(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of
the giving or receiving of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation. Exploitation shall include, at a minimum,
the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour
or services, slavery or practices similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in
subparagraph (a) of this article shall be irrelevant where any of the means set forth in
subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of
exploitation shall be considered "trafficking in persons" even if this does not involve any of the
means set forth in subparagraph (a) of this article; […].
285. Likewise, the 2005 Convention of the Council of Europe on Action against Trafficking
in Human Beings establishes the prohibition of trafficking in human beings and determines
the State obligations in similar terms to the Protocol of Palermo.427
286. In addition, several of the United Nations specialized agencies working in this area
have referred to trafficking in persons as a form of slavery. Thus, the Working Group on
Contemporary forms of Slavery has declared that the trans-border trafficking of women and
girls for sexual exploitation was a contemporary form of slavery and that the international
treaties against slavery included trafficking.428 The Special Rapporteur on Violence against
Women has adopted a similar position.429 While, in 2009, the Special Rapporteur on
Contemporary forms of Slavery, its causes and consequences, has stated that “[t]he advance
payment, both in the cases of trafficking in humans and bonded labour, becomes the tool of
enslavement and puts the trafficker and creditor in a dominant position.”430 The Special
Rapporteur on trafficking in persons, especially women and children, also considered
trafficking in persons to be “a modern day slave trade” on a massive scale. 431 The Special
Rapporteur also stated that “trafficking is a grave violation of human rights, especially the
right not be held in slavery or involuntary servitude.”432
Convention of the Council of Europe on Action against Trafficking in Human Beings. Article 4: For the purposes
of this Convention: (a) "Trafficking in human beings" shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of “trafficking in human beings” to the intended exploitation set forth in subparagraph
(a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The
recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be
considered "trafficking in human beings" even if this does not involve any of the means set forth in subparagraph
(a) of this article; […].”
427
Report of the United Nations Working Group on Contemporary Forms of Slavery. Sub-Commission on Prevention
of Discrimination and Protection of Minorities. Resolution E/CN.4/Sub2/RES/1998/19, para. 20.
428
Report of the Special Rapporteur on violence against women, its causes and consequences, UN Doc.
E/CN.4/1997/47, February 12, 1997, para. 98: “Conditions under which many trafficked women are forced to work
[…] must be considered, without a doubt, to be within the realm of slavery and slavery-like practices.”
429
Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences. UN
Doc. A/HRC/12/21, July 10, 2009, para. 66.
430
Report of the Special Rapporteur on trafficking in persons, especially women and children. UN doc. A/HRC/10/16,
February 20, 2009, para. 6: “The world today is confronted with a huge human trafficking problem, driven by the
same forces that drive the globalization of markets, as there is no lack of demand and supply. In varying degrees
and circumstances, men, women and children all over the world are victims of what has become a modern-day slave
trade.”
431
432
Report of the Special Rapporteur on trafficking in persons, especially women and children, para.19.
74