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2. Definitions
The two most common terms used for the illegal movement of people - 'smuggling' and 'trafficking' - have very different meanings. In human smuggling, immigrants and asylum seekers pay people to help them enter the country illegally, after which there is no longer a relationship. Trafficked victims are coerced or deceived by the person arranging their relocation. On arrival in the country of destination, the trafficked victim is forced into exploitation by the trafficker or person into whose control they are delivered or sold.
Article 3 of the Palermo Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Supplementing the United Nations Convention Against Transnational Organised Crime to the UN Convention (2000) (ratified by the UK on 6 February 2006) defines trafficking as:
(a) "Trafficking of persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat of or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in sub-paragraph (a) of this article shall be irrelevant where any of the means set forth in sub-paragraph (a) have been used.
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in sub-paragraph (a) of this article
(d) "Child" shall mean any person under eighteen years of age.
The Palermo Protocol establishes children as a special case. Any child transported for exploitative reasons is considered to be a trafficking victim, whether or not they have been deceived. This is partly because it is not considered possible for children to give informed consent. Even when a child understands what has happened, they may still appear to submit willingly to what they believe to be the will of their parents or accompanying adults. It is important that these children are still protected.
In this document the term 'children' is used to mean 'children and young people'. Part 1 of the Children (Scotland) Act 1995 (the 1995 Act), also defines a child as a person under 18 years of age, although the legal definition is variable, according to context, and in relation to the role of the Reporter and the Children's Hearings system, the definition of a child under Section 93.2 of the 1995 Act applies.
For the appropriate response and protection of vulnerable adults in Scotland, guidance on the Adult support and Protection (Scotland)Act 2007 is available 8. Some children and some adults have additional needs and vulnerabilities through disability, mental ill health or learning development. This guidance is prefaced by an expectation that professionals involved in safeguarding and protecting such individuals are mindful of their additional support and communication needs.
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