Online Toolkit to Combat Trafficking in Persons

Chapter 3 - Legislative Framework

Tool 3.1 The need for anti-trafficking legislation

Tool 3.2 Criminalization of the offence of trafficking

Tool 3.3 Other offences related to trafficking in persons

Tool 3.4 Liability of legal persons

Tool 3.5 Criminalizing the laundering of proceeds of trafficking in persons

Tool 3.6 Human rights and anti-trafficking legislation

The lack of specific legislation on trafficking in persons and/or the inadequacy of existing anti-trafficking legislation has been identified as one of the major obstacles to combating trafficking effectively. Tool 3.1 discusses the need for States to implement legislation at the national level in order for there to be universal, harmonized understanding of and response to trafficking.

Tool 3.2 discusses the requirement of criminalization of the offence of trafficking, as prescribed by article 5 of the Trafficking in Persons Protocol, and provides examples of State efforts to respond to this requirement. Where trafficking is not criminalized per se, other offences are often relied upon to prosecute traffickers; this is discussed in Tool 3.3. Tool 3.4 discusses the provisions of article 10 of the Organized Crime Convention, which requires the establishment of criminal liability of legal persons for participation in serious crimes, including trafficking in persons.

In order for anti-trafficking strategies to be comprehensive, the laundering of proceeds of trafficking must also be criminalized in domestic legislation; this is discussed in Tool 3.5.

Lastly, Tool 3.6 discusses the paramount consideration of adherence to human rights in all legislative responses to trafficking in persons and provides resources which can facilitate this adherence.

 

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