2.1.3 Convention on the Rights of the Child / UNCRC/ 1989
According UNICEF the CRC is the most rapidly and widely ratified international human rights instrument in the world, 192 states recognise the Convention principle that the child is a holder of rights and freedoms including States’ obligation to protect children from any act of violence.
Ethiopia has ratified the CRC in 1992 and it has made a major contribution in the domestic recognition of the human rights of all children and it had a significant contribution to incorporate prohibition of child trafficking in the 1995 of the Federal Democratic Republic of Ethiopia Constitution as provides Article 18. The underlying implication of the ratification of this Convention can be explained in terms of domesticating the Convention as an integral part of the law of the land, according to Article 9 Sub-article 4 and Article 13 of the Constitution It is clearly embedded with the Convention that State parties, which have ratified the Convention, are assumed to have made a commitment to treat these as their respective social policy obligations for children. Therefore, the ratification of these instruments is primarily the expression of the commitment of the Ethiopian government towards recognizing the protection of children in particular and to the rights of children of its citizens in general.
The CRC recognises the rights and interests of children in a comprehensive manner. Particularly in relation to trafficking some of these recognitions are: the right to life Article 6 sub article 1, the right to survival and development of the child Article 6 sub-article 2, the right not to be separated from their family Article 9, the right not to be transferred to another country Article 11, and the right to protection from sexual exploitation Article 34. These rights are violated in the process and/or consequence of trafficking. Article 34 states that the states must take appropriate measures from work that is harmful to their health, sexual exploitation, sexual abuse, and any unlawful sexual activity, whether it is prostitution, the performance of anything pornographic, or any other such act even while they are in the care of their parents.
In relation to States parties obligation the CRC urges State parties to protect children from trafficking as is stipulated under Article 4 and Article 19 of the CRC, in light of children rights States parties shall recognize that every child has the inherent right of protection and shall ensure to the maximum extent possible of the survival and development of the child. Especially Article 35 impose obligation against State parties which states;
“State parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or any form”.
However, neither under the Convention Article 4 nor Article 35 is there elaboration what the obligation of States to...