Presentation 2014

Article 35 - "prevent the abduction of, the sale of or traffic in children for any purpose or in any form"

Does not deal with trafficking specifically but does address child selling

Article 1 prohibits the sale of children

Article 2(a) defines the sale of children as, "any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration"

Article 3(a)(ii) "improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international instruments on adoption"

Palermo Protocol

Act

+

Purpose of exploitation

=

Child Trafficking

"Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs"

A Practice similar to slavery?

Slavery Convention 1926: Slavery is "the status or condition of a person over whom any or all of the powers attaching to ownership are exercised."

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery 1956

Article 1(d) outlines practices "similar to slavery" as:

any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour"

From Orphanhood to Trafficked:

Exploring Trafficking for the Purpose of Institutionalization

Kate van Doore

Griffith Law School

Brisbane, Australia

Situating Paper Orphans in International Law

Convention on the Rights of the Child

"recruitment, transportation, transfer, harbouring or receipt of persons"

Movement of child from family/guardian to orphanage by recruiter establishes the 'act' component

Many NGO studies have found a direct correlation between the increase in number of institutions and "orphanage tourism"

There is a growing awareness of the business model of orphanages for profit

Demand for 'orphans' (the product) is driving the manufacture of 'paper orphans'

In 2009, Save the Children found:

4 out of 5 of children in residential child care facilities/orphanages were not orphans

Poor families were coerced into relinquishing their children in exchange for money by unscrupulous institutions and adoption agencies hoping to profit from either the residence or trafficking of the children

This seems like an easy case of child trafficking....but hasn't been.

Until this year, international reporting (ie TIP Report) did not recognise this as trafficking as it did not prima facie meet the definition provided in the Palermo Protocol in relation to 'the purpose of exploitation'.

Forced labour?

Worst Forms of Child Labour Convention

Article 3(a): "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour..."

Direct correlation between sale of children and trafficking with slavery or practices similar to slavery

Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography