Improving Assistance Services for Child Victims: Innovative Support Programs

1. Caritas of Archdioceseof PragueMigration Centre Joint Staff Training Event November 2015 Chance and Challenge - Improve the assistance services for children and youth victims by developing innovative support programsErasmus Plus, Strategic Partnerships

2. Caritas of Archdioceseof PragueMigration Centre International documents United Nations Convention on the Rights of the Child Protocol to prevent, supress and punishtrafficking in persons, especiallywomen and children, suplementingthe United NationsConventionagainstTransnationalOrganizedCrime Directive 2011/36 /EU oftheEuropeanParliament and oftheCouncilof 5 April 2011 on preventingtrafficking, combating and protectingitsvictims, CouncilDirective 2004/81/EC of 29 April 2004 on the residence permitissued to third-country nationalswho are victimsoftrafficking in humanbeingsorwhohavebeenthesubjectofanaction to facilitateillegalimmigration, whocooperatewiththecompetentauthorities Directive 2012/29/EU oftheEuropeanParliament and oftheCouncilof 25 October 2012 establishing minimum standards on therights, support and protectionofvictimsofcrime, and replacingCouncil Framework Decision 2001/220/JHA, Directive 2009/52/EC oftheEuropeanParliament and oftheCouncilof 18 June 2009 providingfor minimum standards on sanctions and measuresagainstemployersofillegallystayingthird-country nationals

3. Caritas of Archdioceseof PragueMigration Centre National law Constitution Charter of fundamental rights and freedoms 40/2009 CriminalCode 141/1961 code of criminal procedures 137/2001 on the special protection of a witness and other persons in connection with criminal proceeding 209/1997 on granting financial assistance to victims of crimes 218/2003 on juvenile justice 326/1999 on the residence of foreign nationals on the territory of the Czech Republic 108/2006 on social services 262/2006 Labour code 435/2004 on employment 251/2005 on work inspection

4. Caritas of Archdioceseof PragueMigration Centre § 168Humantrafficking 1.Whoeverforces, arrangesfor, hires, lures, seduces, transports, hides, detainsorsurrenders a child to beusedforthepurposesof a) sexualintercourseofotherformsofsexual abuse, harassmentrt he productionof pornographicmaterials by another person, b) removaloftissues, cellsororgansfromthehuman body, c) service in armedforces, d) slaveryorservitudeor e) forcedlabourorotherformsofexploitation, orwhoever has a profit from such activity, shallbesentenced to imprisonmentfortwo to ten years. 2.Thesame sentence shallbeapplicable to thosewho use violence, thethreatofviolenceorofgrievousinjury, oremploysdeceptionorabusestheerror, duressor dependence of a person not fallingwithinsubsection 1, to tempt, arrangefor, hire, iure, seduce, transport, hide, detainorsurrenderthesaid person beusedforthepurposesof a) sexualintercourseorotherformsofsexual abuse, harassmentoftheproductionof pornographicmaterials by another person, b) removaloftissues, cellsororgansfromthehuman body, c) militaryservice, d) slaveryorservitudeor e) forcedlabourorotherformsofexploitation, orwhoeverprofitsfrom such acts.

5. Caritas of Archdioceseof PragueMigration Centre 3.Imprisonmentforfive to twelveyearsorconfiscationofpropertyshallbeapplicable to whoever a)commitsany such act as mentioned in subsection 1 or 2 as a memberofanorganisedgroup, b) exposesthrough such actanother person to thedangerofgrievousbodilyinjuryordeath, c) commits such anactwiththeintentofgainingsignificant benefit forherself/himselforfor anotherperson or d) commits such anactwiththeintentofprocuringthe use ofanother person forprostitution. 4.Imprisonmentforeight to fifteenyearsorconfiscationofpropertyshallbeapplicable to whoever a) causesgrievousbodilyinjury by any such act as mentioned in subsection 1 or 2, b) commitssuch anactwiththeintentofgaining benefit ofsignificantscopeforherself/himselfor foranotheror c) commitssuch anactwhilebeingconnected to aninternationalgroupactive in severalStates. 5. Imprisonmentfor ten to sixteenyearsorconfiscationofpropertyshallbeapplicable to whoevercausesdeath by any such act as mentioned in subsection 1 or2.

6. Caritas of Archdioceseof PragueMigration Centre § 169 Placing a child under the power of another person 1.Whoever profits from placing a child under the power of another person with aim of adoption or another similar purpose shall be punished with a prison sentence up to 3 years or activity prohibition. 2.Imprisonmentfortwo to eightyearsorconfiscationofpropertyshallbeapplicable to whoever a. commitsany such act as mentioned in subsection 1 as a memberofanorganisedgroup, b.exposesthrough such actanother person to thedangerofgrievousbodilyinjury, c. commits such anactrepeatelyor d. commits such anactwiththeintentofgainingsignificant benefit forherself/himselforforanother person. 3. Imprisonmentforthree to ten yearsorconfiscationofpropertyshallbeapplicable to whoever causesdeath by any such act as mentioned in subsection 1, commits such anactwiththeintentofgaining benefit ofsignificantscopeforherself/himselforforanotheror commits such anactwhilebeingconnected to aninternationalgroupactive in severalStates.

7. Caritas of Archdioceseof PragueMigration Centre § 189 Procuring Who forces, engages, hires, lures or seduces a person for prostitution or who has profited from prostitution by another person shall be punished with a prison sentence up to 3 years or activity prohibition or confiscation of property. § 192 Production or other use of child pornography • Who is in possession of photographic, film, computer, electronic or other pornographic materials or use a child or a person appearing to be a child shall be punished with prison sentence up to 2 years. 2. Whoever produces, imports, exports, offers, makes accessible to public, arranges, sells or procures to other person pornographic material displaying a child or whoever has a profit from such pornographic material shall be sentenced to imprisonment for 6 months to 3 years, activity prohibition or confiscation of property.

8. Caritas of Archdioceseof PragueMigration Centre § 193 Child misuse for pornography production 1.Who forces, recruits, hires, lures, seduces or misuses a child for production of pornography or has profited from a child´s participation in such activity shall be punished with prison sentence for 1 to 5 years. 2. If the offender commits the crime mentioned in subsection 1 a) like a member of an organized group or b) with the aim to make a big profit shall be punished with prison sentence for 2 – 6 years 3. If the offender commits the crime mentioned in subsection 1 b) with the aim to make a big profit shall be punished with a prison sentence for 3 – 8 years § 342 Unauthorized employment of foreigners § 190 Prostitution endangering the moral development of children Begging – municipal ordinance offence - other form of exploitation Prostitution – municipal ordinance

9. Caritas of Archdioceseof PragueMigration Centre Prosecution of the perpetrators Trafficking

10. Caritas of Archdioceseof PragueMigration Centre Procuring

11. Caritas of Archdioceseof PragueMigration Centre Thankyou foryourattention migrace@praha.charita.cz www.praha.charita.cz