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HUMAN TRAFFICKING
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Definition “It’s something to do with cars, isn’t it?” - trafficked girl, interviewed by an NGO in Kosovo. "Trafficking in persons" shall mean 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. 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.Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplements the United Nations Convention against Transnational Organized CrimeElements of human trafficking On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements:
In order to prove trafficking, all three elements would need to be evidenced. However, the hardest of these elements to prove is often the means, as victims of trafficking are controlled in many different ways, making it difficult to ascertain whether their presumed consent to their own exploitation was valid or not. Where one of the means as described above can be proven, then the consent is not valid. Of utmost importance is the distinction given to trafficking of persons who are under 18, ie children: "means" do not need to be proved in order to find a child has been trafficked, therefore stating that a child is not capable of consenting to his or her own trafficking or exploitation. Hence, the definition of child trafficking can be defined as; the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation. With only two elements of the action and the purpose, the discounting of the means makes child trafficking a broader definition than the standard definition of human trafficking. The significance of this distinction must be well understood in order to properly identify child victims of trafficking. Introductions to trafficking What it means for women to be trafficked (Warning: this is not pleasant to watch)
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