Drafting Laws on Sex Trafficking of Women and Girls

Last updated May 2010

 

In partnership with UNIFEM, The Advocates for Human Rights created the following section for UNIFEM’s Virtual Knowledge Centre to End Violence against Women and Girls. This section, along with sections addressing other forms of violence against women and girls, may be found under Legislation at www.endvawnow.org.

 

Throughout this section on Drafting Laws on Sex Trafficking of Women and Girls, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a promising practice.
 
Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149 and 63/168 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.
 
United Nations Treaties and Conventions
United Nations General Recommendations and Other International Instruments
Africa
Americas
Europe
Sex Trafficking Is a Grave Violation of Human Rights and a Form of Violence Against Women and Children
Sex Trafficking May Occur Whether or Not an International, National or Regional Borders Is Crossed
Sex traficking May Involve Foreign Nationals, Citizens, and Legal Permanent Residents of a Particular Country
The Purpose of Sex Trafficking Laws, and the Effective IMplementation of Such Laws Must Include:  Prosecution, Protection, Prevention, and Partnerships
Prosecution of Perpetrators of Sex Trafficking
Protections of Sex Trafficking Victims
Prevention of Sex Trafficking
Partnerships
Non-Discrimination Should Be Incorporated into Each and Every Principle and Provision
Fair and Equal Treatment of Child Victims Should Also Be INcorporated into Each and Every Principle and Provisions
 
Sex Trafficking Acts, Means and Purpose
Force, Fraud, or Coercion
Abuse of a Position of Vulnerability
Exploitation; Sexual Exploitation; or Commercial Sex Act
Trafficking Victims:  Non-Detention/Arrest/Charge/Prosecution
Specific Criminal Offences
Criminal Acts:  Recruiting, Receiving, Transporting, or Harboring
Criminal Means:  Threat, Force, Coercion, Fraud, Abuse of Power, or Position of Vulnerability; or By Any Means
Criminal Purposes:  Exploitation of the Prostitution of Others, Sexual Exploitation, or Commercial Sex Act
Penalties for Sex Traffickers
Penalties for Buyers
Prostitution and Sex Trafficking Offences
Evidence of Prior Sexual Activity or Prostitution Convictions
Identification and Screening for Sex Trafficking
Reflection Period
Provision of Basic Benefits and Services
Crime Victim Rights
Crime Victim-Witness Protection
 
Restitution
Crime Victim's Restoration Fund
Asset Forfeiture
Civil Liability
Ensuring Privacy and Identity of Victims
Orders for Protection, Harassment Restraining Orders an Other Court Orders
 
Protection from Summary Deportation & Eligibility for Temporary and Permanent Legal Status
Eligibility for Refugee Status Where the Trafficked Person Has a Well-Founded Fear of Persecution Linked to One of the Refugee Convention's Grounds
Ensuring Safe Return, Repatriation and/or Resettlement of Trafficked Persons in Their Home or Third Countries
Prohibiting Actions that Would Cause Statelessness
 
National Action Plans
Training
Building Public Awareness to Prevent Sex Trafficking and sexual Exploitation
Task Forces and Inter-Agency Cooperation
Data Collection
Appropriations
Other Related Regulations