Taal document

Datum

24 mrt 2016

Documentsoort

Rapporten

Trefwoord

Human trafficking / trafficking in persons
Sexual exploitation
labour exploitation

Organisatie

United Nations Office on Drugs and Crime (UNODC)

THE CONCEPT OF ‘EXPLOITATION’ IN THE TRAFFICKING IN PERSONS PROTOCOL

Datum

24 mrt 2016

The United Nations Trafficking in Persons Protocol is considered to be the principal, legally binding global instrument to combat trafficking in persons. It defines trafficking in persons as constituting three elements: action, a "means" by which that action is achieved and a "purpose" (of the action / means): namely, exploitation. All three elements must be present to constitute ‘trafficking in persons’ except in relation to trafficking of children. The Protocol definition has been widely embraced by States and the international community. However, it has become evident that questions remain about certain aspects of the definition, most particularly those aspects that are not defined elsewhere in international law or commonly known to the world’s major legal systems. The risk that important concepts contained in the Protocol are not clearly understood and, therefore, are not consistently implemented and applied has been acknowledged by States Parties. Therefore it was recommended that UNODC would prepare a series of Issue Papers "to assist criminal justice officers in penal proceedings" on several concepts identified as problematic. The first Issue Paper, on the concept of 'abuse of a position of vulnerability and other 'means'' was completed and issued in 2012. The second study, which dealt with the issue of "consent" was completed and issued in 2014. The present study focuses on the third definitional concept identified as requiring attention: the concept of 'exploitation'.