TED Case Studies Number 651, November, 2001

Child Trafficking and Child Prostitution http://connections.connectok.com/carecenter.report.html

I. General Information II. Legal Cluster III. Bio-Geographic Cluster IV. Trade Cluster V. Environment Cluster VI. Other Clusters

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I. Identification

1. The Issue

During the past fourteen years, the newly reborn Czech Republic experienced negative social and political development at the expense of the economic reform. With social values and responsibilities turned upside down, children and minors have been affected the most from the disorders of the transition period. “The combined effects of unemployment, income inequalities and cuts in social sector investments have weakened families’ capacity to provide for and protect their children (Global Movement for Children).” In this context, child trafficking and prostitution has become one of the fastest growing illegal trade industries over the last decade. Child trafficking and prostitution occurs both between states and within the borders of a state. The illegal transport of human beings for the purpose of selling sexual services for profit has been occurring in many parts of the world but has been abruptly expanding in the region of Eastern European. Many children end up living on the street as neglected and homeless and find prostitution as a means of survival. Street children become easy targets for sexual assaults for they are very vulnerable. With the opening of borders and restructuring of the social, economic, and political spheres of the newly independent state, the Czech Republic become a transit country, a country of destination, and an entry place for unknown number of children who are the victims of a new global phenomenon known as commercial child trafficking and child exploitation. The new commerce trend dangerously expanded along the borders, mainly the Czech-German border (the northeast region of the state), where children of different ages are kept voluntarily and involuntarily for their customers or their transport into a different location. “Around 200 brothels have sprung up along the E55 highway, which runs through the town of Dube – one for every 25 residents – in the last eight years, replacing the Iron Curtain with an Iron Suspender Belt” (BBC News).

2. Description

She was a sixteen-year-old girl who “ran away from a children’s home and could not go back to her family. A male friend brought her into contact with a trafficking group. She first traveled to Germany by bus and was picked up by German contacts who brought her by car to the Netherlands where she was sold to a brothel where there were other girls form Central and Eastern Europe. She was indebted for the cost of the trip and forced to work very long hours – as many as 20 hours a day. One time, a client broke her leg. She managed to get to a hospital where – using false papers--she was put in a cast. When she returned to the brothel the owner removed the cast because it prevented her from working. After this she managed to run away. She now has pins in her leg and serious problems with it” (NGO worker,

Basic definitions:

The Convention on the Rights of the Child defines a child in Article 1 as “every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.”

The International Labour Office defines child exploitation and child labor as

(a) all forms of slavery or practices similar to slavery, sale and trafficking of children, forced or compulsory labour including debt bondage and serfdom;

(b) the use, engagement or offering of a child for prostitution, production of pornography or pornographic performances, production of or trafficking in drugs or other illegal activities;

(c) the use or engagement of children in any type of work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety, or morals;

United Nations Special Rapporteur on the Sale of Children defines child prostitution as “sexual exploitation of a child for remuneration in cash or in kind, usually but not always organized by an intermediary (parent, family member, procurer, teacher, etc.).”

According to the Special UN Rapporteur child trafficking “consists of all acts involved in the recruitment or transportation of persons within or across borders, involving deception, coercion or force, debt bondage or fraud, for the purpose of placing children in situations of abuse or exploitation, such as forced prostitution, slavery-like practices, battering or extremely cruelty, sweatshop labour or exploitative domestic services.” Moreover, Europol’s definition of trafficking is that “trafficking in human beings means subjection of a person to the real and illegal way of other person by using violence or menaces or by abuse of authority or intrigue, especially with to the exploitation of prostitution, homes of sexual exploitation and assault or minors or trade in abandoned children. These forms of exploitations also include the production, sell or distribution of child-pornography material” (Report on trafficking of women and children in Europe, 2001).

Why children?

Children frequently experience violence at the hands of police and other law enforcement officials. Street children are especially easy targets because they are poor, young, often ignorant of their rights, and lacking adults to whom they can turn for assistance. They are beaten by police in order to extort money, and street girls may be forced to provide sex to avoid arrest or to be released from police custody” (Human Rights Watch).

There are many reasons why this new lucrative modern slavery has been expanding and is spiraling out of control in the Czech Republic. Some reasons for this are, “because it is possible; because it is allowed; because it is different; because they are not capable of having a relationship with an adult’ or because they think having sex with a child means less risk of infection with AIDS (Report on the Sexual Exploitation of Children).” Other reasons include porous borders, corruption, the low exchange rate of the Czech currency, the low risk of transmitted diseases, and mostly the fact that unlike drugs, children can be sold many times for high profits.

Another reason is because children are not taken as seriously as adults when reporting violence and abuse, they may fear to speak about the crimes adults have committed to them. “Even when children do make reports or abuse is exposed, perpetrators are rarely investigated or prosecuted. Those in a position to take action may be complicit in the abuse and fearful of negative publicity” (Human Rights Watch).

http://www.syntez.org/sintezPictures3.htm

“Parker Rossman, an expert in homosexual pedophilia, estimates the number of active pedophiles at more than half a million all over the world. Apparently, one out of eight men gets sexually excited about young boys” (Report on the Sexual Exploitation of children).

How does child trafficking happen?

Trafficking of children and child prostitution has been dramatically increasing in the Czech Republic because of the large number of poor families, increasing unemployment, and weak legal regulations and restrictions. Furthermore, high profits in the child trafficking trade attract organized crime rings. “The trafficking of people is considered to be the third largest source of profits for organized crime after the trafficking of drugs and firearms” (IREX).

The worldwide phenomenon of trading children across the borders has been organized by kidnapping organizations, national and international crime networks, trafficking rings and in some instances by parents and individual government workers. Organized crime networks are the most common groups involved in recruiting and training individuals. They seek unhappy, dissatisfied, and vulnerable children and offer them exciting and challenging lives. Children are offered money, promises of education, and new skill or a great job opportunity. Vulnerable children are kidnapped, bought, and smuggled under the seats of trucks in order to be delivered to foreign customers. After their arrival to a particular destination in Western Europe, traffickers confiscate children’s passports and visas in order to prevent escape. Those minors who resist following the orders of their abusers are raped, beaten, and punished until they decide to cooperate. For example, in BBC News article, twelve year-old girl describe the dangers of prostitution flowingly: “a man approached me one time…I didn’t want to do him and the geezer had me up by the throat threatening to kill me, I was actually really scared, I didn’t know whether he was going to knock me out or what.” In addition, a common tactic to silence child prostitutes is the use of drugs. Also, through physical isolation and psychological trauma, traffickers control assertive children from seeking help. It is not uncommon for the abusers to threaten to harm the families and close friends of the victims in order to make them comply with demands.

There are different ways how the trafficking networks operate. First of all, “ up front financial arrangements between trafficking associates: verbal or written contracts are struck between a trafficker in the country of origin and the trafficking associate in the country of destination which stipulate a lump sum payment from one party to the other for the sale or rental of the child based on the amount of time they used for sexual purposes (CSCE 106-1-9).”

Children are trapped and exploited in many different ways. Many reports show that children of Roma origins are usually forced into trafficking for prostitution by their parents to earn extra money for the family. Roma children are easy targets for traffickers in today’s Czech Republic for the reasons mentioned below.

Another very successful way that traffickers have been using is advertising attractive jobs and modeling opportunities in the local newspapers for individuals under the age of eighteen year. Hundreds of young Czech girls answered advertisements in these newspapers for modeling in Germany or other parts of the world and ended up as prostitutes. One typical ad used by traffickers usually sounds like this:

Girls: Must be single and very pretty. Young and tall. We invite you for work as models, secretaries, dancers, choreographers, gymnasts. Housing is supplied. Foreign posts available. Must apply in person.

With the increasing use of technology to market children via the Internet, it is not complicated to attract a large number of children who are seeking a change it their lives. Trafficking in the guise of marriage matching and pen pal clubs has been incredibly facilitated by the Internet and is now a booming business in Europe and the US (for more details, check Bride case). As a result, there is a massive migration of children for entertainment and domestic work, which facilitates trafficking in children

In most cases, children arrive in Germany by train or private car. After their arrival, they usually have their passports confiscated to prevent escape. Traffickers use abuse, violence, rape, or other psychological and physical trauma to control child prostitutes. The reason why cross-border prostitution has been increasingly attracting is because of the ease of controlling children from different countries who do not speak the language of the destination country and are far from help. Working as prostitutes, children are deprived of their basic human rights and experience conditions similar to slavery. Child prostitution is a result of many social, economic, and cultural problems such as theft, drugs, low self-esteem, dysfunctional families, gangs, abusive relationships, kidnappings, and other struggles that these children are experiencing.

http://www.hash.com/users/iceman/fear.html

An NGO reported to the Special Rapporteur the case of a 14-year-old girl who was voluntarily brought to a brothel in Germany and who was later brought back to the Czech Republic at the instance of her family. She is under psychiatric care and said that she went into prostitution as a protest against the breakdown of her family.

The main reason for a high demand of Eastern European child prostitutes is because the majority of them do not speak the destination’s language, which makes them vulnerable and dependant on their abusers. A US State Department report suggests, “unfamiliarity with the language, lack of money and proper documentation, mistrust of police or other authorities, lack of information, irregular or illegal immigration status, fear, shame, and isolation further reinforce the victim's dependence on the traffickers.” Children who are unable to cross the borders for many different reasons stay within the country and wait for customers for whom it is easy to take an inexpensive flight because the Czech exchange rate is very low for Western Europeans.

In some circumstances, corrupt individuals from the government, such as police, social workers, immigration officials and others, cooperate with organized crime networks in return for financial and security benefits. As a result, under-age victims distrust those who are legally obligated to protect and help them.

In addition, the general public is unaware of the extent of commercial child trafficking and prostitution within the country. The overall apathy and lack of action in Czech society is putting more children in danger and condemns them to a life of struggle. Ignoring this inhumane abuse exploits a future generation of leaders leaving a legacy of innocence lost and lives destroyed.

http://www.vasia.com/virlanie/childp.htm

I am a survivor of prostitution.
A survivor of brutal beatings and rapes.
A recovering heroin addict.
Five years out of the life and I will NEVER forget the smell of a crusty old trick.
The Fear.
The Pain.
The knives and guns and fists and tire irons and jail cells.
I will never be quiet!
Too many times I have been beaten near death.
Left for dead.
The cops said it comes with the territory.
Being a worthless whore.
A Non-Human.
If I had been murdered, no one would have remembered my name.
I would have been a NHI.
Jane Doe.
Thank you for remembering Emma.
Remember the millions like her.
Like me.
Like you.
Women, sisters, daughters, mothers.
Murdered.
Beaten.
Considered less than human.
Let us lift them up.
Let us never forget.
And never,
NEVER
Be quiet about the outrageous brutality that is prostitution!

Author: Angel Cassidy. I was sexually abused from the age of five by a secret society in a ritual setting that involved candles, incense, meditation, drugs and alcohol. The perpetrators said that I was put on earth to serve men sexually. They told me that I would die if I tried to get away. I left home and began prostitution at age 14. In prostitution, I was brutally beaten by tricks and "boyfriends" -- pimps. I have survived more than thirty rapes and been left for dead more than once. I have been incarcerated numerous times.

Which and how many children are involved?

The Roma minority:

Roma are believed to be the descendants of persons who in the 10^th century migrated from Northern India to Persia and Europe. A few centuries later, they were living in many places all over the world, which explains the number of differences in dialect, culture, and degree of assimilation. Roma are usually being known as Gypsy, a name that is a corruption of the word Egyptian, which introduces the mistaken view that Roma had come from Egypt. In it unclear how many Roma lived in Czechoslovakia before WWII, but during the war thousands of them were deported to extermination camps to suffer and die. The location where all Roma were held prior to their deportation to Auschwitz is known as the Lety Camp. The historic wide spread social hatred of Roma has been present among both Czechs and Slovaks and also has been the main cause that prevent both states to achieve the full definition of democracy.

During the first, post-communist decade, the human rights situation for the Romany minority in the Czech and Slovak Republics has declined as such a rate that the countries have been routinely described as the worst place in all of Europe for Roma. While the Velvet Revolution and the end of communism made possible the restoration of democracy in the region, it also unleashed deeply held prejudice against the Roma minority. For example, some Airlines admitted that they used to put a letter g on airline documents of customers that were believed to be Roma in order to help the British immigration officers to identify Roma individuals.

http://photoeye.home.mindspring.com/img126.jpg

The majority of Czech children who are victims of sexual exploitation are Roma children. Roma families struggle under mass poverty and an absence of citizenship privileges. They are easy targets of abuse and discrimination within the whole country. “The right to education for Roma children in the region is particularly limited in terms of access, quality, and choice (Global Movement for Children).” Education remains the key factor, which determines the disadvantaged status of Roma. Although there are no legal regulations which would provide for sanctions of discrimination in education, majority of Roma children are transferred to schools for children with special educational needs. It is estimated that about 75 per cent of children of Roma origin are enrolled in these special schools, and as a result they have lower chances to be accepted in higher schools or to acquire an adequate vocational education. Several steps have been taken to improve the education disadvantages of Roma. These include the establishment of so-called zero grades to prepare disadvantaged youths for their first year in school and the project of joint Roma-Czech language textbooks in many elementary schools to help the pupils in overcoming language barriers.

High unemployment remains the key reason for some Roma families to see their children as profitable resources. Children are encouraged to use their bodies as a solution to poverty crises. An example is a story of Romany women who “have trouble getting even that cleaning women job, and they are the fist ones to get fired” (CER). This motivates the Roma families to use all their resources in order to obtain financial support that would satisfy the basic needs of their families.

Data and Statistics:

The criminal nature of child trafficking and child prostitution makes any data and statistics on the cases of this illegal business inherently suspicious. There are no exact numbers of victims of child sexual exploitation within the state or across the border because there are no reliable ways of determining the victims. “The State Department website estimates that one to two million women and children are trafficked annually around the world” (IREX). The German Federal Department of Criminal Investigation estimates that 5% of the women trafficked from Eastern Europe are younger than 18. (Global Survival Network, Gillian Caldwell et al, Crime & Servitude, 1997). Furthermore, it is not only the lack of adequate data but also the unwillingness of governmental officers to publicly report their findings. For example, Ministry of Labour and Social Affairs “denied having statistics on the issue, but referred the Special Rapporteur to the Ministry of Justice … however, social workers gave the Special Rapporteur some comprehensive statistics, which they claimed had been supplied to them by the Ministry of Labour and Social Affairs” (UN Report).

Thousand of children are being smuggled across the Czech-German border every year, but only a minority of cases is reported and convictions of traffickers are very rare. In sum, there is little accurate and reliable statistics available because of the illegal activities involved. Satisfying research on the spread of child trafficking and prostitution is missing, and a practical methodology of estimating the number of children has not been developed. The reports that have been done on the issue of child trafficking and child prostitution are insignificant due to the lack of distinguishing between the ages of children, the gender of children, and between economic and sexual trafficking of persons. “It is far easier to estimate the number of sexually exploited children in a specific country, but even that is not without difficulties. In many cases, the lack of resources, both human and financial, means that sample sizes tend to be too small to provide accuracy” (ECPAT International).

The main reason why traffickers are not adequately punished is because many legal policies often restrain victims from testifying against their traffickers. In addition, the victims of trafficking might be punished more than the traffickers for their illegal immigration status and lack of appropriate documents.

What are the conditions that allow for child trafficking and prostitution?

Some conditions within the Czech system that permit the proliferation of child trafficking are:

:

• An education system that is lacking adequate focus on non-formal education that would allow children to be creative, learn life skills, and have access to new technologies in their spare time. Due to many government cuts in the education field, after-school and extra-curricular activities have been eliminated from schools. This increases the risk of children spending all their free time on the street without any supervision.

• Low salaries of teachers and serious shortages of teaching materials have negatively impacted the overall education system. In addition, a majority of schools still continue the curriculum of the former communist regime, in which teacher’s lecture and children memorize facts without active participation that would develop problem-solving, communications, personality values, and norms for their lives. Teaching in Czech schools continues to be inflexible with an emphasis on the community instead of the individual.

• There is a lack of accessible education for minority children, especially Roma children, throughout the republic. Inadequate housing situation, high unemployment, and race prejudice cause Roma children to face difficulties while obtaining education. “A recent policy resolution by the Czech Government estimates that approximately three-fourths of Romany children attend special schools for children with light mental defects, and that more than 50 percent of all pupils attending special schools are Romany children” (Report on the Situation of Roma and Sinti in the OSCE Area).

• “A greater focus on conflict prevention in formal and informal education based on the promotion of peace, tolerance, and respect for diversity (Global Movement for Children)” is missing in Czech schools and professional systems.

• There is no public advocacy and awareness about sexual abuse and exploitation of children.

• Many victims of child prostitution and trafficking seek help but their reports are ignored and covered up due to mistrust of children’s testimonies. “The result is that many children are victimized not only by the initial abuse, but also by the failure of authorities to take effective action against the perpetrator or by acts of retaliation in response to their attempts to seek justice” (Human Rights Watch). Furthermore, victims do not have an effective remedy against those who are abusing their rights. As ECPAT reported “it is post pubertal prostitutes and not their clients who are most actively policed. Girls of 14 years and upwards are routinely harassed, arrested, tried and imprisoned or otherwise punished by criminal justice systems in affluent as well as poor countries, while their adult male abusers walk free. Prostitute users know this only too well, and rightly estimate that the risk of anything more serious than being required to pay a small fine or bribe is slim, even if the prostitute they are with is underage.”

• Corruption and bribery among the government officials, such as border guards, police, law enforcement officials, and other officials, allows child trafficking to go unchecked.

What is currently being done?

The Ecumenical Network for Youth Action (ENYA) is a partnership of churches and related associations that focus on addressing youth social problems within different cultures. Its aim is to “strengthen their/our commitment (or begin!) to the young people by ensuring there are resources available (buildings for shelters, funds, computers, and training), and to work cohesively rather than in private isolated projects (www.enayaorg.cz).” ENYA has been working on the issues of child trafficking, child prostitution, and child abuse in Eastern Europe since 1998. Over the years, this organization created and implemented training programs for the victims and the general public. It has also started a long-term project known as Spotlight Programmes. In addition, ENYA organizes seminars that cover topics of child commercial sex slavery and include “how to protect oneself from being sexually exploited or trafficked, the dangers and risks of entering the sex trade, and ways to help and support friends who are involved in prostitution and/or caught by traffickers.” Among programs that ENYA coordinated was a seminar on Combating Trafficking, Forced Prostitution and Sexual Abuse of Children, Youth, and Women in Prague in March 2000 and a seminar on Protecting Children from Sexual and Commercial Exploitation held with NGO’s, churches, the Ministry of Interior, and the Police Prevention Department. Seminars on Commercial and Sexual Exploitation of Children in the Czech Republic and Combating Sexual Exploitation of Children and Youth are taking place in Prague in the beginning of November, 2001.

“Based on preliminary fact-findings missions to the Czech Republic in 1999 and 2000, the UN Centre for International Crime Prevention sees a need for greater cooperation between the national and local police and between the prosecutor’s office and non-governmental groups (UNODCCP, 2001).” As a result, the Czech representatives focus on establishing legal agreements between Czech and Germany that would prevent further expansion of child trafficking for prostitution. The Czech Republic has ratified many international human rights codes, among the most important one is the Convention on the Right of the Child.

In order to get the public involved in helping young generations with their struggle against abuses, special working groups were created to work with children who are victims of abuse. Furthermore, a Center for Child Crises was established and is run by child psychologist and psychiatrists who work with children that were or are victims of trafficking, pornography, and sexual abuse.

The National plan that is directed against trafficking of children for the purpose of forced prostitution was adopted by the Czech government in the beginning of July 2001. According to the Czech legal system, trafficking of any human being is prohibited under any circumstances.

What needs to be done?

The most problematic part of the Czech legal system is that child prostitution only includes children under fifteen years old. After the age of fifteen, a prostitute is not considered a child. This flaw in the legal system needs to be rectified. Without an adequate solution, children between the ages of 15 and 18 are at further risk for murders, serious assault, cases of theft, violence towards children, and suicides.

“The reassertion of children’s right to live in a family, and the need for family-centered alternatives to the institutionalization of children, can only be secured through reforms which strengthen families’ capacities to care for their children” (Global Movement for Children).

Involvement and cooperation among NGOs, national government, civil society, and community organizations to empower the voice of children is a necessary step toward applying the fundamental rights of all children into the practical dimensions of society. The result of this cooperation is essential for progress in securing rights, satisfying needs, and encouraging children to use their talents and potentials.

“Strengthening of families is also fundamental to the growth and well-being of children, so that the protection and promotion of family life is a crucial element (Global Movement for Children)” of elimination of child prostitution and trafficking.

There is also a need for increased investment in the education system in order for schools to empower children to continue and seek an advance education. Furthermore, programs for enhancing the understanding of tolerance, respect for diversity, peace, and the value of equality must be introduced into school curriculum. Teaching children about different cultural values and heritages is necessary for developing their identity with their own culture. This is especially important for the Roma children. Educators must also empower youth advocates who can help them to increase the awareness about the dangers of child prostitution and trafficking. These young advocates should be trained as peer counselors. Teachers should also support movements that challenge local and national governments to undertake prevention policies.

“Preventative education programmes with prostitute users and potential prostitute users need to be developed worldwide. Popular misconceptions about prostitution and male sexuality need to be challenged amongst young people, some of whom will otherwise grow up to become sexual exploiters. Education on the impact of child sexual abuse upon victims, on the reasons why children and women enter into prostitution, on age of consent and prostitution law around the world, as well as consciousness raising around issues of gender and racism would also help to deconstruct the permissive narratives used by current abusers to justify their actions” (ECPAT International- End Child Prostitution, Pornography, Trafficking).

There is an urgent need to create programs and legislations that would protect vulnerable, homeless, and street children within the whole region. The reconstruction of after-school and extra-curricular activities must be introduced and monitored in all school facilities.

A primary goals of the national government should be to ensure “fair judicial processes with adequate monitoring and complaints procedures; end police coercion, violence and torture; … training of the judiciary, police, social welfare professionals, NGOs and citizens’ group” (Global Movement for Children, p. 10). An enhancement of legal training which ensures that law enforcers know how to investigate child prostitution and trafficking and are able to understand the cooperation between organized crime groups and victims of child sexual exploitation is a necessary prerequisite. In addition, every child report must be investigated and necessary steps must be taken against the offenders. Police officers should created special units with child friendly facilities in their precinct. Specific measures, such as adequate housing, psychological, medical, economic, and legal assistance, must be applied in order to help the victims.

There is a lack of accessibility of mental health services to children and minors. Programs that focus on reducing stress and depressions among the young population through counseling must become a necessity in the health agenda. Additionally, teaching about reproductive health and the risks of addictions on drugs, tobacco, and alcohol might have positive impact on children’s personal decision-making.

“As drugs are widespread and quite accessible in the region, effective forms of education, prevention and remedy from the use of drugs need to be develop. It is important to stop criminalizing and stigmatizing those children and young people who use drugs, and to work more on remedy and rehabilitation” (Global Movement for Children, p. 10). Victims of commercial sex trade need professional psychological help for they suffer with depressions, hopelessness, nightmares, suicide attempts, low self-esteem, guilt and other psychological dispositions. Rehabilitation programs must be long-term and should involve medical rehabilitation of the victim and rehabilitation of relations with family and friends.

“National Action Plans to counter trafficking need to be developed alongside a commitment from Governments to support trans-border and wider international co-operation. It is also important to adopt legislation which, whilst criminalizing those responsible, considers trafficked persons as victims not as criminals” (Global Movement for Children).

National governmental focus must shift economic development to social development and justice. As a result of “combining social solidarity, social justice and social innovation,” a new awareness and attitude toward human development will empower people to participate and shape the democratic society of their homeland. The state and society together must take an active part in providing necessary means and support for all members of the society, including a focus on children. One way of achieving this change is to encourage business and political leaders to promote the rights of children and financially support children’s clubs and shelters.

“To ensure provision of quality services, a range of government agencies and NGO networks need to work jointly and inter-sectorally in support of families…programs which seek to reforms the approach to sexual abuse…should be instituted, based on a comprehensive approach to information gathering, education, prevention, legislative and judicial reform, and the promotion of therapeutic resources” (Global Movement for Children).

Since child trafficking is an issued of global concern, it is necessary to develop greater international cooperation with regard to mutual assistance in criminal matters.

Which countries are involved?

The Czech Republic:

http://www.volny.cz/esi-lessons/Lessons/maturita.htm

After the separation of Czechoslovakia in January 1993, an area of 78,864 sq km was introduced as the territory of the new Czech Republic. As a member of NATO and a potential member of the EU, the Czech Republic has a reputation of being one of the most developed countries among the emerging states of Eastern and Central Europe. In terms of its economy and industry, the state has reached the highest level of development in its history. Nevertheless, there are visible negative effects of the developing free market economy, such as increasing unemployment and crime. Additionally, transition has had a major adverse impact on the education, social, and health systems. This affects children and causes an increase of vulnerable children living on the street.

Country’s profile based on End Child Prostitution, Pornography, Trafficking International (ECPAT International):

Population	10262000
Under 18	2157000
Under 5	476000
HIV Incidence	0.04
Unemployment rate	8.7 (%)
Tourism Arrivals	17000000

http://germanrussian.wlu.edu.german.htm

Germany is a destination for majority of trafficked Czech children. In addition, Czech Police claims that “German visitors offer twice the normal price to have unprotected sex with prostitutes – and even more if they are pregnant” (BBC News). In 1999, two Germans were accused of running child prostitution and pornography networks in the Czech region. “They are alleged to have made video recordings or the gang sexually abusing children between the ages of three to 14” (BBC News).

Trafficking in women and forced prostitution are forbidden by law and punishable by up to 10 years of prison; however, trafficking in children is a crucial issue. Germany is a destination and transit country for majority of Eastern European children although the exact number varies. According to the Country report on Human Rights, between 2,000 and 20,000 children and women are trafficked to and from Germany per year. Majority of victims are women and girls between the ages of 16 and 25 who end up working as prostitutes. Based on police statistics, less than one-half of one percent of trafficking victims is men or boys. 80 percent of the trafficked persons come from eastern Europe and the countries of the former Soviet Union, primarily from Poland, Ukraine, and the Czech Republic. The other 20 percent of trafficking victims come from Southeast Asia, Africa, and Latin America (Human Right’s Report).

Country’s profile based on End Child Prostitution, Pornography, Trafficking International (ECPAT International):

Population	83178000
Under 18	1568000
HIV Incidence	0.10
Unemployment rate	11.4 (%)
Tourism Arrivals	15800000

3. Related Cases

For more information related to the subject (sex, trafficking, and prostitution), check out:

Russex

Thaiwomen

Nepalsex

Myansex

Traffic

Bride

Cubatour

Thaiwomen

Burma-Traffic

For more information related to the region (Eastern Europe), check out:

Temelin

Danube

Polwaste

Bulgarnk

Lignite

Mocho

4. Author and Date:

Jitka Hromek, November 2001

II. Legal Clusters

DOMESTIC LAWS:

Within the Czech borders, the legal age of consent for sexual activity is fifteen years. “Traffic in children constitutes a criminal offence and the law provided for the criminal prosecution of an offender who ‘’for remuneration purposes places a child in the charge of another person for the purpose of adoption, use of child labor or for other purpose (Criminal Code, section 216).” Based on the report of the Ministry of Interior from 1994, prostitution is tolerated only in specific regions and “those where it would be prohibited, with local authorities determining regional specifics, prohibition of certain persons – namely those under the age of 18 – practicing the profession, obligatory registration for all prostitutes working in the Czech Republic, to enable collection of taxes and health insurance dues, and obligatory regular check ups” (CER).

The Constitution of the Czech Republic was adopted on 16 December, 1992 and promulgated as “Law No. 1/1993 Coll. Article 3 of the Constitution stipulates that ‘part of the constitutional order of the Czech Republic is the Charter of Fundamental Rights and Freedoms. Article 10 stipulates that ‘ratified and promulgated international accords on human rights and fundamental freedoms, to which the Czech Republic is committed itself, are immediately binding and are superior to law. (UN Report).”

The Family Act (94/1963 Coll.) defines a child as a minor individual whose legal status depends on their age.

The Penal Code, section 216, 1994 proclaims the sale, trafficking and abduction of children as punishable, section 204 defines procuration, section 242 defines sexual abuse and prohibits sexual abuse of children, section 205 defines offences against morals and prohibits child pornography. “Prostitution per se is not prosecuted as a criminal act but is covered indirectly by other violations, such as pimping and trafficking, exposing others to sexually transmitted diseases, sexual abuse, jeopardizing the moral upbringing of a minor” (CER).

Article 242 of the Criminal Code proclaims “ a person who has sexual intercourse with a child under 15 years of age or who sexually abuses such a person by other way shall be sentenced to imprisonment for at least one and at most eight years.”

Article 243 of the Criminal Code proclaims “the person who misuses the dependence of an other person under 18 years of age or who misuses the person under his/her supervision and force him/her to extramarital sexual intercourse or who sexually abuses such a person by other way shall be sentenced to imprisonment for at most two years.”

Trafficking of human beings for the purpose of sexual services is a form of “form of modern-day slavery (Commission on Security and Cooperation in Europe).” Any human being, especially children, that are forced, fraud, or coercion into involuntary sexual exploitation are denied the fundamental human rights ensured in number of international human rights documents, “namely, their rights to liberty and security of person, their right not to be held in slavery or servitude, and their right to be free from cruel or inhumane treatment (Commission on Security and Cooperation in Europe).”

http://news.bbc.co.uk/olmedia/1460000/images/_1462628_pros150.jpg

INTERNATIONAL LAWS:

“In accordance with Article 1, paragraph 4 of the European Convention on the Exercise of Children’s Rights, done in Strasbourg on 25 January 1996, the Czech Republic declares that it will apply the Convention to adoption proceedings relating to the limitation or deprivation of parental responsibilities, as well as to any other family proceedings affecting the rights of the child (European convention on the Exercise of Children’s rights).”

The Convention on the Rights of the Child, signed and ratified on September 30^th, 1990, obligates the national government to protect children from all types of psychological and physical violence and abuse. Under Article 19 of the convention, children are protected against “maltreatment or exploitation including sexual abuse.” Article 24 of the same document recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor.”

Using the Convention of the Rights of the Child as a framework for measuring and monitoring the commercial sexual exploitation of children

Articles	Ideas
1, 2, 8,16		Definition of child, children's dignity, nondiscrimination, identity, respect for privacy
34, 35, (11,16, 17(e), 19, 32, 33, 36)		Prostitution, traffic, pornography
12 (3,13,14,15)		Consent, power, maturity and the best interests of the child
Linked articles, relating to prevention, provision of services and rehabilitation
	3, 4, 39	Reasonable expectations about service provision and rehabilitation
	5,8, 19, 21,22	Family support
	28, 29	Education
	26, 27, 30,40	Community and state care
	24	Health provision and health education

Defining Children and Prostitution within the framework of the Convention on the Rights of the Child

Article (s)
34, 32, 36	Adults giving children money/goods/favours for sex; Adults selling children's sexuality; Sex and sexuality include posing for 'pornography' looking at 'pornography' touching talking looking feeling (including masturbation) penetration procuring Pimping
3, 12	Children as witnesses
37	Violence, coercion, torture, cruel and inhumane treatment, punishment associated with sexual exploitation
40, 39, 37	Juvenile justice: legal background, processing and punishment of child offenders, rehabilitation
34	Adult offenders: detection, legal process, punishment, rehabilitation, recidivisim
58	Families who prostitute their children, children of prostitutes, children of children who are prostitutes
30, 24	Culture and custom: Includes, early marriage, temporary marriage, practices such as devadasi, initiation, indigenous medicine, circumcision (male and female), tourism, business travel..
26/27	Social welfare provision
24	Sexually transmitted diseases Maternal mortality (child mothers) Child mortality (children of child mothers) Psychological health

Without any reservations, the Czech Republic signed The International Covenant on Civil and Political Rights (ICCPR), adopted in December 1966 and ratified and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by General Assembly resolution 39/46 of 10 December 1984, prohibit cruel, inhuman, or degrading treatment toward all human beings. The Czech Republic is among States which have Ratified the Convention Against Torture and made declaration, under Article 28, that they do not recognize the competence of the Committee against Torture to investigate allegations of widespread torture within their boundaries.

Article I 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, signed by the Czech Republic in December 30^th, 1993, states that “whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community, Whereas, with respect to the suppression of the traffic in women and children, the following international instruments are in force:

Article 1: The Parties to the present Convention agree to punish any person who, to gratify the passions of another:

(1) Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;

(2) Exploits the prostitution of another person, even with the consent of that person.

Article 2 :The Parties to the present Convention further agree to punish any person who:

(1) Keeps or manages, or knowingly finances or takes part in the financing of a brothel;

(2) Knowingly lets or rents a building or other place or any part thereof for the purpose of the prostitution of others.

The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery was adopted at Geneva on September 7^th, 1956 and ratified in the Czech Republic on February 22^nd, 1993. Article 1 part (d) “any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour”. Article 3 stresses, “the act of conveying or attempting to convey slaves from one country to another by whatever means of transport, or of being accessory thereto, shall be a criminal offence under the laws of the States Parties to this Convention and persons convicted thereof shall be liable to very severe penalties.”

The International Labor Organization (ILO) Convention, C 182 Worst Forms of Child Labour Convention, 1999 was ratified 19^th of June, 2001 in the Czech Republic.

Article 3: For the purposes of this Convention, the term the worst forms of child labour comprises:

(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d) work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Universal Declaration of Human Rights was adapted by General Assembly resolution 217 A (III) of 10 December 1948 and details in Article 4 that “no one shall be held in slavery or servitude, slavery and the slave trade should be prohibited in all their forms.

Slavery Convention was signed at Geneva in 1926 and ratified on October 10^th, 1930 in Czechoslovakia, proclaims slavery as “the status or condition of a person over whom any or all of the attaching to the right of ownership are exercised. The slave trade includes all acts involved in the capture, acquisition or disposition of a person with intent to reduce him to slavery” (Article 1).”

Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children was adopted in November 15^th, 2000 but was not ratified by the Czech Republic yet. This document intends to " ‘prevent and combat’ trafficking in persons and facilitate international cooperation against such trafficking. It provides for criminal offences, control and cooperation measures against traffickers. It also provides some measures to protect and assist the victims.”

United Nations Convention Against Transnational Organized Crime was adopted in November 15^th, 2000 and ratified in December 12^th, 2000 by the Czech government. This document aims to fight against the spread of transnational organized crime networks. Among the goals is “the adoption of new, sweeping frameworks for mutual legal assistance, extradition, law-enforcement cooperation and technical assistance and training” among all signatories.

5. Discourse and Status:

Disagree and allege

There are many laws and regulation that are entitled to protect children’s rights, but they are not sufficiently implemented into practice.

6. Forum and Scope:

The Czech Republic and Germany

7. Decision Breadth:

 Bilateral

8. Legal Standing:

Treaty

III. Geographic Clusters

9. Geographic Locations

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a. Geographic Domain: Europe

b. Geographic Site: Eastern Europe

c. Geographic Impact: The Czech Republic

10. Sub-National Factors: No

11. Type of Habitat: Cool

IV. Trade Clusters

12. Type of Measure: Ban

13. Direct v. Indirect Impacts: Direct

14. Relation of Trade Measure to Environmental Impact

a. Directly Related to Product: Yes, Children

b. Indirectly Related to Product: No

c. Not Related to Product: No

d. Related to Process: Yes, culture

15. Trade Product Identification: Sex

Children who are smuggled, sold, and moved from their homeland for the use of sexual services, and children that are being sexually exploited by foreigners.

16. Economic Data

Economy - overview:

Basically one of the most stable and prosperous of the post-Communist states, the Czech Republic has been recovering from recession since mid-1999. The economy grew about 2.5% in 2000 and should achieve somewhat higher growth in 2001. Growth is led by exports to the EU, especially Germany, and foreign investment, while domestic demand is reviving. Uncomfortably high fiscal and current account deficits could be future problems. Unemployment is down to 8.7% as job creation continues in the rebounding economy; inflation is up to 3.8% but still moderate. The EU put the Czech Republic just behind Poland and Hungary in preparations for accession, which will give further impetus and direction to structural reform. Moves to complete banking, telecommunications and energy privatization will add to foreign investment, while intensified restructuring among large enterprises and banks and improvements in the financial sector should strengthen output growth.

GDP:	purchasing power parity - $132.4 billion (2000 est.)

GDP - real growth rate:

2.5% (2000 est.)

GDP - per capita:

purchasing power parity - $12,900 (2000 est.)

GDP - composition by sector:

agriculture:  3.7% industry:  41.8% services:  54.5% (1999)