The trafficking of children for purposes of sexual exploitation

3. Terminology
The terms, "the child", "child prostitution", "commercial sexual exploitation", "sexual exploitation"
and "trafficking" are dealt with here. For explanations of other terms see the glossary in box 1.
3.1. Who is a child? Defining "the child"
South African legislation, through provisions in specific statutes and the Constitution, defines a
child as a person under the age of eighteen years. 15
The United Nations Convention on the Rights of a Child states that "a child means every human
being below the age of 18 years unless under the law applicable to the child the majority is attained
earlier." 16
This report adopts these definitions of the child.
A note on the use of the terms "girl" and "girls"
These terms are used here to denote the female child and do not reflect children and adult women in
the sex industry who refer to themselves as "girls".
Whilst we do not want to negate the females' in the industry's self-referencing, we view women and
children as two distinct social categories.
3.2. Defining child prostitution/commercial sexual exploitation of children/sexual exploitation
of children
Schurink et al 17 defines prostitution and child prostitution as follows:
"a prostitute is any person who gains his or her livelihood partly or wholly by indiscriminately, without affection,
exchanging sexual and/ or non-sexual activities (e.g. listening to someone's problems, going out with someone or acting
as someone's regular girl - or boyfriend) for money or for accommodation, food and/or other valuable articles."
With regard to child prostitution, Schurink et al 18 takes the view that any male or female under the
age of 18 years who is coerced or forced (in other words exploited or victimised) to provide sex for
money or goods is considered to be a child prostitute. (Emphases in the original)
In these terms, by highlighting the voluntary nature of adult prostitution and the involuntary nature
of child prostitution, Schurink et al essentially captures the most common activities associated with
prostitution. However, whereas this description depicts adults as active agents who benefit
financially and in other ways from prostitution, it clearly does not take the same view with regard to
child prostitution. Within this definition then it is clear that child prostitution can be and should be
regarded as a forced activity associated with coercion, dominance, violence and rape.
The United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child
Pornography defined child prostitution thus:
the act of engaging or offering the services of a child to perform sexual acts for money or other
consideration with that person or any other person.
Importantly, the Special Rapporteur, Mrs Calcetas-Santos, further noted that
15 The Child Care Act (--/1999), as amended. The Basic Conditions of Employment Act and Section 28(3) of the
constitution of the Republic of South Africa (108/1996) are important.
16 Article 1 of the UN Convention on the Rights of the Child. 1979
17 W. Schurink, E. Schurink and C. Smit: Children Involved in Prostitution: Exploring a social process to manage the
problem in South Africa, HSRC, 1995, p. 12
18 Ibid p. 12
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