CYIL 2012

JANA ONDROVIČOVÁ CYIL 3 ȍ2012Ȏ cannot inspect private property as easily as formal workplaces. Investigators and service providers report many cases of untreated illnesses and widespread sexual abuse, which in some cases may be symptoms of a situation of involuntary servitude. Ongoing international efforts seek not only to ensure that administrative remedies are enforced but also that criminal penalties are enacted against those who hold others in involuntary domestic servitude. b) Forced child labour Most international organizations and national laws recognize that children may legally engage in certain forms of work. There is a growing consensus, however, that the worst forms of child labour 9 should be eradicated. A child can be a victim of human trafficking regardless of the location of that exploitation. Indicators of forced labour of a child include situations in which the child appears to be in the custody of a non-family member who has the child perform work that financially benefits someone outside the child’s family and does not offer the child the option of leaving. They can be forced to live on the streets or in poor living conditions. Access to education for such a child is usually denied. c) Child soldiers Child soldiering can be a manifestation of human trafficking where it involves the unlawful recruitment or use of children as combatants, or for labour or sexual exploitation by armed forces. Perpetrators may be government forces, paramilitary organizations, or rebel groups. Many children are forcibly abducted to be used as combatants. Others are made unlawfully to work as porters, cooks, guards, servants, messengers, or spies. Young girls can be forced to marry or have sex with male combatants. Both male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases. 3.2 Sex trafficking When an adult is coerced, forced, or deceived into prostitution – or maintained in prostitution through coercion – that person is a victim of trafficking. All of those involved in recruiting, transporting, harbouring, receiving, or obtaining the person for that purpose have committed a trafficking crime. Sex trafficking can also occur 9 The term “the worst forms of child labour” was adopted by International Labour Organization (ILO) in the convention that deals with the same issue (1999). According to this convention a child is defined as every person under the age of 18. In article 3 the term “the worst forms of child labour” comprises: (a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict ; (b) The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances ; (c) The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties ; (d) Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children .

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