4 - Situating Orphanage Trafficking in International Law

Summary

Chapter 4 situates the process of orphanage trafficking as a form of child trafficking under international law. The chapter applies the international framework on child trafficking to the process of orphanage trafficking including the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. The chapter argues that the process of orphanage trafficking should be recognised as a form of child trafficking under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2000. The definition of child trafficking has two elements: the act element and the purpose element. The chapter then turns to applying the definition of child trafficking found in article 3 of the Trafficking Protocol to the process of orphanage trafficking, establishing that the act element is present. It also demonstrates how the exploitation that paper orphans experience meets the purpose element of the child trafficking definition in the Trafficking Protocol.