The trafficking of children for purposes of sexual exploitation

such "obscene matters or things" punishable offences. The Convention allows for extradition as
offenders can be brought to trial in those signature countries in whose territories the offence, or any
of the constitutive elements of the offence, was committed. Offenders who are not tried in the
country where the offence was committed can be tried in their own country if they are found in its
territories, even if the constitutive elements of the offences were committed outside such territories.
• The Convention on the Elimination of All Forms of Discrimination against Women (1979) –
CEDAW
South Africa ratified this Convention in 1995. Article 6 obligates State Parties to take all
appropriate measures, including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women." The Gender Directorate in the Department of Justice in its
Gender Policy Statement of March 1999 committed itself inter alia to "creating a legal environment
to eliminate all forms of the trafficking in women and children." The Policy Statement further states
that this " framework will"
- ensure that all women and the girl child enjoy the right to freedom and security of the person
regardless of economic or occupational status,
- help eradicate the exploitation and abuse of, and discrimination against women involved in
prostitution or sex work and thus enable South Africa to comply with Article 6 of CEDAW.
• Convention on the Rights of the Child (1979) – CRC
South Africa ratified the Convention in 1995. The Convention in Article 1 defines a child as "every
human being below the age of eighteen years unless, under the law applicable to the child the,
majority is attained earlier." Article 3 of the CRC states that "in all actions concerning the child ...
the best interests of the child shall be of primary consideration" and in terms of this article "State
Parties undertake to ensure the child such protection and care as is necessary for his or her wellbeing."
The Convention contains a number of articles relevant to the issue of forced child
prostitution and the traffic in children for this purpose. These articles are addressed below.
Article 11 states that 'State Parties shall take measures to combat the illicit transfer and non-return
of children abroad' and that 'State Parties shall promote the conclusion of bilateral or multilateral
agreements or accession to existing agreements'.
Article 19(1) provides that
State Parties shall take all appropriate legislative, administrative, social and educational measures
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care of the child.
By ratifying this Convention South Africa undertook the obligation to introduce legislation that
expressly prohibits the trafficking of children and in so doing, successfully protect children from all
forms of violence and/or abuse. The Article also emphasises the need to provide legislative
procedures to implement the legislation in an effective manner. In addition, it highlights the
responsibility of every sphere in society, such as education, to take appropriate measures for the
protection of children against any violation of their rights.
Article 27(1) states that 'State Parties recognise the right of every child to a standard of living
adequate for the child's physical, mental, spiritual, moral and social development'.
Recognising this right, State Parties are obliged to combat conditions of socio-economic
underdevelopment and poverty of which an inadequate standard of living is characteristic. In
addition, State Parties should provide special protection to children who due to inadequate living
conditions are 'forced' into situations, such as sexual exploitation, which harm the safety and wellbeing
of children.
Article 34 deals with the protection of children from sexual exploitation and abuse and reads:
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