Susan Kreston, for their invaluable guidance and advice during the writing of the research proposal and dissertation. On July 29, 2013, the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (hereinafter referred to as the "Trafficking Act") was published, which criminalizes trafficking in persons and related crimes as required by Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 20001 (hereinafter referred to as the "UN Trafficking Protocol") , to which South Africa is a party.2 One of its objectives is to provide assistance and protection to victims of human trafficking through mandatory reporting provisions and through access to facilities known or suspected of involvement in the commission of a criminal offense of trafficking or offenses related to trafficking.3. First, an analysis of the concepts that make up the trafficking process is analyzed to illustrate the plight of the person not to understand the trafficking of children for exploitative purposes.
6 Section 28(2) of the Constitution of the Republic of South Africa, 1996 requires that in all matters relating to the child, the best interests of the child shall be paramount.
- Problem statement
- Rationale of the study
- Research methodology
- Research questions
- Chapter outline
- Conclusion
33Article 3 of the 2000 United Nations Convention against Transnational Crime, available at https://www.unodc.org/documents/middleeastandnorthafrica//organised-. 35 Note 33 above, Article 34(2); UNODC 'Legislative guides to the implementation of the United Nations Convention against Transnational Organizations and its protocols, available at. The purpose of this study is to determine whether the reporting provisions in the Human Trafficking Act are adequate in ensuring the protection and safety of a child victim of human trafficking.
Are the best interests of the child addressed in the section 18 process in relation to mandatory reporting.
Introduction
Child trafficking definitions
The Trafficking Act provides that the definition of child labor is within the meaning of section 1 of the Children Act, section 1(g) in the definition of "exploitation". As mentioned earlier, section 11(1) (a) of the Trafficking Act casts doubt on whether means are relevant to the definition of child trafficking. The Trafficking Act does not define child labour, but refers to section 1 of the Children Act.
103 Definition of "exploitation", § 4, subsection 1, in conjunction with Section 1 of the Act, in conjunction with Section 1 of the Children's Act. A person will thus be guilty of a violation of section 18, subsection of the Act. 9, combined with the Act's section 18, subsection 211 Convention on the Rights of the Child (1989) available at http://www.unicef.org/albania/CRC_report.pdf.
This chapter will assess whether the child's best interests in relation to the Basic Law and the Children's Act are dealt with in section 18, subsection 4-process in connection with the obligation to notify. It is clear that both the state and individuals are obliged to comply with the principle of the best interests of the child. 257 "The best of the child standard" is stipulated in Section 7 of the Children's Act.
Because the Trafficking in Persons Act requires mandatory reporting, responsible reporting is necessary to protect the safety and security and best interests of the child. The final chapter will contain conclusions and recommendations on the mandatory reporting provisions of the Trafficking in Persons Act. Third, there are limitations to the rapid identification of child victims of trafficking in terms of police guidelines and training.
It is proposed that the regulations under the Trafficking Act include the definition of child trafficking as prescribed in section 3(a) of the said Protocol, excluding the means.
Means
Child labour definition
Conclusion
- Introduction
- Mandatory reporters
- Reporting requirements
- Identity disclosure of the reporter
- Reporting standard
- Knowledge of a fact
- Ought to have reasonably known or suspected a fact
- Suspected a fact
- Commentary on the reporting standard
- Conclusion
- Introduction
- Constitution
- Children’s Act 38 of 2005
- Analysis of section 18(1) and related provisions
- Conclusion
The Constitution mandates that the best interests of the child be taken into account "in every matter that concerns the child."227 The Constitutional Court's interpretation of the standard in question can be summarized as follows. Therefore, general and individual decisions affecting a child must be evaluated and guided by the best interests of the child principle, which is further elaborated in the Law on Children and will be discussed further. The duty created by the Constitution is that “[people] who make decisions about a child must ensure that the best interests of the child are of primary importance in their decisions.
It follows from this premise that the mandatory reporting framework is obliged to take into account the "best interest of the child" principle. In addition, the adopted legislation is required to embrace the principle of the best interest of the child, especially when it also applies to children. The Children's Act 38 of 2005 complements248 and gives effect to the rights of children contained in the Bill of Rights.249 It directs that the best interests of children standard250 govern.
37 the application of a predetermined formula for the sake of safety, regardless of the circumstances, would actually be contrary to the best interests of the child in question."263. Two important procedures that require analysis to determine whether the best interests of the child are served by the Trafficking Act proceedings are firstly, the speed with which the South African Police Services will respond to a section 18(1) report . The protection and promotion of the best interests of the child also depends on the response of law enforcement authorities acting on a report made in terms of section 18(1) (a) of the Trafficking Act.
Likewise, the legislative provision to enter the premises to protect and assist a child in danger not only upholds the best interests of the child275, but also protects the child's human rights.276. Access to the premises is in the best interests of the child, but the Trade Act must not leave any loopholes for possible constitutional attack.
Introduction
Recommendations
- Definitions
- Guidelines on the identification of victims of trafficking
- Public awareness programmes or other measures
- Mandatory reporters
- Entry into premises
These guidelines will play a dual role in empowering lay people to report incidents of child trafficking and for the police to act quickly to ensure the protection and safety of the child. These guidelines should be incorporated into both the regulations and national directives issued by the Office of the Director-General of the Department of Justice and Constitutional Development and Correctional Services, after consultation with the relevant government departments, including the South African Police Services and Social Development as required by the Trade Act300 and non-governmental stakeholders. The same directives can then inform the national instructions of the National Commissioner of the South African Police Service, especially to inform "the manner in which human trafficking cases are investigated".301.
299 See section 4 of the Anti-Trafficking in Persons Act [B..2006] in South African Law Reform Commissions 'Discussion Paper 111, Project 131 Trafficking in Persons' (2006), available at. Public awareness programs should also consider including human trafficking as part of the school curriculum from grades R to 9. In order to facilitate proper mandatory reporting and ensure the protection of witnesses and potential witnesses, section 18(3) of the Human Trafficking Act should be amended. ) and include similar provisions in section 38(1) and (3) of FICA.
The identity of the person making such a report will be restricted from disclosure in subsequent criminal proceedings unless that person testifies. Section 18(4) of the Trade Act should be amended to ensure that warrantless provisions are consistent with "the values that underpin an open and democratic society based on human dignity, equality and the promotion of human rights and freedoms." 302. It is recommended that the national instructions of the National Commissioner of the South African Police Services be guided by the section 152 requirements in the Children's Act which bases the conviction on four requirements.
46 safety and well-being of the child; and finally, that the welfare of the child should be the first priority in the decision to remove the child. A similar provision contained in section 1 of the Criminal Procedure Act could be adopted.303 In addition, the purposes for which warrantless entries are based should be included in section 18(4) of the Trafficking Act.
Conclusion
D v National Society for the Prevention of Cruelty to Children (NSPCC) [1977] House of Lords of the United Kingdom, available at http://www.bailii.org/uk/cases/UKHL/1977/1.html, accessed on 22 September 2014 Ministry of Justice and Constitutional Development 'Service Charter for Victims of Crime in South Africa' (2004), available at http://www.justice.gov.za/vc/docs/vc/vc-eng.pdf , accessed on 18 September 2014. 50 People with Disabilities, especially in relation to the United Nations and the African Union' 1 available at http://www.dfa.gov.za/docs/2005pq/pq2_455.htm, accessed on July 10, 2014.
State of States United States of America 'Trafficking in Persons Report June available at http://www.state.gov/documents/organization/226844.pdf accessed on 23 June 2014. 51 LexisNexis 'The LexisNexis Human Trafficking Awareness (HTA) 𝐼𝑝𝑝 available at http://www.lexisnexis.co.za/pdf?lexisNexis-Human-Trafficking-Index.pdf accessed on 22 July 2014. Tsireledzani: Understanding the dimensions of human trafficking in Southern Africa available at http://www. hsrc.ac.za/en/research-outputs/ktree-doc/8277 accessed on 3 April 2014.
South African Human Rights Commission 'Written Comments on the South African Law Reform Commission Discussion Paper, Trafficking in Persons, Issue Paper 25 Project 131', March (2004) available at http://www.sahrc.org.za/home accessed on 1 April 2014. Thorsen D 'Workers: Evidence from West and Central Africa available at http://www.unicef.org/wcaro/english/Briefing_paper_No_1_child_domestic_workers.pdf accessed 12 August 2014. Issue Paper: Abuse of a position of vulnerability and other " means" within the definition of human trafficking available at http://www.unodc.org/documents/human-trafficking/2012/UNODC_2012_Issue_Paper_Abuse _Of_a_Position_of_Vulnerability.pdf accessed on 29 July 2014.
Travaux Preparatoires for the negotiations on the preparation of the UN Convention against Transnational Organized Crime and the protocols thereto available at https://www.unodc.org/pdf/ctoccop ebook-epdf accessed on 17 June 2014. 55 http:// www.uncjin. org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff _eng.pdf accessed 18 March 2014.
