International Law and Child Rights: Trafficking Case Analysis Report

This report critically analyzes the extent to which children's rights are adequately protected in cases of child trafficking, examining both domestic and international legislation and case law. It begins with an overview of child rights as defined by the Convention on the Rights of the Child (CRC) and the efforts of international bodies to protect children. The report highlights the prevalence of child trafficking globally, emphasizing the vulnerability of children and the various forms of exploitation they face, including forced labor, sexual exploitation, and forced recruitment into armed forces. It delves into the UNCRC, its articles concerning child trafficking, and its impact on national laws. The analysis includes the role of international protocols and the challenges in implementing and enforcing these laws. The report provides a comprehensive overview of the legal framework designed to combat child trafficking, the effectiveness of these measures, and the gaps that remain in ensuring children's safety and well-being. The report also examines the role of international organizations and non-profit organizations in implementing and regulating the laws and the impact of the laws at the global level. It concludes with a discussion of the ongoing challenges and potential improvements in protecting children's rights and preventing child trafficking.

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Child Rights
International situation of Child Trafficking
1/16/2020
Student Credentials

Criminal/International Law 1
Introduction
Background
Child rights in general are the basic rights as a human provided to the children. Each child
here includes all children despite their age, wealth, gender, birthplace or even race for that
fact. The said rights are clearly stated in the International Law under the name of CRC or the
Convention on the Rights of the Child. According to this, each child should be treated with
dignity, fairness and equality. The convention of the child rights actually are in the best
interest of the children and need to be non- discriminatory in any manner1.
Throughout the years, there have been certain efforts made by the local authorities so as to
protect the children from harm as such. Before the convention of 1989 related to the child
rights came into existence, the states on their own were trying to implement certain laws in
accordance with the protection of children from situations that might affect their childhood.
After the convention came into existence certain declarations and as such were signed by the
states in order to promote child protection in their jurisdictions. The provisions mentioned in
these conventions and declarations were being widely followed by these nations in direct as
well as indirect ways; direct as in when certain regulations were directly for children and
indirect when these regulations talked about protecting women and families2.
UNCRC or the United Nations Children’s Rights Convention considers almost every
individual who is under the age of 18 years apart from the cases where the law states that the
child has certain age criteria to follow in order to become an adult3. The child rights as stated
by the UN talk about the certain protection that shall be provided to the children and not just
1 Humanium, "Convention On The Rights Of The Child - Humanium", Humanium (Webpage, 2019)
<https://www.humanium.org/en/convention/>.
2 Jenna Gillett-Swan and Vicki Coppock, Children's Rights, Educational Research And The UNCRC (Symposium
Books, 2016).
3 Worldvision, "Child Rights - History, Facts And How To Protect Them | World Vision Australia",
Worldvision (Webpage, 2019) <https://www.worldvision.com.au/child-rights>.

Criminal/International Law 2
protection but also assistance as they are the ones who are regarded as vulnerable4. As per the
CRC’s statements, every child must be raised in the environment where there is tolerance,
peace, solidarity, equality and freedom. As per the laws of the UN all the nations need to
provide these rights as such and facilitate the growing up of children and provide better life
for them5.
Research Problem
Apart from so much progress that every state and country in the world has been a part of, the
children or the future of these countries and states is still living deprived of their basic rights.
The violence and conflicts as well as the climate change has started affecting the children’s
lives in the recent times in a drastic manner. As per the current scenario of the world, an
approximate of around 800 million children are currently living in situations which are fragile
and the areas as such are conflict affected in some or the other way. In such a circumstance, it
often happens that the child rights as such are denied and also the childhood of these children
is spent in slavery, abuse and exploitation.
Thesis Statement
Critical analysis of what is current situation of child protection throughout the world be it in
general sense or in relation with the child trafficking.
Worldwide Child Rights Protection
UNCRC or the United Nations Convention on the Rights of the Child is an international
agreement that is legally binding on almost all the nations in respect to them agreeing to do
so as in by being the member of the convention, the nations have agreed upon abiding by its
laws. These rights refer to almost all aspects of the rights required for the well- being of a
4 Loc.gov, "Children's Rights: International Laws | Law Library Of Congress", Loc.Gov (Webpage, 2020)
<https://www.loc.gov/law/help/child-rights/international-law.php>.
5 UNICEF, "Child Rights And International Legal Framework", UNICEF (Webpage, 2019)
<https://www.unicef.org/tdad/index_56373.html>.

Criminal/International Law 3
child. These can be in reference with the rights of the child related to political, cultural, civil,
social and economic development despite of them being a part of certain religion, race or
wealth related abilities.
This convention comprises of almost 54 articles which lead the governments to the way in
which they need to work to protect as well as make these rights easily available to children.
Though there has been a long time since UNRC came into existence, but the current situation
in relation with protection of child rights is still a long way to go. On international level, CRC
as such has rendered to issues such as improvement in education or providing education to
children as well as the reducing of the mortality rate of children as well as providing children
with their alienated rights all of these have been covered to an extent in today’s world6.
Instead of the focus being upon the funding, though funding is necessary the focus right now
needs to be upon the global partnership with the UNCRC in order to help out children
wherever in need throughout the world. Awareness related to the child’s basic needs is the
necessary to be recognised by the governments so as to implement laws as such for the
benefit of the children in the country or states for that matter so that the children can actually
reach their full potential7. The basic idea here is that each and every child has a set of basic
fundamental rights being a human. These rights include the rights they have for;
 Development as a human while growing up, survival as well as leading a good life.
 Right of being protected from any kind of abuse, violence or abuse be it on part of the
parents as well as any outsider as well.
 Right to get educated in order to attain full potential the child beholds.
 Having contact or relation with their parents for that matter or even being raised by
them.
6 Murli Desai, Introduction To Rights-Based Direct Practice With Children (Springer, 2018).
7 Asha Bajpai, Child Rights In India: Law, Policy, And Practice By (Oxford University press, 3rd ed, 2017).

Criminal/International Law 4
 Children also have a right to be listened to or even express when they want to their
opinions regarding an issue or it can be something they have to express.
In the year 2000, the UNRC added two major protocols which were optional. Out of which
one rendered to the aspect where children were being recruited by the armed forces forcibly
which was stopped under this protocol. Now according to the protocol mentioned, the
government has to make sure that there is no forceful recruitment of children below 18 years
of age in the armed forces. Another protocol that was introduced by the UNCRC was to
prohibit any kind of child abuse specifically, sale or purchase of children for slavery or child
pornography or even any kind of child prostitution8. Due to these being some of those areas
where children are abused the most as the children are unaware of the situation surrounding
them and hence, making them vulnerable to such situations. These protocols have been
adopted by 120 states and growing. Children being innocent enough not to understand the
situation well become vulnerable to situations where they as well as their rights get exploited
often. Trafficking of children is one of the common areas where criminal activities in relation
with children take place.
Also a third protocol got introduced in the year 2011. That enables the children themselves to
file a complaint with the UN Committee on the rights of the child if the child’s rights as a
human have been violated in any way. Now these rights can be in relation with personal
rights being violated, political, religious or any as such for that matter9.
Since the UNRC came into existence in the November 1989, since then around 194 countries
have already signed up becoming a member of the UNCRC while out of all only two of these
countries are left to be a part of this convention. And all the others that have already become
8 Ella Cockbain and Kristen Olver, "Child Trafficking: Characteristics, Complexities, And Challenges" [2019] Child
Abuse and Neglect.
9 Phil Jones and Sue Welch, Rethinking Children's Rights: Attitudes In Contemporary Society (Bloomsbury
Publishing, 2018).

Criminal/International Law 5
a member of the convention as such are bound in order to work as per the laws that are stated
in the international laws so that each member country adheres to the laws made in order to
protect children from abuse or any other harmful scenario that might affect their childhood.
This figuring out that each country adheres to these laws and regulates them in accordance
with these laws is done by the Committee on the Rights of the Child10. UNCRC has also
delegated this power to regulate the laws and see if these are being implemented properly
under the Article 45a to various other non -profit organizations in different countries so that it
becomes easier to control the situation11.
In order to give a small idea of what the situation is in the current times globally is small
children aged 11-12 years are being hired by fireworks manufacturing companies in which
they make these children work mostly around 12-16 hours a day. The only time these
children get by themselves is to sleep. The conditions they work in are also not good; so
many children are stuffed in a small room for work as well as for sleep. And this is a usual
sight in remote areas of Nepal and India. These children are deprived of their rights as a basic
human being and treated as slaves in certain circumstances.
Despite the fact that so many measures have already been taken in order to prioritize the
children rights and their protection to become one of the most important aspects as such for
the government, still not much has been done and still there are so many countries where the
implementation is not done in the manner it should be done. Children in certain countries
have been living under conditions that are not actually liveable even for the fully grown -ups.
Those children who have been living deprived of basic necessities in the areas where
conflicts are common and going through certain worst situations of poverty12.
10 Claire Fenton-Glynn, Children's Rights And Sustainable Development (Cambridge University Press, 2019).
11 Ann Quennerstedt, Carol Robinson and John I’Anson, "The UNCRC: The Voice Of Global Consensus On
Children’S Rights?" (2018) 36(1) Nordic Journal of Human Rights.
12 Alinka Gearon, "Child Trafficking: Young People’S Experiences Of Front-Line Services In England" (2018)
59(2) The British Journal of Criminology.

Criminal/International Law 6
Child trafficking as a problem globally
The UNCRC has taken into consideration the situation of Child Trafficking very seriously
and has regarded to this issue specifically in the convention. Under the Article 35 of UNCRC
it talks about measures to prevent any kind of kidnapping, or even trafficking of children as
such be it sale or purchase in any form. According to the Article or the whole convention as
such in fact, the term sale as well as purchase refers to a transaction being carried out where a
small child is being exchanged for a certain amount or remuneration by a certain person to
another person or a group of people for that matter. This convention also renders to another
aspect which is child prostitution as in where a child is used for certain sexual activities in
exchange for some money or remuneration for that matter as consideration or any other form
of as such. It also covers child pornography, where child is being involved in sexual activity
and the same is being recorded. All of these are prohibited and punishable under the
convention which is UNCRC13.
Though there are not many case laws related to the same issue as these cases are not
promoted much but there are recorded instances where so many small children on usual basis
are being trafficked each day. In order to gain huge profits, human traffickers try to find
people who are vulnerable. The issue does not just concern to child trafficking but human
trafficking in general is a huge issue that needs to be tended to at a much stricter level.
Children being lost, vulnerable, without the supervision of elders and even in some cases due
to their family members themselves are being sold and bought throughout the globe. As the
discussion goes on, there is another child being trafficked in the world. Though this might
seem negative but this is the harsh reality of the present times. Dubai is one country where
human trafficking is widely done, for slavery, for keeping small children as servants and also
for various other reasons.
13 Defence for Children, "Child Trafficking - Defence For Children", Defence For Children (Webpage, 2020)
<https://defenceforchildren.org/thematic-areas-2/child-trafficking/>.

Criminal/International Law 7
Despite the fact there are rules and certain regulations by which all of these acts can be
prevented, it is being implied only to an extent where it is unable to reach to certain places
where the regulation of such laws is necessary. There are still so many children whose lives
depend upon being trafficked and getting trapped in the system as such. Trafficking of
children refers to children being exploited as per the owner’s wish and being treated as an
object14. This does not just disrupt the rights these children have as normal humans, but also
hinders with the mental upliftment of the children and this leads to denying of the opportunity
as such for these children to reach their own full potential. Around 1.2 million children every
year are being trafficked on regular basis throughout the world15.
Activities as such are conducted through black market, as they are punishable in the legal
system. Hence, it is clear that laws are made and actions are being taken up by the
government so as to protect children as well as their rights, but on the other hand, the actions
taken or the statutes that are being made are not regulated in an apt manner which ultimately
leads to such back door activities16.
Conclusion
Children have been a subject of easy access to certain individuals. Throughout the years,
people have profited from vulnerable situations of these children. Children who have been a
victim of such situations suffer from lifelong traumas and various other kinds of issues, be it
psychological or physical. In such situations the need here is to protect children from these
kinds of situations and making sure situations as such do not take place in the first place.
Children who have been safely saved from such circumstances, providing them with apt
14 Dorothy Neriah Muraya and Deborah Fry, "Aftercare Services For Child Victims Of Sex Trafficking" (2015)
17(2) Trauma, Violence, & Abuse.
15 UNICEF, "The Convention On The Rights Of The Child", Unicef-Irc.Org (Webpage, 2020)
<https://www.unicef-irc.org/portfolios/general_comments/CRC.C.GC.13_en.doc.html>.
16 Clár Chonghaile, "Children's Rights Being 'Violated With Impunity'", The Guardian (Webpage, 2014)
<https://www.theguardian.com/global-development/2014/nov/20/un-convention-rights-child-unicef>.

Criminal/International Law 8
services as in health care and psychological if required as well as providing these children
with child –friendly as well as safe environment is a must at that point.
Helping these children reintegrate with their loved ones as in their family members and as
such is also required to be done if it is in the interest of the child.
These is just the situation where trafficking of children is concerned, while when child rights
protection is discussed, on day to day basis, many children are being deprived of their basic
human rights. There are areas where they are not allowed to express what they feel, they do
not get the privilege to study or even lead an abuse or exploitation free life. So many children
who are even below the age of 16 are working throughout the world specifically in industries
where dangers are double just to survive. Children have been working in hazardous situations
just to earn a decent living so that they are able to eat all meals of the day and also provide
for the family. Drug trafficking, prostitution, pornography all of these are just a few sides to
this criminal system where children are concerned. There is a huge world out there which is
just willing to earn a certain amount as profits for which they can do anything, be it creating
inhumane and destructive circumstances for children or anything as such.
The disclosures unequivocally prescribe that in order to decide the weights of a criminal
value approach to manage trafficking of children as not providing response to the welfare
needs and as well as the protection of child, depoliticizing of the trafficking of the children is
quite central. A reorientation in relation with the trafficking of children and provisions as
such away from an approach of criminal justice towards the procedure and practice that
spotlights on children and adolescents' needs relating to welfare and confirmation has been
battled as completely crucial.

Criminal/International Law 9
Bibliography
Secondary Sources
Books
Bajpai, Asha, Child Rights In India: Law, Policy, And Practice By (Oxford University press,
3rd ed, 2017)

Criminal/International Law 10
Desai, Murli, Introduction To Rights-Based Direct Practice With Children (Springer, 2018)
Jones, Phil and Sue Welch, Rethinking Children's Rights: Attitudes In Contemporary
Society (Bloomsbury Publishing, 2018)
Fenton-Glynn, Claire, Children's Rights And Sustainable Development (Cambridge
University Press, 2019)
Gillett-Swan, Jenna and Vicki Coppock, Children's Rights, Educational Research And The
UNCRC (Symposium Books, 2016)
Journals
Gearon, Alinka, "Child Trafficking: Young People’S Experiences Of Front-Line Services In
England" (2018) 59(2) The British Journal of Criminology
Quennerstedt, Ann, Carol Robinson and John I’Anson, "The UNCRC: The Voice Of Global
Consensus On Children’S Rights?" (2018) 36(1) Nordic Journal of Human Rights
Cockbain, Ella and Kristen Olver, "Child Trafficking: Characteristics, Complexities, And
Challenges" [2019] Child Abuse and Neglect
Muraya, Dorothy Neriah and Deborah Fry, "Aftercare Services For Child Victims Of Sex
Trafficking" (2015) 17(2) Trauma, Violence, & Abuse
Websites
Chonghaile, Clár, "Children's Rights Being 'Violated With Impunity'", The
Guardian (Webpage, 2014)
https://www.theguardian.com/global-development/2014/nov/20/un-convention-rights-child-
unicef

Criminal/International Law 11
Defence for Children, "Child Trafficking - Defence For Children", Defence For
Children (Webpage, 2020) https://defenceforchildren.org/thematic-areas-2/child-trafficking/
Humanium, "Convention On The Rights Of The Child - Humanium", Humanium (Webpage,
2019) https://www.humanium.org/en/convention/
Loc.gov, "Children's Rights: International Laws | Law Library Of Congress", Loc.Gov
(Webpage, 2020) https://www.loc.gov/law/help/child-rights/international-law.php
UNICEF, "Child Rights And International Legal Framework", UNICEF (Webpage, 2019)
https://www.unicef.org/tdad/index_56373.html
UNICEF, "The Convention On The Rights Of The Child", Unicef-Irc.Org (Webpage, 2020)
https://www.unicef-irc.org/portfolios/general_comments/CRC.C.GC.13_en.doc.html
Worldvision, "Child Rights - History, Facts And How To Protect Them | World Vision
Australia", Worldvision (Webpage, 2019) https://www.worldvision.com.au/child-rights