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HUMAN TRAFFICKING
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Legislation International lawIn 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention, and two Palermo protocols:
All of these instruments contain elements of the current international law on trafficking in human beings. In EuropeCouncil of Europe Convention on Action against Trafficking in Human Beings, Warsaw 2005 Britain ratified this Convention on 17th December 2008, 19 other countries (Albania, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Denmark, France, Georgia, Latvia, Malta, Moldova, Montenegro, Norway, Poland, Portugal, Romania and Slovakia) having previously done so. UK legislation does not deal with child trafficking as a separate offence. The Sexual The Asylum and Immigration (Treatment of Claimants, etc) Act 2004, consists of an offence of 'trafficking for exploitation', which covers non-sexual exploitation, including trafficking for forced labour and the removal of organs. According to this legislation, whilst the means do not necessarily have to be proved with children under 18 it is still a requirement to prove that the child was requested or induced. This is problematic when involving very young children and babies, as they cannot be requested or induced, nor do they have the capacity to agree or comply. Work is ongoing to consider amendments to existing legislation to tighten this particular clause. Legislation specific to children is only in regard to sexual offences aiming to protect children from abuse through prostitution and pornography. These offences under the Sexual Offences Act 2003 cover the paying for the sexual services of a child; and causing, facilitating or controlling the commercial sexual exploitation of a child in prostitution or pornography. Similar offences in Scotland are contained in the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. Immigration-specific legislation is often used to prosecute child smugglers. The offence of 'facilitation' is often used where children have been brought into the UK by illegal means and there is insufficient evidence of any intent to exploit. This offence is enumerated under the Nationality, Immigration and Asylum Act 2002 and encompasses the assisting of unlawful immigration to member states of the European Union.
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