Inconsistent definitions fail trafficked children

ECPAT UK, the UK Independent Anti-Slavery Commissioner and the Modern Slavery and Human Rights Policy and Evidence Centre (PEC) at the University of Oxford have recently released research highlighting significant issues with the UK's approach to child trafficking and exploitation due to current definitions and terminology.  

The report explained that many child victims of modern slavery are not formally unrecognised as they do not meet the legal definition of a ‘modern slavery’ victim, other related concepts are unclear or cross over, and these classifications can be applied differently across areas of jurisdiction in the UK. Identification of trafficked children is extremely difficult and inconsistent definitions of child exploitation can significantly impact the way a child victim is supported, leaving them at risk.  

The report ‘More than words’ pointed to several key factors contributing to the confusion of professionals responsible for safeguarding children from exploitation:   

• In contrast to the international legal human trafficking definition, the UK domestic law focuses on movement - such as requiring a child’s travel - leading to the exclusion of children who are exploited locally or online.   
• The age of children is another important factor which clouds practice, with the legal age of sexual consent being a barrier in the identification of child sexual exploitation for children 16- and 17-year-olds, considered to have provided consent to sexual activity which was in fact abuse.   
• This is further complicated by the fact that the statutory definition of child sexual exploitation includes coercion, deception or manipulation, which in practice can mean exploited children are perceived as making ‘choices’ to get involved in sexual acts. This is in contrast to the Modern Slavery Act’s definition of child trafficking, which underlines children can never consent to being exploited.   
• Similarly, the definition of child criminal exploitation includes coercion, deception or manipulation, which often means children are treated as offenders perceived as ‘voluntarily’ involved in criminal acts.  

 The research concludes by calling on the UK Government to introduce a clear, statutory definition of child exploitation and a national child exploitation strategy.