A/HRC/32/41
as “the status or condition of a person over whom any or all of the powers attaching to the
rights of ownership are exercised”)35 is one of the oldest of all international legal norms,
enshrined in the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and several of the specialist and regional human rights treaties.
Slavery and its associated practices are identified in the international legal definition of
trafficking as a “purpose” of trafficking.
52.
Prohibition of sexual exploitation. Sexual exploitation is one of the purposes of
trafficking stipulated in the international legal definition. However, it is not defined in any
of the specialist trafficking instruments and has no agreed definition in international law
except when it involves children.36 There have nevertheless been various attempts to attach
a particular understanding to the term in relation to specific settings. For example, in
connection with its policies around sexual exploitation and abuse by United Nations
personnel, the Secretary-General has defined sexual exploitation as “any actual or
attempted abuse of a position of vulnerability, differential power, or trust, for sexual
purposes, including, but not limited to, profiting monetarily, socially or politically from the
sexual exploitation of another”.37 State practice would appear to support an understanding
of sexual exploitation in the context of trafficking that includes a broad range of practices
such as forced prostitution, forced surrogacy, forced or fraudulent marriage and all forms of
commercial and other sexual exploitation of children. 38
53.
Prohibition on forced labour: ILO core instruments as well as the International
Covenant on Civil and Political Rights and all regional human rights conventions expressly
prohibit “forced or compulsory labour”. The ILO Forced Labour Convention, 1930 (No.
29) defines this as “all work or service, which is exacted from any person under the menace
of any penalty and for which the said person has not offered himself voluntarily”. The
international legal prohibition on forced labour has been reaffirmed through the adoption of
the Protocol of 2014 to the Forced Labour Convention 1930. The purpose of this new
instrument is to take a more comprehensive approach to forced labour by focusing
specifically on issues of prevention, protection and remedy, and also to work towards the
abolition of human trafficking that results in forced labour.39
54.
Prohibition on recruitment and use of child soldiers. International law — both
human rights law and international humanitarian law in their treaty and customary forms —
prohibits, absolutely, the recruitment of children into armed conflict, whether by armed
forces or armed groups. This prohibition forms part of a broader rule that children must not
be allowed to take part in hostilities. While the definition of “child” in international law
encompasses persons up to 18 years of age, most treaty-based prohibitions on the use and
recruitment of child soldiers stipulate that the prohibition applies to children under the age
of 15.40
35
36
37
38
39
40
14
Article 1 of the Slavery Convention of 1926.
Convention on the Rights of the Child, art. 34 and Council of Europe Convention on the Protection of
Children against Sexual Exploitation and Sexual Abuse, arts. 3 (b) and 18-23.
See ST/SGB/2003/13, sect.1. The Office of Internal Oversight Services, responsible for investigating
misconduct, has stated that “engaging in sex with prostitutes” is an example of sexual exploitation.
See https://oios.un.org/page?slug=frequently-asked-questions.
See United Nations Office on Drugs and Crime, The Concept of “Exploitation” in the Trafficking in
Persons Protocol, Issue Paper (Vienna, 2015).
International Organisation of Employers (IOE)-ILO Guidance Note on the 2014 Protocol to the
Forced Labour Convention, 1930.
See Convention on the Rights of the Child, art. 38 (3); Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict, arts. 2 and 3; ILO Worst Forms
of Child Labour Convention, 1999 (No. 182), arts. 1 and 3; Protocol Additional to the Geneva
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