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Virtual Casebook: Women, Law and Social Change Part 2.E |
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V. Chin and Y.
Dandurand, Trafficking
and Other Transnational Forms of Violence Against Women and Children V. Chin and
Y. Dandurand, Chart
of Related Canadian and International Provisions: Trafficking Cases
R.
v. Sharpe [2001] 1 S.C.R. 45 R. v. McCrory [2001] BCJ No. 1622 Legislation
Immigration
and Refugee Protection Act. 2001, Bill
C-11 (assented) C-24: An Act to amend the Criminal Code (organized
crime and law enforcement) and to make consequential amendments to other Acts
2001, Bill C-24
(assented) An Act to amend the
Criminal Code (child prostitution, child sex tourism, criminal harassment and
female genital mutilation), S.C. 1997
c.16 (Bill C-27) Conventions
Convention Against Transnational
Organized Crime
Opened for signature December 20, 2000. For an overview of the Convention, consult
the Conference Web site at which the Convention text was debated and
finalized: http://www.odccp.org/palermo/convmain.html United Nations Convention against
Transnational Organized Crime Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime Protocol against the Smuggling of Migrants
by Land, Air and Sea, supplementing the United Nations Convention against
Transnational Organized Crime Protocol against the Illicit Manufacturing
of and Trafficking in Firearms, Their Parts and Components and Ammunition,
supplementing the United Nations Convention against Transnational Organized
Crime Convention on the Rights
of the Child Adopted and opened for signature,
ratification and accession by General Assembly resolution A/RES/54/263 of 25
May 2000; not yet in force (see article 14) Inter-American
Convention On International Traffic In Minors Adopted at Mexico, D.F., Mexico, on March
18, 1994, at the Fifth Inter-American Specialized Conference on Private
International Law (CIDIP-V) Convention on the
Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), which entered into force in 1981, is the primary
international treaty that deals with women's human rights. The Convention
prohibits all forms of discrimination against women. Article 6 reads:
"States Parties shall take all appropriate measures, including
legislation, to suppress all forms of traffic in women and exploitation of
prostitution of women." The rights outlined in other articles are also
important to addressing the rights of sex workers and victims of trafficking.
Opened for signature at Lake Success, New York, on 21 March 1950. International Labour Organization
Important International Labour Organization (ILO) Conventions can be
found by searching the ILO site. In particular, Conventions on Forced Labour
(No. 29), Abolition of Forced Labour (No.105), On Freedom of Association (No.
87), and Protection of Wages (No. 95) are relevant. Also relevant is the ILO
Convention Concerning the Prohibition and Immediate Action For the
Elimination of the Worst Forms of Child Labour adopted by the International
Labour Conference at its 87th session in June, 1999. Reports
and Articles
Trafficking
In Women, Including Thai Migrant Sex Workers, In Canada, A Report prepared for the Status of Women Canada,
by The Toronto Network Against Trafficking in Women, The Multicultural
History Society of Ontario, The Metro Toronto Chinese and Southeast Asian
Legal Clinic, June 2000 Canada:
The New Frontier for Filipino Mail-Order Brides, Report prepared for Status of Women Canada by
Philippine Women Centre of B.C., November 2000 Migrant
Sex Workers from Eastern Europe and the Former Soviet Union: The Canadian
Case, A Report Prepared for Status of
Women Canada by Lynn McDonald, Brooke Moore and Natalya Timoshkina, Centre
for Applied Social Research, University of Toronto, November 2000 Trafficking of
Women and Children for Sexual Exploitation in the Americas - Introduction to
Trafficking in the Americas, Organization of American States Documents
Model guidelines for
the effective prosecution of crimes against children IAP Best Practice Series No. 2 addresses the
conduct of prosecutions of crimes against children, following on the first
work in the series “Recommendations on Combating Use of the Internet to
Exploit Children”. These Model Guidelines bring together
international standards for the treatment of children and the proper
standards to be observed by prosecutors. They distil from those instruments
the general principles to be applied and deal in some detail with the
practical issues that arise against that background. Like other works in this series, it is first
and foremost a practical document. It tells prosecutors, in broad terms, what
should be observed when dealing with crimes against children at all stages of
prosecution, from initial dealings with victims and witnesses, through case
preparation to trial and sentencing. Extended material
To explore
a full range of Articles, Documents and Links on this topic, click to:
University of Toronto, Law Library, Women’s Human Rights Resources Online. Some commentary and materials are drawn from the University of Toronto Law
Library Women’s Human Rights Resources Web Site with permission. www.law-lib.utoronto.ca/diana
October 25, 2001 |