The author argues that five basic elements should be incorporated into any antitrafficking legislation. First, laws must recognize all forms of trafficking as specific crimes that are subject to serious sanctions. Second, these laws must identify the trafficked person as a victim of a crime who is entitled to basic human rights, while taking into consideration not only the victim already identified as such, but also the derivative victim, the vulnerable victim, the potential victim, and the presumed victim. Third, countries should adopt a comprehensive Five P’s approach to combating trafficking in persons, including prevention, protection, provision, prosecution, and participation. Fourth, laws must target all actors in the trafficking enterprise, including the natural person, the legal person, the private person, and the public person. Finally, countries should acknowledge trafficking in persons as a transnational crime that warrants transnational policies. These should especially cover extraterritoriality, extradition, and the exchange of information.

This booklet explains these five basic elements as based upon the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime as well as the Council of Europe Convention on Action against Trafficking in Human Beings.