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In this regard, the International Criminal Tribunal for the former Yugoslavia has emphasized that “it is not possible
exhaustively to enumerate all of the contemporary forms of slavery which are comprehended in the expansion of the
original idea.” International Criminal Tribunal for the former Yugoslavia (ICTY), Case of Prosecutor v. Dragoljub Kunarac,
Radomir Kovac and Zoran Vukovic, No. IT-96-23 and IT-96-23/1-A. Judgment of June 12, 2002, para. 119. See also,
Human Rights Council, Report of the Special Rapporteur on contemporary forms of slavery including its causes and
consequences, July 1, 2013, UN Doc. A/HRC/24/43, paras. 28, 33, 46 and 85 (evidence file, folio 5135, 5137, 5140 and
5147).
506
Article 3 of the Protocol of Palermo defines trafficking in persons as “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 […]”
(underlining added). The Protocol also includes a specific definition of child trafficking when indicating that: “[t]he
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.”
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime, entered into force on December 25, 2003, UN Doc.
A/RES/55/25, art. 3.
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Convention on the Rights of the Child, art. 35. In addition, Article 2 of the Inter-American Convention on
International Traffic in Minors, to which Guatemala is not a party, defines the international traffic in minors as “the
abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by
unlawful means.” Among the “unlawful means” it includes kidnapping, fraudulent or coerced consent, the giving or
receipt of unlawful payments or benefits to achieve the consent of the parents, persons or institution having care of the
child, or any other means unlawful in either the State of the minor's habitual residence or the State Party where the
minor is located.” Inter-American Convention on International Traffic in Minors, entered into force on August 15, 1997,
art. 2.
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Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography, entered into force on January 18, 2002, UN Doc. A/RES/54/263, art. 2.a.
509
Cf. UNICEF, Handbook on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography),
Innocenti Research Centre, 2009, pp. 4, 9 and 10.
510