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There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as “paper orphans”. There is no formal legal academic research available on how international law regards the displacement from family and subsequent construction as an orphan. This article provides a legal account of the movement of the child from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.

As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44 / 2008 on Pornography was enacted . With regard to the widespread distribution and accessibility of child pornography through the Internet , Indonesia also has Law Number 11 / 2008 and its revision on Electronic Information and Transaction . At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, i n 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children , Child Prostitution and Child Pornography ( OPSC ) . However, b ased on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC . This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issue s of Indonesian respective national law with the OPSC. On the basis of the findings , the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.

This paper is aimed at analyzing the changing pattern of prostitution. However, the definition of the act of prostitution has been metamorphosing for centuries from acceptable to illegal and then (in some jurisdictions) to criminal again, agitations by advocates have also necessitated the nomenclatural alteration from “prostitution” to “commercial sex work”. The paper examined how development in information and communication technology allows commercial sex workers to make connections with clients through internet and sell sex on this platform. Globalization processes has also changed the pattern of this business to a transnational activity. Although there are many willing transnational commercial sex workers, but organized criminal syndicates are using this development to traffic some women and children with the false promises of getting a lucrative from overseas but ultimately subject them to sex exploitation, child prostitution and sex labor. As is the plight of some Nigerian women in Italy and other European, Middle Eastern and Asian countries, many women from developing countries are recruited into this institution through human trafficking. As a result of commercial sex many women and girls suffer sexual violence, sex exploitation, sexual abuse and contract STDs. To curtail these problems, governments and transnational institutions are therefore urged to develop mechanisms that can tackle these problems by providing women with decent employment opportunities and increase surveillance across national borders.

The issue of child labour is an acclaimed universal phenomenon. This paper examines the reason for child labour, the types, problems, consequences and possible solution strategies. Specifically, the paper critically discusses the positive aspects of child labour and how it can be properly managed to the advantage of all. By working and contributing economically, children are showing solidarity with their families. The paper concludes by suggesting and recommending ways of positively managing child labour. Such include vast grassroots information campaigns and counselling on the hazardous effects of child labour and its economic values. It also discusses the roles federal/state governments can play through public education and enforcement of the universal basic education goals; introduction of a modified school curriculum that puts the recipients of child labour into consideration; creating and supporting rehabilitation and integration programmes and the enactment of penalties and sanctions against perpetuators negative child labour. Key Words: Bonded child labour, child work, child trafficking, cultural practice, exploitation, child prostitution, rehabilitation, self-reliance.

This paper introduces an alternative comprehensive approach to reduce sexual exploitation and child prostitution. The paper focuses on female devadasi temple prostitutes (Child sex workers but popularly understood as temple prostitutes in the name of dedication to deity) children in South India and the provision of support to integrate devadasi girls into the community and improve their psychosocial situation. The paper is designed broadly, taking cultural practices into consideration and also with a community participatory approach to achieve the goal. The broad objective of the paper is to promote alternative policy approaches, such as: 1. Community participation to integrate current devadasi girls into regular community life, 2. Community participation to avoid future initiation of young girls into the devadasi system, 3. Meeting the psychosocial needs through health, counseling and economical needs of devadasi girls in the community, 4. Assistance to devadasi girls as an alternative to devadasi service in the community. The policy advocacy includes participation by key community members and women's local Self-Help Groups (SHG's) networking to support existing devadasi girls to overcome stigma, social discrimination through cleansing rituals, and organizing vocational training skills to enhance their economic status. Other policy issues are integration of primary healthcare services to these girls and extending counseling services on sexual health and behavioral practices and also to introduce a micro credit system to existing devadasi girls. The paper draws its conceptual framework from psychosocial working group to provide comprehensive strategies to address community complexities. A community participatory approach has been proposed to adopt, in order to build a sustainable strategy to provide the psychosocial needs of the girls initiated into devadasi services, especially in South Indian states where it is prevalent.

The paper deals with the Convention on the Rights of the Child, the history of its origin and the problems of searching for a balance between the basic principles of CRC. It further summarizes the CRC structure, including analysis of the 3P principle (provision–protection–participation) and the best child's interest as a primary aspect for assessing the rights of the child. One part is also the analysis of CRC implementation, including the definition of a child and its problems. Implementation is considered from the aspect of the function of the Committee on the Rights of the Child, and also from the aspect of the duties of parties after ratification of the option records – the Option Record to CRC on engaging a child in armed conflicts, and also the Option Record to CRC on child trafficking, child prostitution and child pornography adopted by the Czech Republic. Without any doubt the Czech Republic understands the CRC as the basic international document that is taken into account not only with the elaboration of strategies (see “Right on Childhood”). On the other hand there are still weak points to improve (e.g. right of the child to file a complaint for violation of their rights).

We would like to thank Jay Silverman and Michele Decker for their thoughtful contribution to the public health discussion regarding commercial sex work and the grave issues of child prostitution and sex trafficking [1]. As the correspondents rightly assert, trafficking in persons is a criminal and human rights offense and should be vigorously opposed and its victims provided services. This is not a domain of any real contention in the public health or human rights communities. Nevertheless, the conflation of all forms of sex work with human trafficking, which they contend is an outcome of the essential inseparability of these two phenomena, does remain contentious. And, as with our paper, their work does not, arguably, resolve this contention. For the population of consenting adults who sell sex of their own volition, in settings as divergent from the India–Nepal context where Silverman et al. have worked as Washington D. C. or Amsterdam, sex workers and their advocates claim a domain of prevention and engagement that also uses human rights language, albeit the language of workers' rights and empowerment, to argue for services. And there is ample evidence to suggest that empowerment and an end to police harassment can improve health outcomes, including HIV. It may be that the most important issues in sex work and sex trafficking are contextual. In Silverman and Decker's recent work, funded by the Office to Monitor and Combat Trafficking in Persons of the Bush Administration's Department of State, they reviewed medical documentation and case record materials for 287 sex-trafficked and repatriated Nepalese girls and women who received services at Maiti Nepal between January 1997 and December 2005. Their findings revealed that 109 (38.0%) women and girls were HIV positive [2]. In our own work, perhaps 60% of ethnic Shan women living in Burma who were trafficked to Thailand may be HIV infected [3]. In both these Asian communities, the contexts of poverty (Nepal and Burma relative to India and Thailand, respectively) and the very low status both of women and girls and illegal aliens more generally, makes it almost impossible for any sex work not to be profoundly exploitative. In contrast, our work with AIDS service organizations in Moscow, Russia has taken place in a markedly different context [4]. The majority of women we encountered were adults when entering sex work, and over 80% indicated willingly entering into sex work and even coming to Moscow seeking such work. High rates of unemployment among women in the former Soviet Union, due to economic depression and gender discrimination, have brought these women to the Moscow sex trade seeking income. These economic factors are compounded by the fact that the majority of women in our sample were financially assisting or fully supporting family members. The fact that people besides themselves were dependent on the income of many of the sex workers must be taken into consideration in programs aimed at cessation of sex work. But none of the women interviewed were Moscow residents before entering the Moscow sex industry. Lack of legal status is perhaps the largest barrier preventing sex workers from receiving many important services and social benefits such as free and anonymous medical treatment, a steady job (outside of sex work), protection from the police, lodging, and psychological assistance. This is not a function of the legality of prostitution (sex work is not illegal in the Russian Federation), but of not having legal residency. This example illustrates the highly contextual nature of sex work, and indeed, of trafficking, and perhaps argues against a “one size fits all” approach to these difficult problems.

The emotive issue of child prostitution is at the heart of international debates over 'trafficking' in women and girls, the "new slave trade", and how these phenomena are linked with globalization, sex tourism, and expanding transnational economies. However, young sex workers, particularly those in the 'third world', are often represented through tropes of victimization, poverty, and "backwards" cultural traditions, constructions that rarely capture the complexity of the girls' experiences and the role that prostitution plays in their lives. Based on ethnographic fieldwork with girls and young women who are part of the Devadasi (servant/slave of the God) system of sex work in India, this paper introduces an alternative example of child prostitution. Demonstrating the ways in which this practice is socially, economically, and culturally embedded in certain regions of rural south India underlies this new perspective. I argue that this embeddedness works to create, inform, and give meaning to these girls as they grow up in this particular context, not to isolate and produce totally different experiences of family, gender identity, and moral character as popular accounts of child prostitution contend. Data pertaining to socialization, 'positive' aspects of being a young sex worker in this context, political economy, HIV/AIDS, and changes in the Devadasi tradition are used to support my position. Taken together, this alternative example presents a more complex understanding of the micro- and macro-forces that impact child prostitution as well as the many factors that affect the girls' ideas of what they do and who they are as people, not just sex workers.