The Vulnerability of Minors after a Child Trafficking Situation

ABSTRACT

This article reports the experience of 20 minor victims of human trafficking in Peru and eight of their mothers, and describes how their vulnerability as victims increases because they are minors, and are often not considered subjects of law. The fact that they are under-aged seems to determine the type of assistance and care they receive during their reintegration process. The role of immediate family or other significant relatives, if any, is pivotal in the recovery process as they turn out to be a significant support system for the survivors. Their testimonies reveal different experiences depending on whether they were rescued or had escaped from the exploitative situation, and describe how they were treated by service providers during their access to justice.

Having a victim-centered approach to children that understands the complexity of trauma is essential, and should ensure among other things a period of reflection after rescue and family intervention, when possible. The study describes a State that fails to apply policies and norms in favor of children and adolescents or their rights. The findings reveal the need to investigate and find ways to overcome this situation.

Understanding the importance of accessing justice and having a victim- and trauma- centered approach is vital to promoting a just and peaceful society (SDG 16). Law enforcement and service providers responsible for protection and reintegration should apply a gender approach in their assistance to victims, so that stigmas and stereotypes do not interfere with the victims’ recovery (SDG 5). Coordinated strategies between different sectors are necessary for enabling victims of human trafficking and exploitation to overcome the conditions that made them vulnerable. Weak institutions limit access to justice, thus posing a threat to sustainable development in the long term.

KEYWORDS:

• Child trafficking
• child sexual exploitation
• vulnerability
• trauma
• access to justice
• state response
• family
• reintegration
• peru

Disclosure Statement

No potential conflict of interest was reported by the author(s).

Notes

¹ Human Trafficking and Trafficking in Persons are both terms used “to refer to a crime whereby traffickers exploit and profit at the expense of adults or children by compelling them to perform labour or engage in commercial sex.” (Office to Monitor and Combat Trafficking in Persons, 2021, p. 20 January). Both terms will be used throughout the article. When the term human exploitation is used, it will be in reference to diverse forms of exploitation that include HT and CSEC (considered a separate crime in Peruvian legislation).

² For example, CSEC or forced labor (also considered an independent crime).

³ There are still no official figures or data on CSEC, since the norm that recognizes it as an independent crime is very recent.

⁴ Since 2005 CHS Alternativo has had an Attention Center for victims of trafficking in persons and their families, which offers guidance and legal and/or psychological assistance in reporting, search, access to justice and reintegration. One of the authors of this article is the founder and coordinator of the Center, and conducted the research with an experienced team of psychologists that was responsible for applying criteria to determine emotional strength of the interviewees. Both authors work at the institution.

⁵ The ethics protocol was reviewed by the ethics office of the Pontificia Universidad Católica del Perú and the guidelines proposed by it were followed.

⁶ The use of Gesell Dome (or Chamber) is part of the protocol established in Peru, determining for a single interview with minor victims of any kind of violence in order to avoid revictimization.