18. Human Exploitation Cases

18.1   Under Article 1 of the Universal Declaration of Human Rights all human beings are born free and equal in dignity and rights. The exploitation of persons and the trafficking of them for that purpose are both serious crimes and violations of fundamental human rights and freedoms. The trafficking of a person involves the recruitment, transportation, transfer, harbouring or receipt of persons for the purpose of exploitation by means of:

  1. threat or use of force or other forms of coercion;
  2. abduction;
  3. fraud;
  4. deception;
  5. the abuse of power or of a position of vulnerability; or
  6. the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

The trafficking of a child involves these elements except for the requirement of the means.

18.2   Human exploitation includes activities that demean the value of human life such as sexual exploitation, enforced labour, domestic servitude, debt bondage and organ harvesting. Human exploitation is a domestic and international concern which should be handled by prosecutors with an appropriate level of understanding, skill and sensitivity. In appropriate cases, a prosecutor should consider a credible claim that a defendant or intended defendant is a victim of trafficking. If such a claim is found, a prosecutor should appropriately deal with the case bearing in mind that the person is a victim of trafficking. In this regard, reference can be made to applicable international standards and practices concerning victims of trafficking.