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education of children and families, socioeconomic status and exposure to forced
displacement. Children living with disabilities can have impairments and
vulnerabilities aggravated by migration and displacement settings, or new conditions
may develop, including related to mental health, if they are not provided with the
necessary care and support, are excluded from services or are invisible in migration
and displacement planning. 97
37. The Convention on the Rights of the Child and its Optional Protocol on the Sale
of Children, Child Prostitution and Child Pornography, together with the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children ,
supplementing the United Nations Convention on Transnational Organized Crime, 98
protect children from all forms of exploitation and abuse, including human trafficking
and sexual exploitation. Yet, child trafficking remains one of the most egregious child
rights violations globally and is inherently connected with other forms of explo itation
and abuse, with child trafficking victims almost twice as likely as adults to be
subjected to physical or extreme violence 99 and one in three identified trafficking
victims being a child. 100 For children, preventing and responding to trafficking
requires strong child protection, social protection and education systems, online
safety, enhanced pathways for safe and regular migration and frontline responders
equipped to identify victims and survivors. It also requires additional considerations,
including best-interests processes, child- and gender-sensitive justice procedures,
access to legal advice and representation, sexual and gender-based violence services,
training for enforcement and prosecution staff on child rights, alternative care
solutions and tailored reintegration assistance. Moreover, trafficked children,
including those exploited for criminal purposes, are often arrested, punished and
criminalized, instead of being provided with the necessary protection and child- and
gender-sensitive assistance that they should be afforded under international law. In
line with the non-punishment principle, child victims of trafficking should not be
subject to arrest, charge, detention, prosecution, or be penalized or otherwise
punished for illegal conduct that they committed as a direct consequence of being
trafficked. 101
38. Child migrants can also be particularly vulnerable to child labour, despite
protections against child labour and exploitation 102 set forth in the Convention on the
Rights of the Child, especially if they are undocumented, unaccompanied and in
countries where they face socioeconomic exclusion and lack of access to rights and
basic services. Many children in these situations end up in agricultural and domestic
work and some are victims of child trafficking. 103 Moreover, of an estimated
3.3 million children in situations of forced labour daily, there are an estimated
1.7 million children in commercial sexual exploitation, many of whom are victims of
human trafficking. 104
39. With almost half of all international migrants being women or girls, it is critical
that gender-specific needs are incorporated into migration policies and responses,
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UNICEF, “Included, every step of the way: Upholding the rights of migrant and displaced
children with disabilities” (February 2023).
Convention on the Rights of the Child, art. 35 (among others); Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children.
Inter-Agency Coordination Group against Trafficking in Persons, “Call for accelerated action by
2025 to prevent and end child trafficking” (November 2023), p. 2.
Global Report on Trafficking in Persons (United Nations publication, 2022).
Inter-Agency Coordination Group against Trafficking in Persons, “Non -punishment of victims of
trafficking”, issue brief No. 8/2020.
Convention on the Rights of the Child, arts. 32 and 36 (among others).
International Labour Organization, “Child labour and migration”.
International Labour Organization, cited in Inter-Agency Coordination Group, “Call for
accelerated action”, p. 7.
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