3 KEY DEFINITIONS23 This section sets out and analyses the definitions of the key legal terms used in this Commentary. 3.1. TRAFFICKING IN PERSONS The Trafficking Principles and Guidelines spell out both the human rights standards applicable to trafficked persons and the requirements of criminal justice in relation to those suspected of trafficking. Their scope of operation (i.e., what constitutes trafficking and a trafficked person) must therefore be defined. The Trafficking Principles and Guidelines explicitly adopt the definition of trafficking in persons contained in article 3 of the Trafficking Protocol: (a) “Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used… Box 4, below, identifies the three elements that must all be present for a situation of trafficking in persons (adults) to exist. The Protocol does not separately define a trafficked person but subsumes this within the definition of trafficking. For a detailed consideration of the history and substantive elements of the definition of trafficking, see Gallagher, International Law of Human Trafficking, chap. 1. 23 COMMENTARY 33