Friday 19th July 2024

In his Speech on Wednesday, the King set out the government's plans for the new parliamentary session. ECPAT UK welcomes the announcement of a Children’s Wellbeing Bill and the introduction of a child criminal exploitation offence in the Crime and Policing Bill and measures for greater support for victims in the Victims, Courts and Public Protection Bill.

Child trafficking remains a significant issue in the United Kingdom, with 7,432 potential child victims identified in 2023, a vast majority of these exploited for criminality. A new government has the opportunity to address the on-going failures children face as they are denied their rights to grow and develop in a safe and nurturing environment impacting their development into adulthood, their mental health, self-esteem, and overall well-being.

It is important that child criminal exploitation is recognised, defined and responded to as a form of child trafficking and that the definition adopted by the government in primary legislation is in line with international standards. 

Child trafficking in international law has a different definition than that for adults. A limb of the definition known as the ‘means’ is not required in cases involving children under 18. It is necessary to show only:

(i) an “action” such as recruitment, transportation, transfer or receipt; and

(ii) that this action was for the specific purpose of exploitation.

In other words, trafficking of a child is recognised in international law if the child was subjected to any act which the purpose is the exploitation of that child. This is because child trafficking is a form of child abuse.

Any definition in primary legislation must not introduce ‘means’ considerations which is an adult standard.  Any definition in UK law must not set out any conditions that the child must have been subjected to grooming, coercion, deception or force.

In line with international standards, it is not possible for any victims to consent to being exploited and even more so in the case of children, yet for child victims of criminal exploitation their abuse is often interpreted by safeguarding partners and other actors in the criminal justice system as a ‘choice’. 

International human rights law imposes important and additional responsibilities on States when it comes to identifying child victims of trafficking and ensuring their immediate and longer-term safety and well-being. We welcome the government's commitment to upholding human rights and look forward to supporting them in these legislative endeavours to ensure the best outcomes for children.

Read more about our 10 key priorities for combatting child trafficking for the new government.  

Our CEO, Patricia Durr said:

“Children’s rights have been significantly diminished in recent years. We urge the new government to take opportunity to strengthen children’s rights to protection, care and support and to repeal harmful measures that have weakened them, including the Illegal Migration Act 2023.  We need immediate and decisive action to address ongoing failures and to uphold the rights of child victims.

We seek a commitment to prioritising the rights of all children and young people, to ending all forms of child exploitation and the development of a comprehensive UK-wide strategy to prevent and tackle child trafficking and modern slavery. Achieving this will require adequate funding and resources for  all authorities involved in safeguarding children and for early intervention, care and protection.

We welcome the reinstatement of the UK’s commitment to human rights and the European Convention on Human Rights – any measures must be in line with such international standards.”