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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.

A fixed legal age of consent is used to determine when a person has the capacity to consent to sex yet in the late Victorian period the idea became a vehicle through which to address varied social concerns, from child prostitution and child sexual abuse to chastity and marriageability of working-class girls. This article argues that the Criminal Law Amendment Act (CLAA) 1885, the Act that raised the age of consent from thirteen to sixteen, and its application were driven by constructions of gender in conjunction with those of social class and working class family. The article firstly argues that CLAA 1885 and related campaigns reinforced class boundaries, and largely framed the working class family as absent, thereby, requiring the law to step in as a surrogate parent to protect the girl child. Secondly, the paper focuses on narratives emerging from the archives and argues that while narratives of capacity and protection in particular were key concepts behind reforms, the courts showed limited understanding of these terms. Instead, the courts focused on notions resistance, consent, and untrustworthiness of the victim, even when these concepts were not relevant to the proceedings due to victims' young age.

Increasing tourism numbers in Third World countries affect their economies and certain aspects of their society positively; however, there are concomitant negative effects that expose the dark side of the tourism industry. One of these is the escalating commercial sexual exploitation of children (CSEC), particularly child prostitution in the context of tourism, a phenomenon known as child sex tourism (CST). This paper reports on the recollections of the adult survivors of CSEC, who as children were exposed to CST through child prostitution (CP) and who formed part of a larger research project approached from a qualitative perspective.

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).