CHILD Protection & Rights > Child Protection Issues.

International and National Framework Available in India to Fight Against Child Trafficking

International framework

The Convention on the Rights of the Child (1989).
The CRC asks States Parties:
- to take all appropriate “measures to combat the illicit transfer and non return of children abroad.”(Article 11.1)
- to “undertake to protect the child from all forms of sexual exploitation and abuse.” (Article 34)
- to “take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form” (Article 35), and,
- to “promote physical and psychological recovery and reintegration of a child victim” (Article 39).

The Optional Protocol to the Convention on the Rights of the Child (2002) on the sale of children, child prostitution and child pornography.
The Protocol insists on the criminalization of child prostitution and pornography.
Each State party shall ensure that, as a minimum, the sale of children, the “use” of a child for prostitution and pornography “are fully covered under its criminal or penal law, whether such offense are committed domestically or transnationally or on an individual or organized basis.”(Article 3.1)

The Optional Protocol to the UN Convention against Transnational Organized Crime (2000), known as the Palermo Protocol.
The Protocol defines trafficking in human beings. It clearly recognizes that there is no question of consent in the case of children who are trafficked. It contains detailed provisions on the obligations of legislatures to enact laws against child trafficking, on law enforcement and on the treatment of victims. Measures include criminalization of trafficking, appropriate penalties, protection of victims in receiving countries and information sharing between countries.

ILO Convention 182 on the Worst Forms of Child Labour (1999) includes child trafficking.

The Convention on the elimination of all forms of discrimination against women (CEDAW) (1979). Countries that have ratified this convention are legally bound to take appropriate measures against all forms of trafficking in women and exploitation of women. It applies consequently to the girl child but its articles are relevant only to the commercial sexual exploitation of children.

The SAARC Convention on Prevention and Combating the Trafficking in Women and Children for Prostitution.
The convention aims at promoting cooperation amongst member states to effectively deal with various aspects of prevention, prohibition and suppression of trafficking in women and children; repatriation and rehabilitation of victims of trafficking and preventing the use of women and children in international prostitution networks, particularly where the SAARC member countries are the countries of origin, transit and destination.

It provides for the protection of victims (Article 5), mutual legal assistance (Article 6), training and sensitisation of enforcement officials (Article 8), rehabilitation of victims (Article 9). Article 8.3 requires the State Parties to establish a Regional task Force comprising officials from the Member States to facilitate implementation of the provisions of this convention and to undertake periodic reviews.

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