Condensed: Abduction is the breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention. Abduction may take the form of for example parental abduction or, in the context of armed conflict, abduction by children to be used as child soldiers or for sexual slavery. It has both civil and criminal aspects to it. States have a duty to prohibit abductions of children, even in instances where such abductions are deeply rooted in the traditions of certain groups. Sale of a child means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration. Children are for example sold for adoption, marriage, sexual exploitation and labour. . Comprehensive: Article 35 of the CRC provides that States ‘shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or trafficking in children for any purpose or in any form.’[1] According to Article 11(1) of the CRC, States ‘shall take measures to combat the illicit transfer and non-return of children abroad’. Wrongful removal or retention of a child (abduction) is defined in the Hague Convention on the Civil Aspects of International Child Abduction as a ‘breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention.’[2] (See *custody, adoption and fostering*). The CRC Committee has many times expressed its concern over parental abduction of children,[3] and called on States to ratify and implement the Hague Convention.[4] Children are sometimes abducted in armed conflict for the purpose of using them as child soldiers or for sexual slavery.[5] (See *forced recruitment / conscription of children*; *rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or other sexual violence*). Children are sometimes also abducted for adoption,ransom,**[6]**early/forced marriage, or forced labour.[7] Sometimes children abducted during armed conflict may be found alive years later, adopted or living in orphanages under new names.[8] In SerranoCruzSistersvElSalvador the IACtHR held that the State had an obligation to ‘try and trace Ernestina and Erlinda using all possible investigative techniques and not merely using their given name and surnames, or only approaching the institutions they contacted during the criminal proceedings and the habeas corpus procedure.’[9] States have a duty to prohibit abductions of children, even in instances where such abductions are deeply rooted in the traditions of certain groups.[10] Sale of a child ‘means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration’,[11] for example selling children for adoption,[12] marriage, sexual exploitation (including temporary marriages)[13] or labour.[14] ‘Offering, delivering or accepting’ a child for sexual exploitation, transfer of organs for profit or forced labour should be criminalized.[15] Although *trafficking* and sale of children are similar concepts they are not identical as trafficking may occur not only through sale, but also for example through coercion and deception. An element of trafficking is exploitation. While sale of children is often for exploitation of the child, children may also be sold for other purposes such as adoption. . Additional references S Detrick A commentary on the United Nations Convention on the Rights of the Child (1999) UNICEF Implementation handbook for the Convention on the Rights of the Child (2007)
[1]See also Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography; ACRWC art 29. [2]Art 3(a). [3]CRC Concluding Observations: Japan, CRC/C/15/ADD.231 (CRC, 2004), para 41; CRC Concluding Observations: Canada, CRC/C/15/ADD.215 (CRC, 2003), para 28. [4]CRC Concluding Observations: Japan, CRC/C/15/ADD.231 (CRC, 2004), para 42. [5]CAT Concluding Observations: Uganda, CAT/C/CR/34/UGA (CAT, 2005) para 6. [6]CRC Concluding Observations: Chad, CRC/C/TCD/CO/2 (CRC, 2009), para 43. [7]CESCR Concluding Observations: Sudan, E/C.12/1/ADD.48 (CESCR, 2000), para 33. [8]SerranoCruz Sisters v El Salvador (IACtHR 2005) para 166. [9]SerranoCruz Sisters v El Salvador para 167. [10]CERD Concluding Observations: Sudan, CERD/C/304/ADD.116 (CERD, 2001), para 12; CRC Concluding Observations: Sudan, CRC/C/SDN/CO/3-4 (CRC, 2010), para 86. [11]Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography art 2(a). [12]Written replies by the government of France to the list of issues (CRC/C/FRA/Q/4) prepared by the Committee on the Rights of the Child in connection with the consideration of the third and fourth periodic reports of France, CRC/C/FRA/Q/4/Add.1 (2009) 15. [13]CRC Concluding Observations: Syria, CRC/C/OPSC/SYR/CO/1 (CRC, 2006), para 23. [14]CRC Concluding Observations: Tanzania, CRC/C/15/ADD.156 (CRC, 2001), para 64. [15]Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography art 3(1)((i).
Condensed:
Abduction is the breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention. Abduction may take the form of for example parental abduction or, in the context of armed conflict, abduction by children to be used as child soldiers or for sexual slavery. It has both civil and criminal aspects to it. States have a duty to prohibit abductions of children, even in instances where such abductions are deeply rooted in the traditions of certain groups.
Sale of a child means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration. Children are for example sold for adoption, marriage, sexual exploitation and labour.
.
Comprehensive:
Article 35 of the CRC provides that States ‘shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or trafficking in children for any purpose or in any form.’[1]
According to Article 11(1) of the CRC, States ‘shall take measures to combat the illicit transfer and non-return of children abroad’. Wrongful removal or retention of a child (abduction) is defined in the Hague Convention on the Civil Aspects of International Child Abduction as a ‘breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention.’[2] (See *custody, adoption and fostering*). The CRC Committee has many times expressed its concern over parental abduction of children,[3] and called on States to ratify and implement the Hague Convention.[4]
Children are sometimes abducted in armed conflict for the purpose of using them as child soldiers or for sexual slavery.[5] (See *forced recruitment / conscription of children*; *rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or other sexual violence*). Children are sometimes also abducted for adoption, ransom,**[6]** early/forced marriage, or forced labour.[7] Sometimes children abducted during armed conflict may be found alive years later, adopted or living in orphanages under new names.[8] In SerranoCruzSistersvElSalvador the IACtHR held that the State had an obligation to ‘try and trace Ernestina and Erlinda using all possible investigative techniques and not merely using their given name and surnames, or only approaching the institutions they contacted during the criminal proceedings and the habeas corpus procedure.’[9] States have a duty to prohibit abductions of children, even in instances where such abductions are deeply rooted in the traditions of certain groups.[10]
Sale of a child ‘means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration’,[11] for example selling children for adoption,[12] marriage, sexual exploitation (including temporary marriages)[13] or labour.[14] ‘Offering, delivering or accepting’ a child for sexual exploitation, transfer of organs for profit or forced labour should be criminalized.[15] Although *trafficking* and sale of children are similar concepts they are not identical as trafficking may occur not only through sale, but also for example through coercion and deception. An element of trafficking is exploitation. While sale of children is often for exploitation of the child, children may also be sold for other purposes such as adoption.
.
Additional references
S Detrick A commentary on the United Nations Convention on the Rights of the Child (1999)
UNICEF Implementation handbook for the Convention on the Rights of the Child (2007)
[1]See also Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography; ACRWC art 29.
[2]Art 3(a).
[3]CRC Concluding Observations: Japan, CRC/C/15/ADD.231 (CRC, 2004), para 41; CRC Concluding Observations: Canada, CRC/C/15/ADD.215 (CRC, 2003), para 28.
[4]CRC Concluding Observations: Japan, CRC/C/15/ADD.231 (CRC, 2004), para 42.
[5]CAT Concluding Observations: Uganda, CAT/C/CR/34/UGA (CAT, 2005) para 6.
[6]CRC Concluding Observations: Chad, CRC/C/TCD/CO/2 (CRC, 2009), para 43.
[7]CESCR Concluding Observations: Sudan, E/C.12/1/ADD.48 (CESCR, 2000), para 33.
[8]SerranoCruz Sisters v El Salvador (IACtHR 2005) para 166.
[9]SerranoCruz Sisters v El Salvador para 167.
[10]CERD Concluding Observations: Sudan, CERD/C/304/ADD.116 (CERD, 2001), para 12; CRC Concluding Observations: Sudan, CRC/C/SDN/CO/3-4 (CRC, 2010), para 86.
[11]Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography art 2(a).
[12]Written replies by the government of France to the list of issues (CRC/C/FRA/Q/4) prepared by the Committee on the Rights of the Child in connection with the consideration of the third and fourth periodic reports of France, CRC/C/FRA/Q/4/Add.1 (2009) 15.
[13]CRC Concluding Observations: Syria, CRC/C/OPSC/SYR/CO/1 (CRC, 2006), para 23.
[14]CRC Concluding Observations: Tanzania, CRC/C/15/ADD.156 (CRC, 2001), para 64.
[15]Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography art 3(1)((i).