1. (THE BATTLE AGAINST) INTERNATIONAL HUMAN
TRAFFICKING AND SEXUAL EXPLOITATION
Laís Batista
Samuel Brasil Jr.
Vitória Circle Research Group
FDV – Vitória Law School
Brazil
INTERNATIONAL LAW
2. INTRODUCTION
• International Human Trafficking is a phenomenon that has developed quietly
and has spread-out over much of the various countries of the world.
• Attracts a group of vulnerable people, such as children and women, who
predominantly, are subdued to sexual exploitation.
• This article aims at addressing those international instruments on trafficking
and combating the sexual exploitation of women and children, as well as the
advances in Brazilian legislation
• To what extent does international legislation contribute to the battle against
the sexual abuse of children and women, as victims in the international
trafficking of people?
3. METHOD AND MATERIALS
• Descriptive and exploratory, with an interpretative analysis based on the
bibliography and documents, considering scope analysis of the historical
evolution of the international regulatory system, and of the Brazilian legislation
for the protection given to women and children in the ambit of fighting against
human trafficking for sexual exploitation.
• Argumentative structure based on skeptical semantics
6. DISCUSSION
1. International Human Trafficking in present-day context
• "A Global Alliance Against Forced Labour", the International Labour Organization (ILO)
estimated that approximately 2.4 million people in the world, who have been trafficked, are
subjected to forced labour. The ILO estimates that 43% of these victims are subjected to
sexual exploitation and 32% to economic exploitation — the remaining (25%) are trafficked
in a combination of these ways or for reasons undetermined. (ILO, 2006).
• It is estimated that the profit of the criminal networks involved in the business of illegally
transporting a human being from one country to another reaches $13,000.00 dollars per
year and may reach $30,000.00 dollars in international trafficking, according to estimates
of the United Nations Office on Drugs and Crime (UNODC).
• Thus, just as women, children and adolescents are vulnerable victims to trafficking,
predominantly subjugated to commercial sexual exploitation. This phenomenon is defined as
a relationship of mercantilization and the abuse of the bodies of children and adolescents that
are not advanced for sexual activity and who are without the capacity to provide informed
consent.
7. 2. The production of legislation for the protection of children and
women on an international scope
• Agreement for the Repression of the Trafficking of White Women was signed, ratified in
convention in 1910;
• International Convention for the Repression of the Trafficking in Women and Children took
place, in 1910;
• Convention for the Repression of the Trafficking in Greater Women, in 1933;
• Protocol for an Amendment to the International Convention for the Repression of the
Trafficking in Women and Children;
• International Labour Organization(ILO/OIT) was created in 1919 as part of the Treaty of
Versailles, which ended World War I;
• Convention No. 182, approved in 1999. (ILO);
• Creation of the United Nations;
• Convention on the Rights of the Child (CRC/UNCRC) was established in 1990
8. 2. The production of legislation for the protection of children and
women on an international scope
• Rome Statute (of the International Criminal Court) with its disposition of crimes to the
jurisdiction of the International Criminal Court (ICC),
• Palermo Convention. It was adopted by the UN General Assembly on November 15, 2000,
the date assigned to disposition for the signatures of the Member States and which came into
force on September 29, 2003.
• Resolution No. 53/111 of the General Assembly, of December 9, 1998
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime (hereinafter "the Protocol in Trafficking of Persons");Protocol against the Smuggling of
Migrants by Land, Sea and Air, and the Protocol against the Illicit Manufacturing of and
Trafficking in Firearms, their Parts and Components and Ammunition.
9. 3. Trafficking of women and children for sexual exploitation
• The crime evades the deplorable situation of the violation of the human rights of its victims,
as it profiles a patent disregard for the principle of human dignity, already proclaimed in the
Universal Declaration of Human Rights (UDHR) of 1948.
• Isolated by exclusive processes of globalization, poor families are forced to leave their past
certainties and social references and enter into the dependence of employers who take
advantage of imperative needs.
• Child trafficking and people for sexual exploitation are highly detrimental to women and
children who are subjected to slave labor.
• That trafficking should be treated by the international community as something urgent and
of a priority, including in the face of the sexual violation of children and women.
10. 3. Trafficking of women and children for sexual exploitation
• To the direct eye of displayed victims, there is the necessity for greater protection and
effectiveness of their rights, in short, the needed care of the offended.
• It is necessary to have an intervention with those grounded mainstays based upon the
sources of law now cited by the international community, in order to satisfy the real
necessities and expectations of children and women victims of human trafficking for the
crime of sexual exploitation, and from that, plot a criminal policy that responsibly ensures a
rational orientation for the victim, paralleling their protection, redress, reaffirmation of the
validity of the penal norms, and also, for the preventive effect of normative protection.
11. CONCLUSION
• International Human trafficking is the trading in human beings for the greater intended purpose of
sexual exploitation. This illicit activity violates human rights to human dignity since this conduct
exploits and abuses the good faith of children and women, who are the main victims of this crime,
due to their condition of vulnerability, allowing the promotion of the sex industry.
• It is important to emphasize that there is still a long way to be pursued until the righteous respect
and safeguarding of the rights of women and children from any violence are totally reached. In that
way, it is necessary to outline programs, projects and actions at governmental and non-
governmental levels with a public policy focused on the eradication of human trafficking,
exploitation and sexual abuse.
• Finally, this research argues for the training of professionals working in the fight against
transnational crime networks along with the cooperation of local agencies. Furthermore, the
participation of society, social media must also be taken into account as a means of information,
prevention and the halting of criminal activity.
12. LIST OF REFERENCES
Amaral, A, Ch, L, Y, & Felix 2013 ' Human Trafficking and the Sexual Exploitation of Children: Battle
Against under the Perspective of International Law, ARGUMENTUM: The Company in Order and
Economic Trends in the Contemporary State, v. 14, pp. 119-138.
Ary, T & Maia, 2008, ' Human Trafficking in the Contemporaneous International Society. Globalization,
Migration Policies and Multilateral Efforts of Resistance ', REMHU: International Migration and Human
Rights, vol. 16, no. 31, pp. 495-503. Available from:
http://www.csem.org.br/remhu/index.php/remhu/article/view/132/124. [26 April 2017].
Brasil Jr, S 2002, ' Essay on Legal Argumentation ', Journal of the Law Faculty of Victoria, vol. 2, no. 4,
pp. 9-25
Ekberg, G, 2004. ' The Swedish Law that Prohibits the Purchase of Sexual Services: Best Practices for
Prevention of Prostitution and Trafficking in Human Beings '. Violence against Women, v. 10, no. 10. pp.
1187-1218. Available: http://www.prostitutionresearch.com/pdf/EkbergVAW.pdf. [6 may 2017].
International Labour Organization 2006, Trafficking in Persons for Purposes of Sexual Exploitation, Brazil.
Phinney, Trafficking of Women and Children for Sexual Exploitation in the Americas. Available from:
https://www.oas.org/en/cim/docs/Trafficking-Paper%5BEN%5D.pdf [08 may 2017]
Trinity, the, 1997. ' Dilemmas and Challenges of International Protection of Human Rights in the Injunction
of the 21st century. ' Brazilian Journal of International Politics, v. 40, no. 1. Available from:
http://www.scielo.br/scielo.php?script=sci_arttext&pid=S0034-73291997000100007 [28 April 2017].