Trafficking in Persons – Policy on Consent – Girls & Women
Date: November 29, 2018
UNODC – United Nations Office on Drugs & Crime
Consent of Victims
The Trafficking in Persons Protocol also establishes that consent of the victim is irrelevant where the use of means, as in the definition of trafficking in persons, is established. In doing so, the Protocol recognizes that a victim’s exercise of free will is often limited by means of force, deceptionn or the abuse of power. It respects the ability of adult persons to make self-determined decisions about their lives, specifically regarding labour and migration choices. However, the Trafficking in Persons Protocol excludes a consent-based defence in cases where the use of improper means of obtianing consent is established. A child cannot consent: even if none of the means are established, the Protocol excludes any possibility of consent from a victim under the age of 18. In other words, even if a child is not threatened, no force is used against him or her, or he or she is not coerced, abducted, or deceived, the child cannot give consent to the act of trafficking for the purpose of exploitation.