and children, in West and Central Africa, 2006
  • Mekong sub regional cooperation agreement to fight human trafficking (COMMIT), 2004

National law

National laws pertaining to child trafficking continue to develop worldwide, based on the international principles that have been established. Anti-trafficking legislation has been lauded as critical by the United Nations Global Initiative to Fight Human Trafficking, because it ensures that traffickers and trafficking victims are treated accordingly: for example, "if migration laws are used to pursue traffickers, it is often the case that the victims too are prosecuted as illegal migrants, whereas if there is a specific category of 'trafficker' and 'trafficked person,' then it is more likely that the victim will be treated as such." The existence of national laws regarding child trafficking also enables trafficking victims and/or their families to take appropriate civil action.

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