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Trafficking of children for Prostitution and the UNICEF response

Trafficking of children for Prostitution and the UNICEF response

Ruchira Gupta
Project Officer at UNICEF in New York

UNICEF Policy

  • UNICEF is guided by the Convention on the Rights of the Child (CRC), which has been ratified by all countries except the US and Somalia. Articles 9 and 10 of the CRC state that a child must not be separated from his or her parents against their will, except where it is in the best interests of the child. Article 11 commits States to combat the illicit transfer of children abroad. Article 35 asks States to adopt appropriate national, bilateral and multilateral measures to prevent the abduction, sale or trafficking of children for any purpose or in any form. For children who do not live with their parents, Articles 20 and 21 declare the best interests of the child to be paramount, and note the desirability of continuing the child's ethnic, religious, cultural and linguistic background. Article 21 provides that international adoption must not involve "improper financial gain".
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  • Articles 32, 34, 36 and 39, which provide for protection against economic, sexual and all other forms of exploitation, and the child's right to physical and psychological recovery and social reintegration, are also relevant to the protection of child victims of trafficking.

  • The UNICEF strategy for addressing child trafficking focuses on four main areas:

    -raising awareness about the problem;
    -providing economic support to families;
    -improving access to and quality of education;
    -advocating for the rights of the child.

  • Measures aimed at preventing the trafficking of children include increased educational opportunities for disadvantaged children, particularly girls; support to families at risk, appropriate social welfare, training of law enforcement officials and judicial authorities. It is also essential to raise awareness of the media, communities and families on the rights of child victims of any form of trafficking.

  • A proposed Optional Protocol to the CRC would reinforce the protection offered to children who are at risk of or exposed to sexual abuse, exploitation and trafficking.

  • UNICEF holds that any new policy on trafficking must build on standards already adopted by the international community, including the CRC.

  • UNICEF provides input to the Office of the High Commission on Human Rights (OHCHR) "Project Against Trafficking in Persons".

  • A proposed UN Convention on Transnational Organised Crime is now being drafted with a special protocol on trafficking. UNICEF has emphasized the importance of not criminalizing the victims of trafficking; children, who are the victims, must be protected. Similarly, where children are trafficked, particularly when they find themselves in an unfamiliar country, the first priority must be to treat them in an environment which fosters the health, self respect and dignity of the child (as outlined in the CRC).

  • Child victims of any form of trafficking require special protection and need to be treated with respect and in a manner consistent with their age and special needs. They are entitled to legal protection and to help integrating back into their communities.

  • If children are used as witnesses, officials should secure their testimony in a manner that does not re-traumatize them and ensures their protection throughout the criminal proceedings and beyond as necessary.

  • States should ensure that parents are provided with the necessary legal aid and financial assistance for a child's participation in legal proceedings.

  • States should ensure that child victims have access to assistance that meets their needs, such as legal aid, protection, secure housing, economic assistance, counseling, health and social services, physical and psychological recovery services and that they are not discriminated against. Special assistance should be given to those who are suffering from HIV/AIDS. Emphasis should be placed upon family and community-based rehabilitation or placement in foster families rather than institutionalization.

  • Children should be given an opportunity to express their views, particularly within the framework of any administrative or judicial proceeding affecting them; and no child should be discriminated against, including on the basis of gender, national or social origin. This is consistent with article 2 and 13 of the CRC.

  • Efforts against trafficking should be aimed particularly at preventing vulnerable groups of children from becoming victims. While it is true that boys are increasingly involved in child prostitution and child pornography, girls comprise the majority of victims. Gender discrimination can place girls at greater risk of sexual exploitation, and also creates specific needs for their rehabilitation.

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