The Supreme Court of Justice of Peru improves the interpretation of trafficking in persons
Criminal Chambers of the Supreme Court issued a new plenary accord to improve the interpretation of trafficking in persons with support from the ILO
15 December 2023
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Lima – The Criminal Chambers of the Supreme Court of Justice of Peru have reached significant consensus by issuing Plenary Accord 04-2023/CIJ-112. The aim is to address and resolve interpretative problems that have arisen in national case law regarding the crime of trafficking in persons.
Discussions leading to this accord took place during the XII Jurisdictional Plenary of the Criminal Chambers of the Supreme Court, which took place this year. The meeting brought together supreme judges specializing in criminal law, who analyzed and deliberated on various controversial issues found in national case law. One of the main issues was the interpretation of trafficking in persons, specifically regarding labor exploitation and the sale of children.
The Plenary Accord, published on December 14, 2023, delves into aspects that could not be addressed in previous accords, such as Plenary Accord 06-2019/CJ-116, which also assessed trafficking in persons with technical assistance from the International Labour Organization (ILO). The ILO played a crucial role in this process, sharing academic contributions, technical reports, and participating in public hearings to enrich the discussion on the interpretation of trafficking.
In the new Plenary Accord, the Criminal Chambers of the Supreme Court established that in trafficking in persons cases the legally protected right is human dignity, and this must be interpreted in terms that lead us to avoid the reification of the human being. In addition, key concepts such as transfer were defined, and precise distinctions were made between forced labor, servitude, and slavery. The issue of trafficking in persons for the purpose of child labor exploitation was also addressed, even in cases where the means are not proven. The Accord also analyzes trafficking in persons for the purpose of the sale and illegal adoption of children.
"This tool resolves interpretative problems related to trafficking in persons and its forms of exploitation, especially those related to labor exploitation. From the ILO, we are proud to have contributed with academic and technical knowledge," said Karina Jensen, CTA of the ILO's Project Partnerships in Action to end child trafficking in Peru.
The ILO's support to the Judiciary is part of the Project “Partnerships in Action to end child trafficking in Peru”, supported by the United States Department of State's Office to Monitor and Combat Trafficking in Persons (J/TIP). Since 2018, the ILO has provided specialized technical assistance to enhance the capacities of the Peruvian criminal justice system in the fight against trafficking in persons, especially in cases involving children.
Discussions leading to this accord took place during the XII Jurisdictional Plenary of the Criminal Chambers of the Supreme Court, which took place this year. The meeting brought together supreme judges specializing in criminal law, who analyzed and deliberated on various controversial issues found in national case law. One of the main issues was the interpretation of trafficking in persons, specifically regarding labor exploitation and the sale of children.
The Plenary Accord, published on December 14, 2023, delves into aspects that could not be addressed in previous accords, such as Plenary Accord 06-2019/CJ-116, which also assessed trafficking in persons with technical assistance from the International Labour Organization (ILO). The ILO played a crucial role in this process, sharing academic contributions, technical reports, and participating in public hearings to enrich the discussion on the interpretation of trafficking.
In the new Plenary Accord, the Criminal Chambers of the Supreme Court established that in trafficking in persons cases the legally protected right is human dignity, and this must be interpreted in terms that lead us to avoid the reification of the human being. In addition, key concepts such as transfer were defined, and precise distinctions were made between forced labor, servitude, and slavery. The issue of trafficking in persons for the purpose of child labor exploitation was also addressed, even in cases where the means are not proven. The Accord also analyzes trafficking in persons for the purpose of the sale and illegal adoption of children.
"This tool resolves interpretative problems related to trafficking in persons and its forms of exploitation, especially those related to labor exploitation. From the ILO, we are proud to have contributed with academic and technical knowledge," said Karina Jensen, CTA of the ILO's Project Partnerships in Action to end child trafficking in Peru.
The ILO's support to the Judiciary is part of the Project “Partnerships in Action to end child trafficking in Peru”, supported by the United States Department of State's Office to Monitor and Combat Trafficking in Persons (J/TIP). Since 2018, the ILO has provided specialized technical assistance to enhance the capacities of the Peruvian criminal justice system in the fight against trafficking in persons, especially in cases involving children.