12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

356 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“Option 2“Scope <strong>of</strong> application and definitions“1. The provisions <strong>of</strong> <strong>this</strong> Protocol shall apply to any child or woman who is,or habitually resides, in a State Party at the time <strong>of</strong> commission <strong>of</strong> an act <strong>of</strong> internationaltrafficking <strong>of</strong> which that person is a victim.“2. For the purposes <strong>of</strong> <strong>this</strong> Protocol, the following definitions shall apply:“(a) ‘Child’ shall mean any person under eighteen years <strong>of</strong> age;“(b) ‘Trafficking in children’ shall mean any act carried out or to be carriedout for an illicit purpose or aim by a criminal organization, jointly or through any <strong>of</strong>its members, that involves:“(i) Promoting, facilitating or coordinating the kidnapping, holding orhiding <strong>of</strong> a child, with or without his or her consent, for pr<strong>of</strong>it or otherwise,repeatedly or on one occasion; or“(ii) Offering, delivering or receiving a child in exchange for money orany other payment in kind, or serving as an intermediary in those acts;“(c) ‘Trafficking in women’ shall mean any act carried out or to be carried outfor an illicit purpose or aim by a criminal organization, jointly or through any <strong>of</strong> itsmembers, whether on behalf <strong>of</strong> another or not, whether for pr<strong>of</strong>it or not and whetherrepeatedly or not, that involves:“(i) Promoting, facilitating or coordinating the kidnapping, holding orhiding <strong>of</strong> a woman, with or without her consent, for illicit purposes or inorder to force her to perform, not perform or tolerate an act or to subjecther unlawfully to the power <strong>of</strong> another person;“(ii) Transporting a woman to or facilitating her entry into another State;“(d) ‘Illicit purpose or aim’ shall mean:“(i) Reduction to slavery, servitude or other similar condition;“(ii) Maintenance <strong>of</strong> a person in such a condition in order to demand, underthe threat <strong>of</strong> some penalty, the performance <strong>of</strong> forced and compulsory labourto which the person has not voluntarily consented or in order to force theperson, in accordance with custom or by agreement, for payment or free <strong>of</strong>charge, to provide certain services without the freedom to change his or hercondition;“(iii) The prostitution or other form <strong>of</strong> sexual exploitation <strong>of</strong> a woman orchild, even with the consent <strong>of</strong> that person;“(iv) Any means <strong>of</strong> production, distribution or importation, in their presentor future form, <strong>of</strong> graphic or audio-visual material focused on the sexualconduct <strong>of</strong> women or children or on the genitals <strong>of</strong> such persons;“(v) The organization, promotion or use <strong>of</strong> tourism-related activities orjourneys involving the sexual exploitation <strong>of</strong> women;“(vi) Promoting, facilitating or coordinating acts aimed at renderinguncertain, changing or annulling the marital status <strong>of</strong> a woman, in anymanner or by any means, whether for payment or not or for the promisethere<strong>of</strong>, whether in accordance with a traditional or customary practice ornot and with or without the use <strong>of</strong> threats or abuse <strong>of</strong> authority; 21 or“(vii) Extraction <strong>of</strong> body organs or organic tissue.” 2221At the informal consultations held during the fifth session <strong>of</strong> the Ad Hoc Committee, many delegations suggestedretaining in the draft protocol the concept contained in subparagraph 2 (c) (vi).22At the informal consultations held during the fifth session <strong>of</strong> the Ad Hoc Committee, many delegations suggestedthat <strong>this</strong> type <strong>of</strong> exploitation should be covered under the protocol.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!