International Instruments
Legal instruments
European Convention on Action against Trafficking in Human Beings
- Adopted on 16 May 2005
- 40 signatories (as of17 November 2008)
- 19 Ratifications
- Regional treaty focusing on the protection of victims of trafficking and their rights,and also on the prevention oftrafficking and prosecution oftraffickers. It applies to all forms of human trafficking. It provides for the setting up of a monitoring mechanism.
- http://www.coe.int/T/E/human_rights/trafficking/PDF_Conv_197_Trafficking_E.pdf
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (‘Palermo Protocol’)
- Adopted by UN GA resolution A/RES/55/25 of 15 November 2000, entered into force 25 December 2003
- 128 State Parties,117 signatories (as of 2008)
- Universal crime prevention treaty focusing on law enforcement response to humantrafficking and the protection of its victims, with some guidelines on human rights protection of victims. It contains a legal definition of trafficking in persons, provisions on criminalization of human trafficking in national law, measures of prevention and cooperation, and provisions on assistance to victims. It relates only to transnational human trafficking involving an organized criminal group.
- http://www.ohchr.org/english/law/protocoltraffic.htm
SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution
- Adopted by the Eleventh SAARC Summit, 5 January 2002
- Sub-regional treaty promoting co-operation of States in the prevention and suppression of human trafficking. It stipulates the obligation of State Parties to criminalize human trafficking, to prosecute its perpetrators and to co-operate in this respect; and to protect victims of trafficking.
- http://www.saarc-sec.org/old/freepubs/conv-traffiking.pdf
Rome Statute of the International Criminal Court
- Adopted by UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998, entered into force 1 July 2002
- 108 State Parties, 148 signatories (as of 10 November 2008)
- Universal treaty establishing the International Criminal Court with jurisdiction over the crime of genocide, crimes against humanity, war crimes and the crime of aggression. Trafficking in persons is included in the definition of ‘enslavement’ within the category of crimes against humanity.
- http://www.un.org/law/icc/statute/romefra.htm
Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Pornography
- Adopted by UN GA resolution 54/263 of 25 May 2000, entered into force 18 January 2002
- 100 State Parties, 116 signatories (as of2008)
- Universal human rights treaty focusing on the prohibition of the sale of children, child prostitution and pornography; criminalization of such acts, prosecution of their perpetrators and co-operation in this respect; and protection of victims of such acts.
- http://www.unhchr.ch/html/menu2/6/crc/treaties/opsc.htm
Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women
- Adopted by UN GA resolution A/54/4 on 6 October 1999, entered into force 22 December 2000
- 72 State Parties, 76 signatories (as of 15 September 2005)
- Universal human rights treaty establishing a complaint procedure enabling women who are under the jurisdiction of the State Party to this protocol to submit a complaint to the CEDAW Committee on alleged violation of any right stipulated in the CEDAW Convention.
- http://www.unhchr.ch/html/menu3/b/opt_cedaw.htm
ILO Worst Forms of Child Labor Convention No. 182
- adopted by the General Conference of the International Labor Organization at its eighty-seventh session, 1999, entered into force 19 November 2000
- 156 State Parties (as of 10 October 2005)
- Universal treaty containing an obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labor. This includes all forms of slavery or practices similar to slavery, such as the sale and trafficking in children.
- http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182
Inter-American Convention on International Traffic in Minors
- Adopted by the Fifth Inter-American Specialized Conference on Private International Law, 18 March 1994, entered into force 15 August 1997
- 11 State Parties, 9 signatories (as of 2008)
- Regional treaty aiming to ensure the protection of minors against trafficking. It stipulates the obligation of State Parties to institute a system of mutual legal assistance dedicated to the prevention and punishment of the international trafficking in minors and ensure the prompt return of minors who are victims of international traffic to the State of their habitual residence, bearing in mind the best interests of the minors.
- http://www.oas.org/juridico/english/Treaties/b-57.html
Convention on the Rights of the Child (‘CRC’)
- Adopted by UN GA resolution 44/25 of 20 November 1989, entered into force 2 September 1990
- 193 State Parties, 2 signatories (as of December 2008)
- Universal human rights treaty containing a comprehensive set of children’ rights. State Parties are obliged to protect children against all forms of exploitation and to take all measures to prevent the abduction, sale and traffic in children. The Committee on the Rights of the Child monitors the implementation of the CRC Convention by State Parties through consideration of their periodic reports.
- http://www.unhchr.ch/html/menu3/b/k2crc.htm
Convention on the Elimination of all Forms of Discrimination against Women (‘CEDAW’)
- Adopted by UN GA resolution 34/180 of 18 December 1979, entered into force 3 September 1981
- 185 State Parties, 98 signatories (as of 15 September 2008)
- Universal human rights treaty prohibiting discrimination against women in all aspects of life. The convention also obliges State Parties to suppress all forms of traffic in women and the exploitation of prostitution of women. The Committee on the Elimination of all Forms of Discrimination against Women monitors the implementation of the CEDAW Convention by States Parties through consideration of periodic reports.
- http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery
- Adopted by a Conference of Plenipotentiaries on 7 September 1956, entered into force on 30 April 1957
- 119 State Parties, 35 signatories (as of 10 October 2005)
- Universal treaty stipulating the obligation to take steps to complete the abolition of practices similar to slavery, including the practice whereby a child is delivered to another person with a view to the exploitation of the child.
- http://www.ohchr.org/english/law/slavetrade.htm
Slavery Convention
- signed at Geneva on 25 September 1926, entered into force 17 July 1955
- 95 State Parties (As of 10 October 2005)
- Universal treaty containing obligations to take steps to prevent and suppress the slave trade and to bring about the complete abolition of slavery.
- http://www.unhchr.ch/html/menu3/b/f2sc.htm
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