Child Trafficking in Europe

In the short term, the ILO Convention seeks to ensure
that States parties “shall take immediate and effec-
tive measures to secure the prohibition and elimina-
tion of the worst forms of child labour as a matter of
urgency” (article 1). In this context, the Convention
emphasizes the importance of free basic education
and, where possible, appropriate vocational training,
both as a preventive measure and as a means of
reintegration (article 7).
‘Worst forms of child labour’ includes among other
things (a) “all forms of slavery or practices similar to
slavery, such as the sale and trafficking of children,
debt bondage and serfdom and forced or compulsory
labour,…”; (b) “the use, procuring or offering of
a child for prostitution, for the production of pornography
or for pornographic performances”; (c) “the
use, procuring or offering of a child for illicit activities,
in particular for the production and trafficking
of drugs…”; (d) “work which…is likely to harm the
health, safety or morals of children” (article 3). The
ILO Convention No. 182 is framed by the Convention
on the Rights of the Child and defines a child as all
persons under the age of 18 (article 2).
Convention on protection of Children and
Co-operation in respect of intercountry adoption
The most important document governing the international
adoption of children is the Convention on
Protection of Children and Co-operation in Respect
of Intercountry Adoption (‘Hague Adoption Convention’).
46 It recognizes the subsidiarity of intercountry
adoption and is designed: “a) to establish safeguards
to ensure that intercountry adoptions take place in
the best interests of the child and with respect for his
or her fundamental rights as recognized in international
law”; b) “to establish a system of cooperation
amongst Contracting States to ensure that those
safeguards are respected and thereby prevent the
abduction, the sale of, or traffic in children”; and
c) “to secure the recognition in Contracting States
of adoptions made in accordance with the Convention”
(article 1). Moreover, it prohibits “improper
financial or other gain” from an activity related to an
intercountry adoption, noting that “only costs and
expenses, including reasonable professional fees of
persons involved in the adoption, may be charged or
paid” (article 32.2).
European initiatives
In addition to important international legal standards,
a strong regional and subregional framework
exists to prevent trafficking, most notably the 2005
Council of Europe Convention on Action against
Trafficking in Human Beings.
Council of Europe Convention on action against
Trafficking in human Beings
The Council of Europe Convention on Action against
Trafficking in Human Beings was adopted by the
Committee of Ministers on 3 May 2005. 47 The
Convention is open for signature and ratification
by Member States of the Council of Europe, non-
Member States that participated in its development
(Canada, the Holy See, Japan, Mexico and the United
States), as well as the European Community. It is
open for accession by other States. The Convention
received its 10th ratification in October 2007, which
will trigger its entry into force on 1 February 2008.
Divided into 10 chapters, the Convention covers a
broad range of measures, including: a) prevention
and cooperation; b) measures to protect and promote
the rights of victims; c) substantive criminal law; d)
investigation, prosecution and procedural law; and e)
international cooperation and cooperation with civil
society. The Convention contains law enforcement as
well as victim protection provisions, and applies to all
forms of trafficking, “whether national or transnational,
whether or not connected with organized crime.” 48
Special provisions for children are included throughout.
The Preamble recognizes that “all actions or initiatives
against trafficking in human beings must be
non-discriminatory, take gender equality into account
as well as a child-rights approach.” 49 Article 5 calls
upon States parties to “take specific measures to reduce
children’s vulnerability to trafficking, notably by
creating a protective environment for them”. While
this provision is very broad, the Explanatory Report
offers some background information about the concept
of the ‘protective environment’ and guidance
about the measures to be undertaken. 50 The Council
of Europe Convention represents an important step
forward to prevent and address child trafficking, and
European States should promote its ratification.
An important feature of the Convention is a monitoring
mechanism that will be established when
the Convention enters into force. This mechanism
will include a “group of experts against trafficking
in human beings” (GRETA), who will be mandated
to monitor implementation of the Convention and
produce regular reports that evaluate the measures
taken by the parties. Also responsible for monitoring
is “the Committee of Parties,” a political body made
up of representatives of parties to the Convention
from the Council of Europe Committee of Ministers
as well as non-council members. This Committee
can recommend that a party adopt certain measures
on the basis of the reports and conclusions submitted
by GRETA in order to promote the full and effective
implementation of the Convention.
Legislation on child trafficking 19