CETS 197 – Trafficking in Human Beings, 16.V.2005
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Article 3 – Non-discrimination principle
The implementation of the provisions of this Convention by Parties, in particular the
enjoyment of measures to protect and promote the rights of victims, shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property, birth or other
status.
Article 4 – Definitions
For the purposes of this Convention:
a
"Trafficking in human beings" 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;
b
The consent of a victim of “trafficking in human beings” to the intended exploitation set
forth in subparagraph (a) of this article shall be irrelevant where any of the means set
forth in subparagraph (a) have been used;
c
The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose
of exploitation shall be considered "trafficking in human beings" even if this does not
involve any of the means set forth in subparagraph (a) of this article;
d
"Child" shall mean any person under eighteen years of age;
e
"Victim" shall mean any natural person who is subject to trafficking in human beings as
defined in this article.
Chapter II – Prevention, co-operation and other measures
Article 5 – Prevention of trafficking in human beings
1
Each Party shall take measures to establish or strengthen national co-ordination between the
various bodies responsible for preventing and combating trafficking in human beings.
2
Each Party shall establish and/or strengthen effective policies and programmes to prevent
trafficking in human beings, by such means as: research, information, awareness raising and
education campaigns, social and economic initiatives and training programmes, in particular
for persons vulnerable to trafficking and for professionals concerned with trafficking in human
beings.
3
Each Party shall promote a Human Rights-based approach and shall use gender
mainstreaming and a child-sensitive approach in the development, implementation and
assessment of all the policies and programmes referred to in paragraph 2.
4
Each Party shall take appropriate measures, as may be necessary, to enable migration to
take place legally, in particular through dissemination of accurate information by relevant
offices, on the conditions enabling the legal entry in and stay on its territory.
5
Each Party shall take specific measures to reduce children’s vulnerability to trafficking,
notably by creating a protective environment for them.
3