Resolução da Assembleia da República n.º 1/2008, de 14 de Janeiro de 2008
Resoluçáo da Assembleia da República n. 1/2008
Aprova a Convençáo do Conselho da Europa Relativa à Luta contra o Tráfico de Seres Humanos, aberta à assinatura em Varsóvia em 16 de Maio de 2005.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, o seguinte:
Artigo 1.
Aprovar a Convençáo Relativa à Luta contra o Tráfico de Seres Humanos do Conselho da Europa, aberta à assinatura em Varsóvia em 16 de Maio de 2005 e assinada por Portugal na respectiva data de abertura, cujo texto, na versáo autêntica nas línguas inglesa e francesa, assim como a respectiva traduçáo para língua portuguesa, se publicam em anexo.
Artigo 2.
Nos termos do n. 2 do artigo 31. é formulada a seguinte reserva:
Relativamente às competências previstas nas alíneas d) e e) do n. 1 do artigo 31., a República Portuguesa declara que náo aplicará as normas de competência aí
estabelecidas, em virtude da legislaçáo penal portuguesa estabelecer critérios de competência mais rigorosos e abrangentes do que os previstos nas alíneas supra-referidas.
Aprovada em 4 de Outubro de 2007.
O Presidente da Assembleia da República, Jaime Gama.
COUNCIL OF EUROPE CONVENTION ON ACTION AGAINST TRAFFICKING IN HUMAN BEINGS
Preamble
The member States of the Council of Europe and the other Signatories hereto:
Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being;
Considering that trafficking in human beings may result in slavery for victims;
Considering that respect for victims' rights, protection of victims and action to combat trafficking in human beings must be the paramount objectives;
Considering that all actions or initiatives against trafficking in human beings must be non discriminatory, take gender equality into account as well as a child -rights approach;
Recalling the declarations by the Ministers for Foreign Affairs of the Member States at the 112th (14 -15 May 2003) and the 114th (12 -13 May 2004) Sessions of the Committee of Ministers calling for reinforced action by the Council of Europe on trafficking in human beings;
Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and its protocols;
Bearing in mind the following recommendations of the Committee of Ministers to member states of the Council of Europe: Recommendation R (91) 11 on sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults; Recommendation R (97) 13 concerning intimidation of witnesses and the rights of the defence; Recommendation R (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation and Recommendation Rec (2001) 16 on the protection of children against sexual exploitation; Recommendation Rec (2002) 5 on the protection of women against violence;
Bearing in mind the following recommendations of the Parliamentary Assembly of the Council of Europe: Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member states; Recommendation 1450 (2000) on violence against women in Europe; Recommendation 1545 (2002) on a campaign against trafficking in women; Recommendation 1610 (2003) on migration connected with trafficking in women and prostitution; Recommendation 1611 (2003) on trafficking in organs in Europe; Recommendation 1663 (2004) Domestic slavery: servitude, au pairs and mail -order brides;
Bearing in mind the European Union Council Framework Decision of 19 July 2002 on combating trafficking in human beings, the European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and the European Union Council Directive of 29 April 2004 on the residence permit issued to third -country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;
Taking due account of the United Nations Convention against Transnational Organized Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children with a view to improving the protection which they afford and developing the standards established by them;
Taking due account of the other international legal instruments relevant in the field of action against trafficking in human beings;
Taking into account the need to prepare a comprehensive international legal instrument focusing on the human rights of victims of trafficking and setting up a specific monitoring mechanism;
have agreed as follows:
CHAPTER I
Purposes, scope, non -discrimination principle and definitions
Article 1
Purposes of the Convention
1 - The purposes of this Convention are:
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To prevent and combat trafficking in human beings, while guaranteeing gender equality;
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To protect the human rights of the victims of trafficking, design a comprehensive framework for the protection and assistance of victims and witnesses, while guaranteeing gender equality, as well as to ensure effective investigation and prosecution;
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To promote international cooperation on action against trafficking in human beings.
2 - In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific monitoring mechanism.
Article 2
Scope
This Convention shall apply to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime.
Article 3
Non-discriminationprinciple
The implementation of the provisions of this Convention by Parties, in particular the enjoyment of measures to protect and promote the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 4
Definitions
For the purposes of this Convention:
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«Trafficking in human beings» shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of 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;
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The consent of a victim of «trafficking in human beings» to the intended exploitation set forth in subparagraph a) of this article shall be irrelevant where any of the means set forth in subparagraph a) have been used;
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The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered «trafficking in human beings» even if this does not involve any of the means set forth in subparagraph a) of this article;
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«Child» shall mean any person under 18 years of age; e) «Victim» shall mean any natural person who is subject to trafficking in human beings as defined in this article.
CHAPTER II
Prevention, co -operation and other measures
Article 5
Prevention of trafficking in human beings
1 - Each Party shall take measures to establish or strengthen national co -ordination between the various bodies responsible for preventing and combating trafficking in human beings.
2 - Each Party shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings, by such means as: research, information, awareness raising and education campaigns, social and economic initiatives and training programmes, in particular for persons vulnerable to trafficking and for professionals concerned with trafficking in human beings.
3 - Each Party shall promote a human rights -based approach and shall use gender mainstreaming and a child-sensitive approach in the development, implementation and assessment of all the policies and programmes referred to in paragraph 2.
4 - Each Party shall take appropriate measures, as may be necessary, to enable migration to take place legally, in particular through dissemination of accurate information by relevant offices, on the conditions enabling the legal entry in and stay on its territory.
5 - Each Party shall take specific measures to reduce children's vulnerability to trafficking, notably by creating a protective environment for them.
6 - Measures established in accordance with this article shall involve, where appropriate, non -governmental organisations, other relevant organisations and other elements of civil society committed to the prevention of trafficking in human beings and victim protection or assistance.
414 Article 6
Measures to discourage the demand
To discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking, each Party shall adopt or strengthen legislative, administrative, educational, social, cultural or other measures including:
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Research on best practices, methods and strategies; b) Raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings;
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Target information campaigns involving, as appropriate, inter alia, public authorities and policy makers;
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Treventive measures, including educational programmes for boys and girls during their schooling, which stress the unacceptable nature of discrimination based on sex, and its disastrous consequences, the importance of gender equality and the dignity and integrity of every...
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