Drafters should ensure that special provisions related to the protection of child victims of sex trafficking are incorporated into the law. Such treatment should be afforded to child victims regardless of their or their parents’ or the legal guardian’s race, color, religion, belief, age, family status, culture, language, ethnicity, national or social origin, citizenship, gender, sexual orientation, political or other opinion, disability, property, birth, immigration status, the fact that the person has been trafficked or has participated in the sex industry, or other status. (See UN Trafficking Protocol, Art.14; UNODC Model Law Against Trafficking in Persons, Art.22; Council of Europe Convention Against Trafficking in Human Beings, Preamble)

Drafters should also ensure that children who are trafficked for the purpose of sexual exploitation, including prostitution, are not treated as criminals and are not arrested, detained or deported.  Instead, children should be provided with special protection and assistance. (See: UNODC Model Law Against Trafficking in Persons, Art. 10; UN Recommended Principles and Guidelines on Human Rights and Human Trafficking, Principle 7 and Guideline 4(5))

The non-governmental organization “End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes” (ECPAT) has published a guide for Strengthening Laws Addressing Child Sexual Exploitation, which recommends that special protection and assistance for child victims include:

• Treatment of a victim as a child to the extent possible where the age is uncertain and until age is verified;
• Appointment of a guardian to advocate for the best interests of the child and to accompany the child through the process ensuring that:
  • Direct contact between the child and perpetrator is avoided;
  • The child victim is fully informed about the criminal and security procedures;
  • The child may make an informed decision whether to testify in criminal proceedings ensuring that children who testify are kept safe;
  • Appropriate shelter is provided based upon the child’s age and special needs;
  • Individuals responsible for the care of child victims are adequately trained; and
• Adoption of clear policies and procedures for the return and repatriation of child victims taking into account the best interests of the child and the capacity of the receiving state to provide long-term assistance;
• Adoption of clear policies and procedures for the extradition of individuals for the offence of sex trafficking or when extradition does not take place, the prosecution of nationals for sex trafficking offences committed abroad.

Before interviewing child trafficking victims, law enforcement should consult Module 9 of the UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners, which provides guidelines and good practices for working with child trafficking victims. (See: UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners, Module 9, 2009.  Guidelines for the use of interpreters are available in Module 10 of the UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners)