The trafficking of children for purposes of sexual exploitation

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.
For these purposes, States Parties shall in particular take all appropriate national, bilateral and
multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity
(b) The exploitative use of children in prostitution or other unlawful sexual practices
(c) The exploitative use of children in pornographic performances and materials.
Article 35 places an obligation upon State Parties 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.
Articles 34 and 35 highlights not only the need for national legislation to protect children from
sexual exploitation, as well as trafficking for the purpose of sexual exploitation, but also the
importance of and necessity for bilateral and multilateral agreements. Those agreements would be
of particular value in addressing the 'best interests' of child victims of cross-border trafficking.
Article 37 focuses on the deprivation of a child's liberty and states that State Parties shall ensure
that:
a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment
b) No child shall be deprived of his or her liberty unlawfully or arbitrarily
c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons of
his or her age
d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or
her liberty before the court or other competent, independent and impartial authority, and to a
prompt decision on any such action.
The above mentioned inherent rights of liberty and dignity, as well as to human and non-degrading
treatment is especially of importance to the child offender of trafficking activities and sexual
exploitation. Even if a child is committing an offence and prosecuted therefore, this does not negate
the obligation to act in the 'best interest of the child'.
Article 39 is aimed at the obligation of State Parties relating to the recovery of child victims and
reads:
State Parties shall take all appropriate measures to promote physical and psychological recovery
and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or
any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such
recovery and reintegration shall take place in an environment which fosters the health, self-respect
and dignity of the child.
This emphasises that State Parties to this Convention, including South Africa, are obliged to protect
child survivors of sexual exploitation from any further victimisation. It also implies an obligation to
take all necessary steps to enable and facilitate the recovery and reintegration of such children.
Selected articles from the CRC appear in Appendix 2
• Optional Protocol to the Convention on the Rights of the Child (not yet in force)
South Africa signed this Protocol in 2000. The protocol has its origins in the 8 March 1995
resolution by the Commission on Human Rights which resolved that "the open-ended intersessional
working group of the Commission … for the elaboration of guidelines on a possible
optional protocol on the sale of children, child prostitution and child pornography, shall elaborate
… a draft optional protocol" on the issues.
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