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Lost Kids, Lost Futures. The European Union's Response to Child Trafficking

Document number
1194
Date
2004
Title
Lost Kids, Lost Futures. The European Union's Response to Child Trafficking
Author/publisher
Mirjam van Reisen, Ana Stefanovic, Terre des Hommes
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
Best Interests Principle, Child Victims of Trafficking, Separated Migrant Children, Unaccompanied minors, Convention on the Rights of the Child (CRC), Child protection systems, Child Trafficking, Child Prostitution, Child Pornography,
Summary
This paper looks at how the European Union (EU) has chosen to respond to the challenge of chld trafficking and assesses critically the legal, policy and implementation framework put in place to fight child trafficking. Noting the ways in which the EU has responded to child trafficking through the analysis of its legislative and policy framework, this study draws up a series of conclusions and recommendations addressed primarily to the EU institutions and European government agencies which will have to shape appropriate responses to the specific issue of child trafficking. Firstly, a definition must be provided that would apply to child trafficking for a number of exploitative purposes, including commercial sexual exploitation, marriage, adoption, slavery or bonded labour, hazardous child labour, domestic servitude, begging and involvement in illicit activities, and trafficking in organs, in order to ensure that all children are protected. Secondly, it is imperative that child trafficking is recognised by the EU as a specific policy area in its own right. Such a policy must be rooted firmly in children’s rights and will need to recognise that children are particularly vulnerable to trafficking and require special measures to reflect this. Thirdly, the EU development and humanitarian aid policy should play a central prevention role by making a strong commitment to focus on children’s rights through an overall rights-based approach to development and humanitarian aid. Ensuring birth registration and the right to basic education are among the particularly important strategies to prevent child trafficking in third countries. Fourthly, in addition to the relevant international treaties and conventions related to trafficking and children’s rights, non-binding instruments issued by UN agencies provide important measures that the EU should include in its policies. It is recommended that the EU creates a new legally binding instrument on the protection and rehabilitation of child victims of trafficking which would recognise the special needs of children once they have been trafficked to the EU, regardless of whether they are party to criminal proceedings or not.
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