The trafficking of children for purposes of sexual exploitation

Chapter 7
Trafficking of children for purposes of sexual
exploitation and the law: A review of current and
proposed South African legislation and selected
international human rights instruments
1. Introduction
This chapter highlights international, continental and national legal measures taken in the areas of
child prostitution, trafficking of children for this purpose, pornography, sex tourism and extraterritorial
legislation. During the twentieth century, international human rights and humanitarian
law have been advanced by the development of international instruments designed to promote the
rights, dignity and protection of all people. Children have also been a focus of such international
law. As such there is a body of international law that is geared specifically to halt both the sexual
exploitation of children and the trafficking of children for this purpose. These instruments generally
do not have the same focus on the exploitative use of children in pornography.
National legislation that deals with aspects related to the prostitution of children is covered in this
chapter. These pieces of legislation do not deal with the traffic in persons, for any purpose.
Whilst gaps in legislation exist, there are however legal remedies which can be employed by law
enforcement agencies. These remedies allow for the arrest, prosecution and conviction of traffickers
and sex exploiters, for offences related to the prostitution and sexual exploitation of children as well
as offences related to the traffic in children, such as abduction. These legal remedies are dealt with
in this chapter. The enforcement of the laws however poses a major challenge.
This chapter does not deal with problems related to child witnesses and the rights of alleged
offenders.
This legal review is underpinned by the belief that children should enjoy the right to respect. The
review has taken as its starting point that children have a right to protection of their human dignity.
In addition the 'best interests of the child', as reflected in the South African Constitution, and
International Instruments, such as, the United Nations Convention on the Rights of the Child, and
the African Charter on the Rights and Welfare of the Child, is a common thread throughout this
chapter.
2. International legal instruments
2.1 United Nations Conventions
International instruments to combat the traffic in children and women for the purpose of prostitution
date to 1904 with the League of Nations' International Agreement for the Suppression of the White
Slave Traffic (amended by Protocol of 3 December 1948) and its subsequent 1910 International
Convention for the Suppression of the White Slave Traffic (amended by Protocol of 3 December
1948).
Between 1904 and 1933 the League of Nations developed a number of international instruments
designed to combat the traffic in persons for prostitution and slavery. The League of Nations also
developed a treaty to combat the circulation and traffic of pornographic materials in 1923.
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