How can child trafficking be prevented? Expand Child trafficking must be viewed within the wider contextual factors which make children vulnerable to it, and which enable or benefit traffickers. Primarily, preventing child trafficking requires addressing and responding to the factors that make children vulnerable around the world, including poverty, inequality and conflict. It also requires highlighting government policies that exacerbate vulnerability and prevent children getting the support they need. Many organisations, including ECPAT UK, have anti-trafficking programmes operating across the world, often working in collaboration with smaller organisations, and national and local governments. There have been many awareness-raising programmes across the world, both in countries of origin, transit countries and destination countries for trafficking, particularly among those seen as ‘at risk’. While these help to educate young people and their families about the risks of paying agents for travel or sending children away to work, many people feel they have no option but to take such risks. The Council of Europe Convention on Action against Trafficking places specific responsibilities on states to reduce all children’s vulnerability to trafficking, in recognition of the heightened vulnerability of children to exploitation and abuse. It calls for a ‘protective environment’ for children. In the UK, anti-trafficking efforts have traditionally focused on the investigation and prosecution of traffickers, and on assisting children identified as potential victims of trafficking. There has been a less strategic and coordinated approach to actual prevention methods. Immigration control is seen by some as a way of preventing trafficking, but while border officials can play an important role in identifying trafficking, all victims – adults or children – should not be defined by their immigration status. At the same time, poor safeguarding structures and a lack of safe, legal routes for migration to the UK means many children become more vulnerable to exploitation and trafficking while undertaking dangerous journeys. Once they are in the UK, harsh policies that criminalise irregular migration also increase children's vulnerability to trafficking and prevent them from seeking assistance from authorities. ECPAT UK has called for improved training for police, local authority staff, health practitioners, border officials and all frontline workers who are in contact with children in order to improve identification of risk. Robust and regular training is essential for staff to be able to identify potential indicators, be aware of trends and profiles, know how to respond accordingly and keep a child safe. In addition, there must be robust legislation and policy, as well as proactive police investigations that include cross-border cooperation. Children should never be sent back to their country of origin without proper risk assessments and full assessment of the best interests of the child which includes their views. Children who are identified as suspected victims must be safeguarded and given safe accommodation and support so that, once in local authority care, they do not go missing and become re-trafficked, which is a major risk for those who have already been exploited. Unfortunately, many children return to their trafficking situation because they are in debt bondage or they fear repercussions if they do not. It is the responsibility of those who have a duty to children to ensure they are kept safe and informed, and that the risk of re-trafficking is reduced.
What rights do child victims of trafficking have in the UK? Expand Rights Trafficking constitutes a grave violation of human rights and child victims of trafficking have special rights to protection from the UK Government. Their rights are outlined in national legislation as well as the European and international legal framework. For example, the UK is required to create a ‘protective environment’ and find a ‘durable solution’ for child victims to reduce their vulnerability to trafficking. Other obligations that are specific to children include: Provide for representation of the child by a legal guardian Take the necessary steps to identify the child’s identity and nationality Use ‘benefit of the doubt’ when the age of a child is uncertain and there is reason to believe the victim is a child, by ensuring that the child is presumed to be a child Make every effort to locate his/her family when this is in the best interests of the child Give assistance, support and protective measures to child victims, including specific additional assistance to children who are unaccompanied or separated Ensure privacy and protection Provide appropriate and safe accommodation Facilitate access to medical treatment, interpreter services, counselling, education, legal information, advice and assistance in criminal proceedings Provide residence permits when legally necessary and in the child’s best interests Refrain from returning a child to their country of origin if there is an indication, following a risk and security assessment, that such return would not be in the best interest of the child Ensure that the number of interviews with the child is as limited as possible and that interviews take place without delay and in premises adapted for that purpose Provide access to possible compensation schemes Take necessary measures when a child is involved in criminal proceedings, particularly when giving evidence The child has the right to be heard and have their wishes taken into account Ensure a child is not criminalised in any way or liable for any status-related offence Ensure a child is never placed in a law enforcement detention or immigration detention facility The Convention on the Rights of the Child applies to all children under the jurisdiction or control of a state, which means that non-UK national child victims of trafficking are entitled to the same protection as UK nationals in all matters, regardless of their immigration status. Suspected child victims of trafficking who arrive in the UK unaccompanied will usually be accommodated by the local authority. They should be safeguarded as statutory agencies have a duty to safeguard children in their area under Section 11 of the Children Act (2004). Status Child trafficking from abroad is often associated with unaccompanied children seeking asylum, but evidence demonstrates a more complex picture in reality. An increasing number of children are trafficked from countries within the EU. The vulnerability of these children is often overlooked at point of entry because they are able to pass through immigration checkpoints as EU citizens. Also, children from non-EU states can travel to the UK on a valid visa. It is important to note that trafficked children may arrive in the UK alone or arrive accompanied by others, including their traffickers. Some children will have been directed to claim asylum by their traffickers. Once placed in local authority care, the trafficker will pick up the child or the child will go missing and return to their trafficker. This is usually because the child has been ordered to follow the trafficker’s instructions and is both scared of the repercussions of disobeying the trafficker and wary of the UK authorities. In our experience, most children have no knowledge of the asylum process when they enter the country, and it is only when they come into contact with professionals that they may be advised to do this in order to stay in the UK and be protected from re-trafficking and further harm. Some children remain undetected for many years without coming to the attention of authorities. Protection claims for child victims of trafficking should be made in tandem with the United Nations Convention on the Rights of the Child, Section 55 of the Borders, Citizenship and Immigration Act 2009, the Council of Europe Convention on Action against Trafficking in Human Beings, the EU Directive on preventing and combating trafficking in human beings and protecting its victims, current case law, the Refugee Convention 1951 (and the 1967 Protocol), and the Human Rights Act 1998, if applicable, to provide the most comprehensive arguments. Concern has been raised about negative trafficking decisions (issued by the National Referral Mechanism) being used in asylum appeals of victims of trafficking to discredit children’s claims. ECPAT UK believes such practice is unlawful, and the two processes should not be conflated.
How can I support ECPAT UK's work against transnational child exploitation? Expand ECPAT UK needs your help! Our supporters make a real difference to trafficked young people by raising both money and awareness to protect children from exploitation. Without the generous support of our donors, none of our vital work could continue. Click here to make a secure, one off donation or set up a regular gift. You can also send us a donation by cheque or postal order made payable to ECPAT UK. Remember, if you’re a UK taxpayer, you can increase your donation with Gift Aid. This enables us to claim back the tax you pay on your donation, increasing its value to us by 25%, at no extra cost to you. Please don’t forget to tick the Gift Aid declaration when making your donation. For more information, email [email protected]. Don’t miss out on the latest research, training courses and opportunities to get involved with our work. Sign up for our monthly email updates by letting us know you'd like to keep in touch.
How can I support ECPAT UK’s work against child trafficking? Expand ECPAT UK needs your help! Our supporters make a real difference to the lives of trafficked young people by raising money and awareness to protect children from exploitation. Without the generous support of our supporters, none of our vital work could continue. Make a secure, one off donation or set up a regular gift here You can also send us a donation by cheque or postal order made payable to ECPAT UK. Remember, if you’re a UK taxpayer, you can increase your donation with Gift Aid. This enables us to claim back the tax you pay on your donation, increasing its value to us by 25%, at no extra cost to you. Please don’t forget to tick the Gift Aid declaration when making your donation. For more information, email [email protected]. Don’t miss out on our latest research, campaigns, training courses and opportunities to get involved with our work. Sign up for our monthly email updates by letting us know you'd like to keep in touch.
What is ECPAT UK doing to tackle the issue? Expand Child sexual exploitation is a crime with devastating and long lasting consequences for its victims and their families. Childhoods are lost and family life can be ruined, and this is compounded when victims, or those at risk of abuse, do not receive appropriate, immediate and ongoing support. ECPAT UK is supporting the rights of children everywhere to be protected against sexual exploitation by UK nationals travelling, working or living abroad. We are doing this in a number of ways: We monitor and track cases of child sexual exploitation committed by UK nationals abroad to build a knowledge base that illustrates the scale and severity of children exploited outside the UK and the systemic failure to protect children from UK sex offenders. We campaign for stronger national and international legislative frameworks, and international cooperation in law enforcement, to bring offenders to justice. We campaign for enhanced child protection systems, both in the UK and internationally, to keep the world’s most vulnerable children safe from sex offenders and ensure child victims are adequately supported. We are the UK representative of The Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism, providing training and advice to travel and tourism companies on identifying and protecting children at risk of abuse and exploitation. We raise awareness of the issue and provide our expertise to government and civil society partners for changes needed in policy and practices to protect children in the UK and abroad.
What is the Lanzarote Convention? Expand Lanzarote Convention On 21st June 2018 the UK government’s ratified of the Council of Europe’s Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in the UK and abroad. The Lanzarote Convention is the first instrument to establish various forms of sexual abuse of children as criminal offences, including acts that are committed abroad. It was signed by the UK government in 2008, and ratified ten years later. The convention requires states to prevent and combat sexual exploitation and sexual abuse of children; protect the rights of child victims of sexual exploitation and sexual abuse and to promote national and international co-operation against sexual exploitation and sexual abuse of children. This includes implementing legislative measures to protect the rights of children without discrimination on any grounds of sex, race, gender, language, religion, national or social origin. The ratification will allow for greater international cooperation and information‐sharing across borders to investigate and prosecute offenders' sexual crimes against children in the UK and abroad. In addition, the UK will be required to implement preventative measures such as screening, child protection training and the collection of data on convicted offenders.
What are the existing legislative frameworks to protect children against transnational child exploitation? Expand Extraterritorial legislation in the UK Extraterritorial legislation allows the UK to prosecute sex offenders who are British Nationals even when the offence is not committed on home territory. It also enables UK law enforcement to charge perpetrators who return to the UK when there has been no arrest by other jurisdictions abroad. The Sexual Offences Act 2003 is the primary legislative instrument that deals with all types of sexual offences in the UK. Within this Act there are specific provisions for those committing sex crimes against children whilst abroad. The Act applies to England and Wales only; Scotland is covered by the Sexual Offences (Scotland) Act 2009. Extraterritorial legislation is embodied in Section 72 of the Sexual Offences Act 2003. This section states that any UK national or resident who commits sexual acts prohibited by UK law whilst abroad, is guilty of that offence in the UK. In Scotland, this provision is covered by Section 55 of the Sexual Offences (Scotland) Act 2009. Dual criminality Section 72 of the Criminal Justice and Immigration Act 2008 amended Section 72 of the Sexual Offences Act 2003 removed the aspect of ‘dual criminality’ for sexual offences. This means that UK nationals who commit sexual offences against children abroad are criminally liable for the offence, regardless of whether the exploitation is classed as a criminal offence overseas. In other words, there is no requirement for the crime to be an offence in both countries. The Act extended extraterritorial jurisdiction for the offence of grooming of children for sexual exploitation. Civil orders In March 2015, the UK government introduced two new civil orders in the Anti-Social Behaviour, Crime and Policing Act, Sexual Harm Prevention Orders (SHPO) and Sexual Risk Orders (SRO). They are intended to protect members of the public in the UK, children and vulnerable adults from sexual harm including the offences of grooming by sex offenders outside of the UK. They replace three previous civil orders in Sexual Offences Act 2003.- risk of sexual harm order (ROSHO), sexual offences prevention order (SOPO)and the foreign travel order(FTO) The Orders, issued by courts, would place restrictions on the movements and activities of anyone convicted or cautioned of a sexual or violent offence including individuals who have committed offences overseas or who pose a risk of sexual harm to children and vulnerable adults in the UK and abroad. Restrictions can include limiting their internet use, preventing them from being alone with a child under 16, home-tutoring children, or preventing travel abroad Sexual Risk Order (SRO) This civil order enables the court to impose prohibitions on individuals if there is reasonable cause to believe that the individual poses a risk of harm to others, even if they have never been convicted or cautioned for a sexual or violent offence under Schedule 3 or Schedule 5. The SRO has a minimum duration of two years and a maximum duration of five years. Sexual Harm Prevention Order (SHPO) A civil order that enables a court to impose prohibitions on an individual who has been convicted or cautioned of a sexual or violent offence under Schedule 3 or Schedule 5, including when the offence is committed overseas. In order for the court to issue an SHPO it must be proved that since the appropriate date the offender has behaved in a way that threatens sexual harm to the public or a member of the public. The SHPO lasts for a minimum of five years with no maximum period, although it is not necessary to set a duration in the order and if no duration is set, the order will exist until it is successfully appealed. Other UK tools to protect children outside of the UK The International Child Protection Certificate (ICPC) The ICPC is a criminal records check for UK nationals, or non-UK nationals who have previously lived in the UK, working or seeking work with children overseas. Many international schools and organisations around the world employ people from the UK as workers and volunteers. The ICPC exists to help protect children from offenders who travel overseas to exploit vulnerable children through employment and volunteering. The ICPC checks individuals’ criminal records against police and intelligence databases in the UK. The ICPC is similar to the Disclosure and Barring Service (DBS) check that is required for anyone working professionally with children in England and Wales. Each organisation will have their own policy on criminal records checks for staff, and will be guided by the statutory requirements and/or government recommendations in the country in which they are operating. The certificates are issued on application by the individuals who are planning to work overseas. This is likely to take place only when institutions abroad require the ICPC certificate as contingency for employment.