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Home   »  Anti-trafficking community   »  Relevant Definitions

Concepts and terms in the field of prevention and combating trafficking in human beings

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According to the national legislation to prevent and combat trafficking in human beings, the following notions are:

1) trafficking in human beings – recruitment, transportation, transfer, harbouring or receipt of a person, by means of threat of force or use of force or other forms of coercion, of abduction, fraud, deception, of abuse of authority or a situation of vulnerability, or by means of offering or receiving payments or benefits of any kind in order to obtain the consent of a person who has control over another person for the purpose of exploitation of the latter;

2) trafficking in children – recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, even if these actions were not accomplished through any of the means provided in sub-paragraph 1);

3) exploitation of a person – abuse of a person in order to obtain profit, namely:

a) compelling to perform work or services, by use of force, threats or other forms of coercion, in violation of the legal provisions connected to labour conditions, remuneration, health and security;

b) slavery, use of certain practices similar to slavery, or resorting to other ways of deprivation of liberty;

c) compelling to engage in prostitution, to participate in pornographic performances, with a view to the production, distribution and any introduction into circulation of such performances, the acquisition, sale or possession of pornographic material, or practicing other forms of sexual exploitation;

d) compelling harvesting of organs or tissues for transplantation or collection of other component parts of the human body;

e) using a woman as a surrogate mother or for reproductive purposes;

f) abuse of child’s rights with a view to illegal adoption;

g) use in armed conflicts or in illegal military formations;

h) use in criminal activities;

i) compelling to engage in begging;

j) sale to another person;

k) compelling to engage in other activities that violate fundamental human rights and freedoms.

The consent of a victim of trafficking in human beings to the intentional exploitation, stipulated in subparagraph 3), is irrelevant when any of the means of coercion specified in sub-paragraph 1) are employed;

4) child – any person under 18 years of age;

5) document – passport or identity card or any kind of travel documents of the person subject to exploitation;

6) seizure of documents – depriving by any means the person subject to exploitation of the documents mentioned in sub-paragraph 5);

7) debt bondage – the state of a person deprived of freedom, including the freedom of movement or holding hostage until he/she or a third party reimburses a legally or illegally established debt;

8) slavery – state or condition of a person over whom one or all entitlements flowing from a right of ownership are exercised;

9) slavery-like practices – state of a person who is kept or forced in a situation in which another person exercises mastery over him/her or forces him/her through deception or threats of violence, violence or other means of coercion to offer certain services, including to enter into or to remain as a concubine (i.e., co-habitation, n.a.) or in a marital relationship;

10) state of vulnerability – special state in which a person is found such that he/she is inclined to be abused or exploited, especially due to:

a) his/her precarious situation from the standpoint of social survival;

b) situation conditioned upon age, pregnancy, illness, infirmity, physical or mental deficiency;

c) his/her precarious situation due to illegal entry or stay in a country of transit or destination;

11) victim of trafficking in human beings – a natural person presumed or found to be subjected to acts of trafficking as provided for in sub-paragraphs 1) and 2).

12) trafficker in human beings – a person who participates in the organizing and carrying out of activities of trafficking in human beings;

13) identification of victims of trafficking in human beings – the process of verification of persons presumed to be victims of trafficking in human beings.

 

 

 
 

 

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