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exploitation

“Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.” The EU Council Framework Decision of 19 July 2002 on combating trafficking in human beings refers to the exploitation of a “person’s labour or services, including at least forced or compulsory labour or services, slavery or practices similar to slavery or servitude” and also to “the exploitation of the prostitution of others or other forms of sexual exploitation, including in pornography” (article 1.1). With regard to the purpose of “exploitation of prostitution and other forms of sexual exploitation” it is important to note that both the Council of Europe Convention and the EU Council Framework Decision (2002) on combating trafficking in human beings make a clear distinction between trafficking and prostitution as such. Although the Protocol explicitly mentions the exploitation of the prostitution of others and other forms of sexual exploitation as one of the purposes of trafficking, neither instrument implies a specific positive or negative position on (voluntary, non-coerced adult) prostitution as such, leaving it to the discretion of individual States how to address prostitution in their domestic laws.

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Human trafficking

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