Attributes of Article 35

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

National, bilateral and multilateral measures to prevent abduction, sale and trafficking

Establishing preventive and protective legal and policy framework

Protection of survivors/victims of abduction, sale and trafficking

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights

1. The State has ratified:

1.1 The Optional Protocol on the Sale of Children

1.2 The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children

1.3 The Hague Convention on Inter-Country Adoption

2. The State has harmonized national (and sub-national law where relevant) law in line with all relevant internal law (see indicator 1).

3. Law provides for separate definitions for sale and abduction of children, and trafficking in children. (Art 4)

4. There are comprehensive and child-rights centered national strategies and plans of action addressing abduction, sale and trafficking (AST), including adequate financial and human resources, time bound goals and that are subject to regular assessment.

5. The State has multilateral and bilateral agreements to prevent, identify and protect child victims and prosecute perpetrators, with clear child best interests determination processes.

6. Laws establish clear jurisdictional authority to prosecute extraterritorial crimes of AST to end impunity.

7. Laws provides for:

7.1 Confidentiality to protect the privacy and the identity of victims of AST legal proceedings

7.2 The physical safety of victims

7.3 Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offender

7.4 The physical, psychological and social recovery of victims

7.5 Care and accommodation arrangements in compliance with standards of adequate living

7.6 Counselling and information, in particular as regards their legal rights, in a language that the victims can understand

7.7 Medical, psychological and material assistance

7.8 Care and livelihood opportunities including educational and training as well as when appropriate employment

7.9 Compensation for damage suffered

7.10 Repatriation of victims is conducted in a safe, child-appropriate and gender-sensitive manner

7.11 That victims are not subjected to criminal procedures or sanctions for offences related to their situation.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

8. There are interventions to decrease risk factors at national, multilateral and bilateral level.

9. There are regular monitoring and information sharing about the state of children at risk and children who are exposed to AST locally, nationally, regionally and internationally for the cross-border phenomenon.

10. The number of cases of identified AST vis à vis the number of prosecutions and convictions of criminals/perpetrators, repeat offenders and the average length of sentences.

11. There is a monitoring mechanism to identify:

11.1 Group of children at risk

11.2 AST criminals

11.3 Root causes of abduction, sale, trafficking

12. The State in close cooperation with key stakeholders including children, design and fully implement comprehensive, sustained and nationwide and/or regionally focused rights based public awareness-raising programmes specifically directed at children at risk of AST.

13. Specific police units specially trained on investigating crimes of AST, exist throughout the country.

14. There are public information campaigns addressing root causes of exploitation, with research, information and mass media campaigns to prevent and combat AST.

15. Results of evaluation(s) of the assistance provided to victims (while protecting confidentiality) and groups of children at high risk of AST are available for public scrutiny.

16. Percentage of successful prosecuted AST court cases.

17. States establish, run and/or financially support:

17.1 A specific a child and gender sensitive helpline for AST victims, including children, that is available 24h and its existence is largely promoted

17.2 Appropriate shelters exclusively for children with specialized services related to AST

17.3 Psycho-social and medical services for child victims of AST

17.4 Child and gender sensitive counseling services that is specialized enough to recognize the support needs for the AST victims

17.5 Programmes of physical and psychological recovery and social reintegration for victims of AST

17.6 Programmes that assist AST victims during criminal proceedings and the nature of the agencies offering such services (i.e. governmental vs. non-governmental)

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

18. Percentage of requests for extradition made or received for any of AST offences.

19. Percentage of extradition requests that have been honoured or denied.

20. Percentage of international and national AST victims who have been returned or reintegrated successfully.

21. Percentage of victims of AST placed in the custody of foster parents, guardians or others.

22. SDG16.2 (adapted) Number of AST victims disaggregated by type of exploitation (sexual exploitation, transfer of organs for profit, forced labour, illegal adoption and other forms of AST) and location – national/international.

23. Percentage of AST victims placed in detention facilities during criminal investigations or proceedings.

24. Percentage of cases in which victims of AST received compensation AST as a result of legal or administrative proceedings or settlements supervised by legal or administrative bodies.