FROM BONDAGE TO FREEDOM
40
practiced in the territory of a State Party, the Committee may decide to
initiate a confidential inquiry of the situation. Such inquiry would be
carried out in cooperation with the State Party concerned and would
include country visits. The Committee can also consider complaints from
individuals who claim to be victims of a violation by a State Party to the
Convention. This may be done only if the State Party concerned has
declared that it recognizes the competence of the Committee to receive
and examine such complaints.
The monitoring body is the Committee against Torture and the
articles relevant to trafficking from the Convention are:
•
Torture is an act where severe pain or suffering, physical or mental,
is intentionally inflicted for purposes: intimidation of coercion; by
person acting in official capacity. (Article 1).
•
No expulsion or return of a person to another state if substantial
grounds exist for believing that person would be in danger of torture.
(Article 3)
•
Alleged victims of torture have the right to complain to and have
their cases promptly and impartially examined by competent
authorities. Complainants and witnesses shall be protected against
any consequential ill treatment or intimidation. (Article 13)
•
Redress and Right to Compensation. (Article 14)
vi)
Convention on the Rights of the Child (CRC), 1989
CRC79 deals directly with trafficking in children especially girl
children, under the age of 18, unless, majority is attained at an earlier age
under domestic laws. State Parties are to take all appropriate natural,
bilateral and multilateral measures to prevent the abduction of the sale of
or traffic in children for any purpose or in any form. Children are also
protected from all forms of economic exploitation, sexual exploitation
and sexual abuse. While the language of the CRC on these points is strong,
it has been noted that the effect of these provisions is weakened by the
conventions failure to require State Parties to criminalize particular forms
of conduct such as trafficking or to assume extraterritorial criminal
jurisdiction in respect of such conduct. The Convention’s failure to
explicitly protect the child from non-State interference is also problematic.
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Convention on the Rights of the Child, UN.DOC A/RES/44/25, entered into force Sep. 2, 1990.