
Contents
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A Background and Purpose A Background and Purpose
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B Negotiating History B Negotiating History
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1 Origin 1 Origin
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2 Early drafts 2 Early drafts
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3 Ad Hoc Committee discussions 3 Ad Hoc Committee discussions
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(a) The act element (a) The act element
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(b) The means element (b) The means element
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(c) The purpose element (c) The purpose element
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C Interpretation C Interpretation
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1 Subparagraph (a): trafficking in persons 1 Subparagraph (a): trafficking in persons
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(a) The act element (a) The act element
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(i) Recruitment (i) Recruitment
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(ii) Transportation (ii) Transportation
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(iii) Transfer (iii) Transfer
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(iv) Harbouring (iv) Harbouring
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(v) Receipt (v) Receipt
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(b) The means element (b) The means element
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(i) Threat or use of force (i) Threat or use of force
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(ii) Other forms of coercion (ii) Other forms of coercion
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(iii) Abduction (iii) Abduction
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(iv) Fraud (iv) Fraud
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(v) Deception (v) Deception
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(vi) Abuse of power (vi) Abuse of power
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(vii) Abuse of a position of vulnerability (vii) Abuse of a position of vulnerability
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(viii) Giving or receiving of payments or benefits to achieve the consent of a person having control over another person (viii) Giving or receiving of payments or benefits to achieve the consent of a person having control over another person
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(c) The purpose element (c) The purpose element
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(i) Exploitation of prostitution of others and other forms of sexual exploitation (i) Exploitation of prostitution of others and other forms of sexual exploitation
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(ii) Forced labour or services (ii) Forced labour or services
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(iii) Slavery (iii) Slavery
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(iv) Practices similar to slavery (iv) Practices similar to slavery
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(v) Servitude (v) Servitude
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(vi) Removal of organs (vi) Removal of organs
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(vii) Other forms of exploitation (vii) Other forms of exploitation
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2 Subparagraph (b): irrelevance of victim consent to intended exploitation 2 Subparagraph (b): irrelevance of victim consent to intended exploitation
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3 Subparagraph (c): no requirement of means for child trafficking 3 Subparagraph (c): no requirement of means for child trafficking
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4 Subparagraph (d): child 4 Subparagraph (d): child
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Cite
Abstract
This chapter assesses Article 3 of the Trafficking in Persons Protocol. Article 3(a) offers the first universally agreed definition of ‘trafficking in persons’, setting out the conduct to be criminalized in Article 5. Emerging as it did from the evolution of international law on both slavery and trafficking in women and children, the definition fuses the ‘process’ captured in legislation abolishing the slave trade, with the exploitative ‘result’ introduced by international instruments on trafficking of women and children preceding the Protocol. The resulting definition distinguishes between trafficking of adults and trafficking of children, the former comprised of three elements (an act, a means, and an exploitative purpose), and the latter only requiring two elements (an act and an exploitative purpose). Article 3(b) then clarifies that consent of the victim to the intended exploitation is irrelevant where specified ‘means’ have been used to traffic adults. Consent is always irrelevant in the case of child victims (defined in art 3(d) as persons under 18 years of age).
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