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Child Trafficking and Ireland

Jyothi Kanics
Issue 388, vol.97, Winter 2008

 “Trafficking in persons” has three elements : (1) Transportation, transfer, recruitment, harbouring or receipt of persons. (2) Exploitative aim : e.g., prostitution or other forms of sexual exploitation; forced labour or slavery; the removal of organs. (3) Misuse of power : use or threat of force; deception; abuse of the person’s position of vulnerability; financial inducements to a person having control over another.

2003 research for the International Organization for Migration reveals that suspected child victims in Ireland ranged from 3 to 17 years old, and had been trafficked for forced labour, begging, domestic servitude, sexual exploitation and forced marriage.

According to information emanating here from the Health Service Executive, approximately 20 children in their care in 2005 were trafficked, the majority of them for the purpose of sexual exploitation. A senior Garda has been quoted to the effect that gangs have been trafficking under-age teenagers into Ireland – who are taken into the care of the HSE but who then manage to escape. Justice ministry statistics for 2000 to 2007 show a total of 2,536 separated migrant children placed in HSE care – of whom 388 escaped and were never found. Even those among the latter who had not been trafficked, were at risk of exploitation because they lacked legal status.

Existing Irish legislation does outlaw trafficking – but does little to create a protective environment for victims. Upcoming legislation, it has been suggested, should provide for a reflection-and-recovery period for suspected trafficked persons. It should further offer a framework outlining the specific entitlements and protections guaranteed to victims in the matter of, e.g., medical care, legal aid – and, above all, accommodation which is fully secure.

An Anti-Human Trafficking Unit was created within our justice department in 2007. There is also a High Level Group tasked with formulating proposals to the Minister for a National Action Plan. The Group (of representatives of the statutory agencies) liaises with representatives of non-governmental and international agencies. One crucial component of any National Plan has to be a National Referral Mechanism – a cooperative framework through which State actors can coordinate their efforts. And the various recent initiatives to raise public awareness should be urgently supported.

In dealing with a victim, every procedure adopted should keep in view the best interests of the child. Trafficked children should never be detained, prosecuted or punished for offences related to their having been trafficked. Child victims should not be returned to a State if there is indication that the child would be at risk there.

Jyothi Kanics is Separated Children’s Officer at the Irish Refugee Council.

She has been actively engaged in anti-trafficking efforts since the mid-1990s. She is a member of La Strada International’s Advisory Board and former Head of the Anti-Trafficking Unit at the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe. 

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