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Sale of children for the purpose of forced labour 2016, para. 28
- Paragraph text
- A review of global estimates of trafficking in human beings makes it possible to highlight a number of common features characterizing the sale of children for the purpose of forced labour. First, the share of children trafficked for the purpose of forced labour is increasing and the share of children involved in forced labour is particularly high. Second, while in Europe and Central Asia children may be sold for the purpose of forced begging and petty crime, in the rest of Asia and in the Americas a high proportion of child victims may be sold for economic exploitation. Lastly, there are significant regional disparities and a lack of common definitions affects the reliability of estimates, most likely leading to underestimates.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 90
- Paragraph text
- The adoption of the Sustainable Development Goals has given a renewed impetus to international cooperation in combating the exploitation of children. The need to foster multi-stakeholders partnerships across countries to address the phenomenon has led to the development of an alliance around Goal 8.7, which aims to eliminate forced labour, modern slavery, human trafficking and all forms of child labour. Alliance 8.7 seeks to gather a range of actors, from Governments, civil society, international organizations, academia, representatives of employers and employees and the private sector, towards the realization of Goal 8.7.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 67
- Paragraph text
- Due to the control their employers exercise over them, children sold for the purpose of forced labour are particularly vulnerable to violence and abuse. For example, child labour in domestic work makes children vulnerable to sexual violence and abuse, as well as beatings and degrading treatment. Children, in particular girls, involved in forced labour in manufacturing, such as the garment industry, are often victims of sexual violence. In armed conflict, systematic sexual violence and enslavement is often a daily reality for girls (see A/HRC/32/CRP.2).
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 81
- Paragraph text
- Increased attention has also been paid to the need for due diligence, a process whereby private companies are called upon to ensure respect for human rights standards and to set up adequate mechanisms to that end. The European Commission has devoted specific attention to the situation of employment and recruitment agencies in that context, issuing a guidebook inviting such agencies to consider the impact of their practices on human rights, including in countries with weak legal and institutional frameworks.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 40
- Paragraph text
- ILO has defined begging as "a range of activities whereby an individual asks a stranger for money on the basis of being poor or needing charitable donations for health or religious reasons. Beggars may also sell small items, such as dusters or flowers, in return for money that may have little to do with the value of the item for sale". Exploiting children through begging is a form of forced labour for which a child's consent cannot be considered valid, and could amount to a practice similar to slavery. Research has documented cases in which a child has been sold or trafficked for the purposes of forced begging or is in debt bondage. Children in a street situation are particularly vulnerable to the practice, given their lack of a protective environment.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 97
- Paragraph text
- The sale of children for the purpose of forced labour is a multifaceted phenomenon with diverse root causes, risk factors, manifestations and effects. Families may use the sale of children for the purpose of forced labour as a coping strategy for survival. Children, whether sold or entrusted to a third party, may fall into the hands of traffickers, who will in turn sell them for forced labour. They may also end up under the control of criminal organized groups. Demand for products with competitive prices is also a pull factor for the sale of children for forced labour and labour exploitation. In conflict situations, lawlessness and social, economic and institutional breakdown, as well as deliberate conflict strategies, may lead children to be abducted and sold for the purpose of forced labour.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 54
- Paragraph text
- Rapid and sudden societal or technological changes have also facilitated demand and it is crucial to ensure that such radical revolutions are better managed in order to prevent child sexual exploitation. This applies particularly to the growth of tourism and of the Internet. There have been positive initiatives, such as the Child Safe Tourism campaign developed by World Vision and the International Tourism Partnership in collaboration with Governments from South-East Asia, which targets both potential offenders and intermediaries. Similarly, there are numerous initiatives concerning the Internet, such as the British "Stop it Now!" prevention campaign, which has launched several videos to deter potential offenders.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 17
- Paragraph text
- The methodology of the study consisted of a comprehensive desk review of recent studies, academic research, policy documents and legislation. It also benefited from contributions by international experts and relevant international organizations. Most of the literature concentrates on various forms of exploitation that are similar to, yet slightly different from, the focus of the study. Consequently, identifying situations where children have been sold for the purpose of forced labour has required examining a set of elements and inferring that criteria to characterize the situation as such have been met.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 18
- Paragraph text
- Conceptual clarity in relation to the sale of children for the purpose of forced labour presents particular challenges. The resolutions creating and renewing the mandate and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography do not provide a definition of the crime. While many concepts, such as the worst forms of child labour, child trafficking and slavery and slavery-like practices, may encompass similar realities, they also feature significant differences. It is therefore essential to define adequately the sale of children for the purpose of forced labour, in order to avoid legal loopholes and protection gaps, and ensure the design and implementation of strategies that address the specific root causes, factors of vulnerability, mechanisms and manifestations of the sale of children for the purpose of forced labour. The ultimate goal is to ensure that the rights violated are fully justiciable and that victims can find effective remedy and redress.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 19
- Paragraph text
- The sale of children for the purpose of forced labour must be understood in the context of the international legal framework on child labour and its worst forms. That framework includes article 32 of the Convention on the Rights of the Child, which prohibits any work that could impair the child's development, and article 35, which forbids the sale of children for any purpose or in any form. That article was introduced as a separate provision from sale for the purpose of sexual exploitation mentioned in article 34, in recognition that children are subjected to sale and trafficking for many reasons. The international framework also includes the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 60
- Paragraph text
- Inadequate monitoring and regulation of the activities of intermediaries can easily result in abusive practices. Intermediaries may use deceptive methods to lure families into releasing a child, or attract children into situations amounting to forced labour. The high fees required for the service is likely to put children and families in situations of debt bondage. Intermediaries may manage the full placement process, taking care of all necessary documents, which are then confiscated, preventing victims from leaving. Intermediaries may be directly linked with criminal networks aiming to exploit workers. Lack of work contracts and dependency on the recruiter for documentation and debt repayment paves the way for forced labour. In most cases, recruiters are aware of the forced labour conditions in which children end up and use deception to recruit them.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 23
- Paragraph text
- The use of the term "demand" is closely related to economics terminology as the sexual exploitation of children and the provision of such services are driven by the objective of making a profit, be it financial, social or political. However, economics terminology should never obscure the violation of the rights of children, and the use of related terms such as "clients" must be rejected. The economics analogy is also relevant in the sense that if the demand is stemmed, the offer will correlatively decrease. Addressing the demand factor is consequently an effective way to eradicate the sexual exploitation of children. Preventing and deterring the harm from happening in the first place is cost-effective.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 37
- Paragraph text
- The label of intermediaries covers a wide range of other facilitators such as taxi drivers, hotel staff, entertainment staff, massage parlour staff, tour guides and tour operators. They do not control the child victim, but act as a bridge between procurers or child victims and offenders. Individuals working in the entertainment industry, namely bars, karaoke clubs and brothels, have been identified in several cases as crucial points of contact for offenders seeking to sexually exploit a child. Taxi drivers and hotel staff have also brought offenders to locations where children are sexually exploited. What is more, there is anecdotal evidence of sex tour operators organizing trips to areas where child sexual exploitation is rife. Most of those facilitators are part of the private sector, which thus becomes an intermediary by turning a blind eye to the criminal activities of its staff.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 68
- Paragraph text
- Children's right to development to their fullest potential is also seriously affected. Children engaged in forced labour do not have access to an adequate standard of living, including appropriate shelter, food, water and sanitation. Those that are sold for the purpose of forced labour are frequently out of school or have no access to education. As a result, they lack access to the skills needed for their development and life options, and are deprived of opportunities to know their rights and develop the competencies to protect themselves from abusive situations.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Water & Sanitation
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 96
- Paragraph text
- An ILO study on international migration and child labour has underlined the importance of promoting safe behaviours in relation to migration, by supporting adolescents in adequately informing themselves and properly preparing for the journey, preferably by securing a job contract before leaving. However, in some instances, the contract is part of the migration arrangement itself, paving the way for exploitative conditions. Studies have also stressed the importance for countries of avoiding legislative frameworks in which a legal stay is conditioned to one employer, as it paves the way for dependency on that employer.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 42
- Paragraph text
- Criminal activities are among the services children may be forced to undertake and are considered a form of forced labour. ECPAT UK has highlighted the situation of children engaged in forced labour in cannabis production in the United Kingdom of Great Britain and Northern Ireland, who have been trafficked from other countries. The children are forced by organized criminal groups to work in cannabis factories under hazardous conditions and with no possibility of leaving. Criminal groups use debt bondage and threats of reprisals against the children and their families to prevent them from escaping.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 58
- Paragraph text
- The Convention is also important in respect to intermediaries. Indeed, it specifically lists measures such as the seizure and confiscation of proceeds derived from the relevant offences or property equivalent in value. Targeting financial proceeds is a particularly strong deterrent and reparatory measure, since on the one hand intermediaries are motivated by profit and on the other hand the seized resources can be used to fund care, recovery and reintegration programmes.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 77
- Paragraph text
- Access to an effective remedy is particularly important for preventing the phenomenon. Children who have been sold and are engaged in forced labour are often isolated, with no access to remedy. The vulnerability that is specific to the relationship of dependency with the employer presents specific challenges, in addition to the need for child-sensitive access to justice and redress mechanisms. Such children may distrust the police, fear retaliation and lack the documentation for legally staying in the country concerned.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 16
- Paragraph text
- The study concentrates solely on the sale of children for the purpose of forced labour. However, all situations in which children are engaged in harmful work call for responses and accountability measures based on criminal law and policy interventions. Although it can involve situations of forced labour, the sale of children for the purpose of sexual exploitation is beyond the scope of the present study and has therefore been excluded.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 57
- Paragraph text
- Demand is an important factor behind the sale of children for the purpose of forced labour. It encompasses the individual offenders who offer and receive the child, expecting some benefit through his or her exploitation; intermediaries who service the demand; and the constructs that create an environment in which the sale of children for the purpose of forced labour is either ignored, tolerated or accepted (see A/HRC/31/58).
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99n
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that children who have been sold for the purpose of forced labour have the ability to be heard and contribute to developing strategies to address the phenomenon in a way that ensures that their rights and needs are taken into account.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 71
- Paragraph text
- In situations of the sale of children for the purpose of forced labour, children's right to be heard is seriously undermined, since they are treated as commodities and left with no possibility to choose or influence their lives. Younger children are particularly vulnerable and making them unable to express their concerns is often a strategy used by traffickers to keep control over them.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 85
- Paragraph text
- There is a need for State intervention when the private sector does not take sufficient measures to ensure that it does not become or remain a facilitator in the demand for the sexual exploitation of children. Measures such as conducting background checks, particularly for employment that involves coming into contact with children, such as childcare workers, should become a mandatory practice.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 33
- Paragraph text
- Child marriage may amount to the sale of children for the purpose of forced labour when the marriage agreement includes a transaction in the form of financial payment or in-kind benefits. In such transactions, children are treated as commodities and exchanged for goods or money, or to settle debts or disputes. A study has highlighted the dynamics that lead children to be sold for the purpose of forced labour under the cover of marriage.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99e
- Paragraph text
- [The Special Rapporteur invites all States to:] Carry out primary research and collect qualitative and quantitative data to better understand the situation of children sold for the purpose of forced labour and the factors of vulnerability, in order to develop adequate interventions;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. (d)
- Paragraph text
- The intent of engaging the child in forced labour is sufficient for the offence to be identified as such, even if the exploitation has not actually occurred.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 58
- Paragraph text
- The immediate level of demand covers those who directly exploit children through transactions for the purpose of forced labour. They turn to intermediaries or traffickers to find and recruit victims.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 24
- Paragraph text
- Following an analysis of relevant concepts, it can be inferred that the crime of the sale of children for the purpose of forced labour includes the following elements:
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82d
- Paragraph text
- [The Special Rapporteur invites all States to:] Pay particular attention to the prosecution and conviction of all intermediaries, such as procurers, traffickers and facilitators in the tourism and entertainment industries, as well as financial and technology sector staff, at every level of the supply chain in order to effectively stem the sexual exploitation of children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. (a)
- Paragraph text
- The act of selling the child that materializes with a form of transaction in which the person(s) offering the child obtain(s) a gain (remuneration or any other consideration) and the person(s) receiving the child expect(s) some benefit through exploitation of the child;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph