Chapter 13 - Children in need of special protection - Children's ...

64713.7.2 Trafficking in children for purposes of commercial sexualexploitationThis section focusses only on trafficking 200 in children for purposes of commercial sexualexploitation. As we have seen, 201 trafficking in children is not limited to the commercial sexualexploitation of those children and legal provisions need to cover trafficking for other purposessuch as, for example, labour or organ removal. To this end, we have recommended the inclusionof specific child anti-trafficking provisions in the new children’s statute. 202 For an overview ofhow the current South African legal system deals with the problem of trafficking in children, thereader is referred to 22.5.3 below.Although South Africa has no anti-trafficking legislation, several legal remedies in the ChildCare Act, 1983 can be used to protect children who have been or are being trafficked forpurposes of commercial sexual exploitation. The Child Care Act, 1983, as amended, stipulatesthat a child is a child in need of care if the child (a) has been abandoned or is without visiblemeans of support, (b) lives in circumstances likely to cause or conduce to his or her seduction,abduction or sexual exploitation, (c) lives in or is exposed to circumstances which may seriouslyharm the physical, mental or social well-being of the child, (d) is in a state of physical or mentalneglect, and (e) has been physically, emotionally or sexually abused or ill-treated by his or herparents or guardian or the person in whose custody the child is. 203 A trafficked child can thus bedeclared a child in need of care and placed in suitable alternative care in terms of this Act. TheAct makes it a criminal offence for any parent or guardian of a child or any person having thecustody of a child to ill-treat that child or allow that child to be ill-treated. 204 Ill-treatment perdefinition will certainly include trafficking of children for commercial sexual exploitation. TheAct further declares the participation or involvement by any person in the commercial sexualexploitation of a child an offence. 205 It is also unlawful in terms of the Child Care Act, 1983 toabduct or harbour an abducted child. 20613.7.3 Comparative systems in other countries200 For a definition of trafficking, see chapter 22 at 22.5.1 below.201 See chapter 22 at 22.5.1below.202 See section 22.5.4 below.203 Section 14(4)(AB) of the Child Care Act, 1983.204 Section 50(1) of the Child Care Act, 1983.205 Section 50A of the Child Care Act, 1983.