Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children
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The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also referred to as the Trafficking Protocol or UN TIP Protocol) is a
protocol Protocol may refer to: Sociology and politics * Protocol (politics), a formal agreement between nation states * Protocol (diplomacy), the etiquette of diplomacy and affairs of state * Etiquette, a code of personal behavior Science and technology ...
to the United Nations Convention Against Transnational Organized Crime. It is one of the three
Palermo protocols The Palermo protocols are three protocols that were adopted by the United Nations to supplement the 2000 Convention against Transnational Organized Crime (the Palermo Convention). They are: *the Protocol to Prevent, Suppress and Punish Trafficking i ...
, the others being the Protocol Against the Smuggling of Migrants by Land, Sea and Air and the
Protocol Against the Illicit Manufacturing of and Trafficking in Firearms The Protocol Against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition (Firearms Protocol) is a treaty on anti-arms trafficking including Small Arms and Light Weapons that is supplemental to the Conv ...
. The protocol was adopted by the United Nations General Assembly in 2000 and entered into force on 25 December 2003. As of November 2022, it has been ratified by 180 parties. The United Nations Office on Drugs and Crime (UNODC) is responsible for implementing the protocol. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them. In March 2009, UNODC launched the Blue Heart Campaign to fight human trafficking, to raise awareness, and to encourage involvement and inspire action. The protocol commits ratifying states to prevent and combat trafficking in persons, protecting and assisting victims of trafficking and promoting cooperation among states in order to meet those objectives.


Content of the protocol

The protocol covers the following: *Defining the crime of
trafficking in human beings Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extracti ...
; To be considered trafficking in persons, a situation must meet three conditions: act (i.e., recruitment), means (i.e., through the use of force or deception) and purpose (i.e., for the purpose of forced labour) ::"Trafficking in persons" 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... The consent of a victim of trafficking in persons to the intended exploitation set forth
bove Bove is a surname. Notable people with the name include: * Carol Bove (born 1971), American artist * Davide Bove (born 1998), Italian footballer * Edward Bove, American surgeon * Linda Bove (born 1945), deaf American actress * Raphael Bove (born 19 ...
shall be irrelevant where any of the means set forth
bove Bove is a surname. Notable people with the name include: * Carol Bove (born 1971), American artist * Davide Bove (born 1998), Italian footballer * Edward Bove, American surgeon * Linda Bove (born 1945), deaf American actress * Raphael Bove (born 19 ...
have been used. *Facilitating the return and acceptance of children who have been victims of cross-border trafficking, with due regard to their safety *Prohibiting the trafficking of children (which is defined as being a person under 18 years of age) for purposes of commercial sexual exploitation of children (CSEC), exploitative labour practices, or the removal of body parts *Suspending parental rights of parents, caregivers, or any other persons who have parental rights in respect of a child should they be found to have trafficked a child *Ensuring that definitions of trafficking reflect the need for special safeguards and care for children, including appropriate legal protection *Ensuring that trafficked persons are not punished for any offences or activities related to their having been trafficked, such as prostitution and immigration violations *Ensuring that victims of trafficking are protected from deportation or return where there are reasonable grounds to suspect that such return would represent a significant security risk to the trafficked person or their family *Considering temporary or permanent residence in countries of transit or destination for trafficking victims in exchange for testimony against alleged traffickers, or on humanitarian and compassionate grounds *Providing for proportional criminal penalties to be applied to persons found guilty of trafficking in aggravating circumstances, including offences involving trafficking in children or offences committed or involving complicity by state officials *Providing for the confiscation of the instruments and proceeds of trafficking and related offences to be used for the benefit of trafficked persons The convention and the protocol obligate ratifying states to introduce national trafficking legislation.


Regional action against trafficking in human beings

In Warsaw on 16 May 2005, the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
Convention on Action against Trafficking in Human Beings The Council of Europe Convention on Action Against Trafficking in Human Beings is a regional human rights treaty of international human rights law by the Council of Europe. The Convention aims to: * prevent and combat all forms of human trafficki ...
was opened for accession. The convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the convention through country reports. It has been ratified (as of January 2016) by 45 European states, while a further one state (Turkey) has signed but not yet ratified it. Complementary protection is ensured through the Council of Europe
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse The Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse, also known as the Lanzarote Convention is a Council of Europe multilateral treaty whereby states agree to criminalise certain forms of se ...
(
Lanzarote Lanzarote (, , ) is a Spanish island, the easternmost of the Canary Islands in the Atlantic Ocean. It is located approximately off the north coast of Africa and from the Iberian Peninsula. Covering , Lanzarote is the fourth-largest of the i ...
, 25 Oct 2007). In addition, the European Court of Human Rights of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
in
Strasbourg Strasbourg (, , ; german: Straßburg ; gsw, label=Bas Rhin Alsatian, Strossburi , gsw, label=Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the Eu ...
has passed judgments involving trafficking in human beings which violated obligations under the European Convention on Human Rights: ''Siliadin v France'', judgment of 26 July 2005, and ''Rantsev v Cyprus and Russia'', judgment of 7 January 2010. The Council of Europe co-operates closely with the United Nations.


See also

* Child laundering * Child harvesting * Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others * International Convention for the Suppression of the Traffic in Women and Children * List of international adoption scandals


References


External links


UNODC siteRatifications TIP Protocol – UN Treaty Collection
* ttps://www.coe.int/en/web/anti-human-trafficking GRETA action by the Council of Europebr>Warsaw Convention on Action against Trafficking in Human BeingsLanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
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