Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
Encyclopedia
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred to as the Trafficking Protocol) is a protocol
to the Convention against Transnational Organised Crime. It is one of the two Palermo protocols
, the other one being the Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by the United Nations
in Palermo
, Italy
in 2000.
The Trafficking Protocol entered into force on 25 December 2003. By October 2009, the Protocol had been signed by 117 countries, and there were 133 parties.
The United Nations Office on Drugs and Crime
(UNODC) is responsible for implementing the Protocol. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them. In March 2009, UNODC launched the Blue Heart Campaign to fight human trafficking, to raise awareness, and to encourage involvement and inspire action.
The Protocol commits of ratifying states to prevent and combat trafficking in persons, protecting and assisting victims of trafficking and promoting cooperation among states in order to meet those objectives.
The Convention and the Protocol obligate ratifying states to introduce national trafficking legislation.
on 16 May 2005, the Council of Europe
Convention on Action against Trafficking in Human Beings was opened for accession and has since been signed by 43 member states of the Council of Europe. The Convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the Convention through coutry reports.
Complementary protection is ensured through the Council of Europe
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote
, 25 October 2007).
In addition, the European Court of Human Rights
of the Council of Europe
in Strasbourg
has passed judgments concerning trafficking in human beings which violated obligations under the European Convention on Human Rights
:
Siliadin v. France, judgment of 26 July 2005, and Rantsev v. Cyprus and Russia, judgment of 7 January 2010.
The Council of Europe co-operates closely with the United Nations.
Protocol (diplomacy)
In international politics, protocol is the etiquette of diplomacy and affairs of state.A protocol is a rule which guides how an activity should be performed, especially in the field of diplomacy. In diplomatic services and governmental fields of endeavor protocols are often unwritten guidelines...
to the Convention against Transnational Organised Crime. It is one of the two Palermo protocols
Palermo protocols
There are three protocols that are referred to jointly as the Palermo Protocols, or are sometimes incorrectly referred to individually as the Palermo Protocol....
, the other one being the Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in Palermo
Palermo
Palermo is a city in Southern Italy, the capital of both the autonomous region of Sicily and the Province of Palermo. The city is noted for its history, culture, architecture and gastronomy, playing an important role throughout much of its existence; it is over 2,700 years old...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
in 2000.
The Trafficking Protocol entered into force on 25 December 2003. By October 2009, the Protocol had been signed by 117 countries, and there were 133 parties.
The United Nations Office on Drugs and Crime
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...
(UNODC) is responsible for implementing the Protocol. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them. In March 2009, UNODC launched the Blue Heart Campaign to fight human trafficking, to raise awareness, and to encourage involvement and inspire action.
The Protocol commits of ratifying states to prevent and combat trafficking in persons, protecting and assisting victims of trafficking and promoting cooperation among states in order to meet those objectives.
Content of the protocol
The Protocol covers the following:- defining the crime of trafficking in human beings; essentially, trafficking is the transport of persons, by means of coercion, deception, or consent for the purpose of exploitation such as forced or consensual labor or prostitution:
-
- "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... The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.
- facilitating the return and acceptance of children who have been victims of cross-border trafficking, with due regard to their safety;
- prohibiting the trafficking of children (which is defined as being a person under 18 years of age) for purposes of commercial sexual exploitation of childrenCommercial sexual exploitation of childrenCommercial sexual exploitation of children constitutes a form of coercion and violence against children and amounts to forced labour and a contemporary form of slavery....
(CSEC), exploitative labour practices or the removal of body parts; - suspending parental rights of parents, caregivers or any other persons who have parental rights in respect of a child should they be found to have trafficked a child;
- ensuring that definitions of trafficking reflect the need for special safeguards and care for children, including appropriate legal protection;
- ensuring that trafficked persons are not punished for any offences or activities related to their having been trafficked, such as prostitution and immigration violations;
- ensuring that victims of trafficking are protected from deportation or return where there are reasonable grounds to suspect that such return would represent a significant security risk to the trafficked person or their family;
- considering temporary or permanent residence in countries of transit or destination for trafficking victims in exchange for testimony against alleged traffickers, or on humanitarian and compassionate grounds;
- providing for proportional criminal penalties to be applied to persons found guilty of trafficking in aggravating circumstances, including offences involving trafficking in children or offences committed or involving complicity by state officials; and,
- providing for the confiscation of the instruments and proceeds of trafficking and related offences to be used for the benefit of trafficked persons.
- "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... The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.
The Convention and the Protocol obligate ratifying states to introduce national trafficking legislation.
Regional Action against Trafficking in Human Beings
In WarsawWarsaw
Warsaw is the capital and largest city of Poland. It is located on the Vistula River, roughly from the Baltic Sea and from the Carpathian Mountains. Its population in 2010 was estimated at 1,716,855 residents with a greater metropolitan area of 2,631,902 residents, making Warsaw the 10th most...
on 16 May 2005, the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
Convention on Action against Trafficking in Human Beings was opened for accession and has since been signed by 43 member states of the Council of Europe. The Convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the Convention through coutry reports.
Complementary protection is ensured through the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote
Lanzarote
Lanzarote , a Spanish island, is the easternmost of the autonomous Canary Islands, in the Atlantic Ocean, approximately 125 km off the coast of Africa and 1,000 km from the Iberian Peninsula. Covering 845.9 km2, it stands as the fourth largest of the islands...
, 25 October 2007).
In addition, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
in Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
has passed judgments concerning trafficking in human beings which violated obligations under the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
:
Siliadin v. France, judgment of 26 July 2005, and Rantsev v. Cyprus and Russia, judgment of 7 January 2010.
The Council of Europe co-operates closely with the United Nations.
See also
- Human traffickingHuman traffickingHuman trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
- Child launderingChild launderingChild laundering is the stealing and selling of children to adopting parents under false pretenses. Often the adoption agency or adoption facilitator hides or falsifies the child's origin to make the child appear to be a legitimate orphan by manipulating birth certificates, intake records, or...
- Child harvestingChild harvestingChild harvesting is a term used to describe the active drafting of parents and children for the adoption market and is particularly associated with and prevalent in some international adoption countries and markets....
- List of international adoption scandals