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That is, adult men and women are trafficked if they are recruited, moved, harboured or received through the use of threats, force, coercion, abduction, fraud, deception or abuse of power, or via a position of vulnerability, for the purpose of exploitation.A child is trafficked if that child was recruited, moved, harboured or received for the purpose of exploitation; the element of 'means' is not relevant.A small number of respondents from UN agencies and international non-government organisations involved in trafficking and related areas were asked to review 10 case scenarios and determine whether or not trafficking had occurred.Each scenario was constructed to ascertain the expert's analysis of the elements of trafficking as they apply to children.Protection for secondary child victims is afforded through Article 2 of the Convention on the Rights of the Child, which encourages states to ensure the protection of children against discrimination or punishment arising from the status or activities of their parents (OHCHR 1989).Recent changes to the Australian people trafficking visa framework allows victims of trafficking and their immediate families (both in Australia and overseas) to apply for a Witness Protection Visa earlier in the prosecution process than was previously the case (APTIDC 2010).

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Importantly, trafficked children are children who are already vulnerable.

Case managers in the Australian Government Support for Victims of People Trafficking Program noted that many of their clients (suspected victims of trafficking) had children who remained in their home country and could only come to Australia for a visit (David 2007).

This presents issues for the welfare of both the client and their children, particularly given that long court cases involve further separation (David 2007).

There is room for considerable overlap between the specific legal concept of 'trafficking in children' and other concepts regulated by law such as the 'commercial sexual exploitation of children', 'the worst forms of child labour' and 'illegal adoption'.

In deciding whether a situation can be classified as 'trafficking in children', it is important to recall the two elements noted above that are required to satisfy the definition.




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