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Child victims of trafficking. Who is a child?. A child in UK law is someone who is under 18 years of age. The law relating to child trafficking mirrors this, so when we are talking about child trafficking we mean children under the age of 18.
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Who is a child? • A child in UK law is someone who is under 18 years of age. • The law relating to child trafficking mirrors this, so when we are talking about child trafficking we mean children under the age of 18. • A person might be suspected or recognised as being a victim of trafficking once they are over 18, but if they were trafficked as a child they are still child victims of trafficking.
What is trafficking? The definition of human trafficking can be found in four places: 1. Palermo Protocol 20002. Council of Europe Convention on Action against Trafficking in Human Beings 20053. EU Directive 2011/36/EU4. Modern Slavery Act 2015 The common definition can be broken down into three parts: Movement Recruitment, transportation, transfer, harbouring or receipt of persons. Movement does not have to be across borders – internal trafficking within the UK also occurs. Control Threat, use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or the giving of payments or benefits to a person in control of the victim. Purpose Exploitation of a person, which includes prostitution and other sexual exploitation, forced labour, slavery or similar practices, and the removal of organs.
What is child trafficking? Children cannot give consent to being exploited, even if they are aware or agree to being moved, therefore the coercion or deception elements do not have to be present. In cases involving children the only elements that need to be present are: Purpose of exploitation Movement Thus any child who is moved into a situation of exploitation, or for the purposes of exploitation, is considered to be a victim of trafficking whether or not they have been forced or deceived.
Smuggled v trafficked These are often confused but there are important differences. Smuggling is the movement from one place to another across international borders, and usually involves the agreement of the smuggled person. Sometimes this distinction between smuggling and trafficking becomes blurred because what began as smuggling may become a situation of trafficking. Smuggling Smuggler provides a service to the migrant, transportation with consent Voluntary, short-term relationship ending on the migrant's arrival in the destination country Usually one-off payment Is always across a border Crime against the state (no victim) Trafficking A person is exploited by the trafficker as a commodity Involves a longer-term relationship with trafficker or network May be cross -border but can also be within one country Crime against the individual On-going payment from exploitation
Types of exploitation It is common for many victims of trafficking to have suffered multiple forms of exploitation, sometimes simultaneously. These include: Sex exploitation Involving both boys and girls, this can be used as a means of control or the main form of exploitation or both and can occur in a range of places including private homes, brothels and nightclubs. Domestic servitude Children are often kept away from school and health services, limiting possible interactions with professionals. They are responsible for all household chores and caring for children and often suffer physical, sexual or emotional abuse. They often live in a private fostering arrangement and may be controlled by African tradition which is being abused.
Types of exploitation Forced labour Working long hours in restaurants, agriculture and construction sites, with poor, living conditions and often suffering other physical or sexual abuse. Enforced criminality Many children are controlled by organised gangs for pick pocketing, ATM theft, DVD selling and cannabis cultivation. They can be controlled through debt bondage and locked in homes Benefit fraud Is on the increase, often with several false identities for the child and moving the child between addresses and the care of various adults.
The Council of Europe Convention on Action Against Trafficking in Human Beings 2005 • This very important convention came into force in the United Kingdom on 1 April 2009 and the UK is bound by its provisions. • It includes a number of specific child victim provisions. • The stated purpose of the convention is to prevent, protect and prosecute. • In order to achieve this, Article 1 of the convention envisages a multi-agency approach to identification of victims and combating trafficking. Particularly relevant articles • Article 10(3): where age of the child is unclear the child should be given the benefit of doubt, presumed to be a child with special protection whilst his or her age is verified. • Article 10(4): as soon as an unaccompanied child is identified as a victim, each party shall a) provide for representation of the child to be a legal guardian, organisation or authority which shall act in the best interest of the child.
How can you tell whether a child may be trafficked? Signs of child trafficking include a child who1: • Has no documents or has falsified documents • Has no access to their parents or guardians • Is seen in inappropriate places such as brothels or factories • Possesses unaccounted-for money or goods • Is permanently deprived of a large part of their earnings, required to earn a minimum amount of money every day or pay off an exorbitant debt • Has injuries from workplace accidents • Gives a prepared story which is very similar to stories given by other children • Spends a lot of time doing household chores • Rarely leaves their house, has no freedom of movement and no time for playing • Is orphaned or living apart from their family, often in unregulated private foster care • Lives in substandard accommodation • Isn't sure which country, city or town they're in • Is unable or reluctant to give details of accommodation or personal details • Might not be registered with a school or a GP practice
How can you tell whether an adult is involved in child trafficking? Signs that an adult is involved in child trafficking include: • Making multiple visa applications for different children • Acting as a guarantor for multiple visa applications for children • Travelling with different children who they are not related to or responsible for • Insisting on remaining with and speaking for the child • Living with unrelated or newly arrived children • Abandoning a child or claiming not to know a child they were previously with.
Who can you contact if you are worried about a child who may have been trafficked? If you are worried about a child there are a number of organisations that you can contact for advice and help. Some of these are: • NSPCC www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/child-trafficking/legislation-policy-guidance • Barnardo’swww.barnardos.org.uk/index.htm • Child Exploitation and Online Protection Centrewww.ceop.police.uk/Contact-Us/What-are-you-reporting • Refugee Council (Children’s Section).www.refugeecouncil.org.uk/contact • Modern Slavery Helplinewww.modernslavery.co.uk
Age disputes • Many children who have been trafficked either have no identity documents or have been given a false identity including a false date of birth • This can then lead to their age being assessed incorrectly as an adult rather than a child • Article 10 of the European Convention enshrines the concept of benefit of doubt in favour of the suspected child victim • Likewise the EU Directive places an obligation: ‘to ensure that where the age of a person subject to trafficking in human beings is uncertain and there are reasons to believe that the person is a child, that person is presumed to be a child in order to receive immediate access to assistance, support and protection.’ • There are lawyers known as age assessment lawyers or community care lawyers who can help to challenge an age assessment which the child disagrees with.
Children and the NRM • Any child who is moved into a situation of exploitation or is used for the purposes of exploitation is considered to be a child victim of trafficking whether or not they have been forced or deceived. This is because it is not considered possible for a child to give consent. • No consent is required from the child for a referral to the NRM. This position was explained to UKBA to ECPAT UK by email of 2009 in the following terms: ‘consent from the child for the referral may be obtained but not necessarily. In the same way as any child protection referral the referral will be made with or without the consent from the child’ • There is no requirement for the child to be interviewed for identification purposes under the Convention.
