The trafficking of children for purposes of sexual exploitation

This Optional Protocol to the CRC thus deals with activities surrounding the sale of children, child
prostitution and child pornography. The Protocol is not yet in force.
The Protocol states in its Preamble that State Parties to this Protocol are:
Gravely concerned at the significant and increasing international traffic of children for the purpose
of the sale of children, child prostitution and child pornography.
Deeply concerned at the widespread and continuing practice of sex tourism, to which children are
especially vulnerable, as it directly promotes the sale of children, child prostitution and child
pornography.
Recognising that a number of particularly vulnerable groups, including girl children, are at greater
risk of sexual exploitation, and that girl children are disproportionately represented among the
sexually exploited. …
Believing that the elimination of the sale of children, child prostitution and child pornography will
be facilitated by adopting a holistic approach, addressing the contributing factors, including
underdevelopment, poverty, economic disparities, inequitable socio-economic structure,
dysfunctioning families, lack of education, urban-rural migration, gender discrimination,
irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking
of children.
The above stated concerns in the Preamble to the Optional Protocol directly address the South
African reality of increasing sexual exploitation of children and the related trafficking of children.
That South Africa signed the protocol indicates its commitment to the eradication of the sale of
children, child prostitution and child pornography.
The Optional Protocol primarily emphasises two main obligations of State Parties. Firstly it
highlights the need to initiate and/or strengthen international co-operation by multilateral, regional
and bilateral agreement and arrangement to combat the sale of children, child prostitution and child
pornography. Secondly it emphasises the importance of protecting the rights and interests of child
victims.
Ratification of this Optional Protocol would place, amongst other things, an obligation upon South
Africa to enter into bilateral and multilateral arrangements and to adopt measures which would
protect the rights and interest of child victims. Such measures could especially protect child victims
of cross-border trafficking and could ensure that the rights and interests of children would not be
violated after arriving in their country of origin, but taken care of and protected. It could also place
the obligation on South Africa to 'maintain a child in safety' in South Africa until such time as the
safety and care of that child in the country of origin could be guaranteed.
The following only states the content of certain Articles of this Optional Protocol and does not
discuss them, since it is not yet in force.
Article 1 of the Protocol places an obligation on State Parties to prohibit the sale of children, child
prostitution and child pornography.
Article 2 defines:
'sale of children' as 'any act or transaction whereby a child is transferred by any person or group of
persons to another for remuneration or any other consideration'; and
'child prostitution' as 'the use of a child in sexual activities for remuneration or any other form of
consideration'.
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