PART 2.1
1.4.2. HUMAN RIGHTS OF CHILDREN
International human rights law applies to all
persons without distinction, and children are
included in the generally applicable rules and
standards cited throughout this Commentary.
However, as recognized in the Trafficking
Principles and Guidelines (Principle 10, Guideline
8), the particular physical, psychological and
psychosocial harm suffered by trafficked children,
and their increased vulnerability to exploitation,
require them to be dealt with separately from
trafficked adults in terms of laws, policies and
programmes. Children may also be trafficked
for purposes that are related to their age: for
example, sexual exploitation, various forms of
forced labour, and begging. An approach to
trafficking that recognizes the particular situation
of children is validated by international human
rights law, which explicitly recognizes the special
position of children and therefore accords them
special rights.
International human rights law imposes important
additional responsibilities on States when it
comes to identifying child victims of trafficking
and ensuring their immediate and longer-term
safety and well-being. The core rule is derived
from the obligations contained in the Convention
on the Rights of the Child: in dealing with child
victims of trafficking, the best interests of the child
are to be at all times paramount (art. 3).
In other words, States cannot prioritize other
considerations, such as those related to
immigration control or public order, over the
best interests of a child victim of trafficking. In
addition, because of the applicability of the
Convention on the Rights of the Child to all
children under the jurisdiction or control of a
State, non-citizen child victims of trafficking are
entitled to the same protection as nationals of
the receiving State in all matters, including those
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related to the protection of their privacy and
physical and moral integrity. Its Optional Protocol
on the sale of children reiterates the best interests
principle and imposes specific additional
obligations on States parties with respect to acts
that are often associated with the trafficking of
children.
Specific rights and obligations of direct relevance
to the situation of trafficked children include the
following:
• The right of children to protection from all
forms of discrimination;
• The best interests of the child to be the
primary consideration in all actions
concerning or impacting upon children;
• The prohibition on the illicit transfer and nonreturn of children abroad;
• The right of children to be protected from
economic exploitation and from performing
hazardous or harmful work;
• The right of children to be protected from
sexual exploitation and sexual abuse;
• The right of children to be protected from
abduction, sale or trafficking;
• The right of children to be protected from
other forms of exploitation;
• The obligation to promote the physical and
psychological recovery and social integration
of child victims; and
• The right of children to a nationality and the
right to preserve that nationality.
The sources of these rights and obligations are
given in box 8, below. Note that a number of
specialist trafficking instruments, including the
Trafficking Protocol and the European Trafficking
Convention, also contain provisions that are
specific to children. These are identified and
considered at relevant points throughout the
Commentary.
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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