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Concepts and terms in the field of prevention and combating trafficking in human beings


According to the national legislation to prevent and combat trafficking in human beings, the following notions are:

1) trafficking in human beings – recruitment, transportation, transfer, harbouring or receipt of a person, by means of threat of force or use of force or other forms of coercion, of abduction, fraud, deception, of abuse of authority or a situation of vulnerability, or by means of offering or receiving payments or benefits of any kind in order to obtain the consent of a person who has control over another person for the purpose of exploitation of the latter;

2) trafficking in children – recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, even if these actions were not accomplished through any of the means provided in sub-paragraph 1);

3) exploitation of a person – abuse of a person in order to obtain profit, namely:

a) compelling to perform work or services, by use of force, threats or other forms of coercion, in violation of the legal provisions connected to labour conditions, remuneration, health and security;

b) slavery, use of certain practices similar to slavery, or resorting to other ways of deprivation of liberty;

c) compelling to engage in prostitution, to participate in pornographic performances, with a view to the production, distribution and any introduction into circulation of such performances, the acquisition, sale or possession of pornographic material, or practicing other forms of sexual exploitation;

d) compelling harvesting of organs or tissues for transplantation or collection of other component parts of the human body;

e) using a woman as a surrogate mother or for reproductive purposes;

f) abuse of child’s rights with a view to illegal adoption;

g) use in armed conflicts or in illegal military formations;

h) use in criminal activities;

i) compelling to engage in begging;

j) sale to another person;

k) compelling to engage in other activities that violate fundamental human rights and freedoms.

The consent of a victim of trafficking in human beings to the intentional exploitation, stipulated in subparagraph 3), is irrelevant when any of the means of coercion specified in sub-paragraph 1) are employed;

4) child – any person under 18 years of age;

5) document – passport or identity card or any kind of travel documents of the person subject to exploitation;

6) seizure of documents – depriving by any means the person subject to exploitation of the documents mentioned in sub-paragraph 5);

7) debt bondage – the state of a person deprived of freedom, including the freedom of movement or holding hostage until he/she or a third party reimburses a legally or illegally established debt;

8) slavery – state or condition of a person over whom one or all entitlements flowing from a right of ownership are exercised;

9) slavery-like practices – state of a person who is kept or forced in a situation in which another person exercises mastery over him/her or forces him/her through deception or threats of violence, violence or other means of coercion to offer certain services, including to enter into or to remain as a concubine (i.e., co-habitation, n.a.) or in a marital relationship;

10) state of vulnerability – special state in which a person is found such that he/she is inclined to be abused or exploited, especially due to:

a) his/her precarious situation from the standpoint of social survival;

b) situation conditioned upon age, pregnancy, illness, infirmity, physical or mental deficiency;

c) his/her precarious situation due to illegal entry or stay in a country of transit or destination;

11) victim of trafficking in human beings – a natural person presumed or found to be subjected to acts of trafficking as provided for in sub-paragraphs 1) and 2).

12) trafficker in human beings – a person who participates in the organizing and carrying out of activities of trafficking in human beings;

13) identification of victims of trafficking in human beings – the process of verification of persons presumed to be victims of trafficking in human beings.





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