Prostitution of children
The Optional protocol on the sale of children, child prostitution and child pornography to the Convention on the Rights of the Child states that the prostitution of children or child prostitution is the practice whereby a child is used by others for sexual activities in return for remuneration or any other form of consideration (Article 2(b)). The remuneration or other consideration could be provided to the child concerned or to another person.
Most generally, the prostitution of children means that a party other than the child benefits from a commercial transaction in which the child is made available for sexual purposes - either an exploiter intermediary (pimp) who controls or oversees the child’s activities for profit, or an abuser who negotiates an exchange directly with a child in order to receive sexual gratification. The provision of children for sexual purposes may also be a medium of exchange between adults.
The Worst Forms of Child Labour Convention (Convention No 182) of the International Labour Organization (ILO) provides that the use, procuring or offering of a child for prostitution is one of the worst forms of child labour. This convention, adopted in 1999, provides that countries that had ratified it must eliminate the practice urgently. It enjoys the fastest pace of ratifications in the ILO's history since 1919.
The prostitution of children is seen as forming part of the commercial sexual exploitation of children (CSEC), and is sometimes connected to the trafficking of children for sexual purposes. Child sex tourism also falls within the category of the prostitution of children.
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Terminology
Child prostitution is sometimes used to describe the wider concept commercial sexual exploitation of children (CSEC). However, child prostitution excludes other identifiable manifestations of CSEC, such as commercial sexual exploitation through child marriage, domestic child labour and the trafficking of children for sexual purposes.
It was the limitations of the term child prostitution that led to the development in the mid-1990s of the term commercial sexual exploitation of children as a more encompassing description of specific forms of sexual violence against children related to trade. Nevertheless, ‘child prostitution’ remains in common usage and is indeed embedded in international instruments.
The terms child prostitution and child prostitute carry problematic connotations. This is because these terms, on their own, fail to make it clear that children cannot be expected to make an informed choice to prostitute themselves. The act of prostituting a child is in fact carried out by another party, as had been made clear in the definition provided by the Special Rapporteur of the United Nations Commission on Human Rights on the sale of children, child prostitution and child pornography. These terms do not adequately express a child’s experience of force, exploitation, and physical and psychological harm inflicted through their engagement in prostitution.
A child engaged in prostitution has usually been forced by other people or by circumstances into commercial sex. It is usually adults who create child prostitution through their demand for children as sexual objects, their misuse of power and their desire for profit.
In addition, worldwide public understanding of prostitution and prostitute has been shifting as a result of the introduction of terms such as sex worker, intended to raise the perceived status of women in prostitution. However, when it comes to children, to refer to sex work is wholly misleading; again, it downplays the criminal exploitation committed against a child forced into prostitution and suggests that a child ‘worker’ has somehow chosen to follow a ‘profession’.
In light of these concerns, international mainstream writing is increasingly avoiding the term child prostitute.
Gender
While most children used in this way are girls, some boys are also prostituted. However, for the purposes of grammatical simplicity, all further references in this article shall be in the feminine with the understanding that the masculine is also sometimes true unless otherwise specified.
Causes and context
Children are often pushed by social structures and individual agents into situations in which adults take advantage of their vulnerability and sexually exploit and abuse them. An all too common example of structure and agency combining to force a child into commercial sex is where the prostitution of a child follows on from prior sexual abuse, most likely in the home.
The prostitution of children is usually conducted in particular environments, such as from brothels, or bars and clubs, or homes, or particular streets and areas. Sometimes it is not organised, but often it is, either on a small scale through individual exploiter-pimps or on a larger scale through extensive criminal networks.
Children also engage in prostitution, however, when they exchange sex outside these environments and in return not only for basic needs such as accommodation, food, clothing, drugs or safety, but also for favours such as higher grades at school or extra pocket money for desired consumer goods otherwise out of their reach.
Some children are prostituted in conditions that appear otherwise perfectly normal. Enjo kosai, a practice reported in Japan, is sometimes considered an example of this. However, this latter practice is almost always voluntary rather than coerced.
Living and working conditions for children that are prostituted are generally appalling. Most of them live and work in unsanitary conditions, are poorly paid (if paid at all), unable to access proper medical care, and are kept constantly nearby through threat of force.
It is often reported that large numbers of so-called sex tourists use children involved in prostitution. However it is likely that the majority of their 'clients' are locals.
Prohibition
While the legality of adult prostitution varies between different parts of the world, the prostitution of children is generally considered to be illegal everywhere, even if only on paper.
Some literature considers the prostitution of children (or 'child prostitutes') as referring to children who are prepubescent and children who are in the early stages of puberty. It refers to older children (usually 13 to 17 years of age) as 'teenage prostitutes'. However, the key standard is set by the ILO's Worst Forms of Child Labour Convention, discussed above, which defines a child as a person under the age of 18 years old. Therefore the prostitution of children applies to the prostitution of all person under 18.
The laws of some countries do, however, distinguish between teenage prostitutes and the prostitution of younger children. For example, the Thai government defines a teenage prostitute as being between 15 and 18 years old, while the Japanese government defines one as being between 13 and 18. The basis for making this distinction may be that older children are considered legally able to consent to sex, while sex with younger children is automatically rendered unlawful as statutory rape. However, the definitions of teenage prostitution in some countries do not correlate to the relevant age of consent laws.
Extent
It is very difficult to determine the extent of prostitution of children due to the illegal and hidden nature thereof. However, the magnitude of the problem may often be exaggerated. Some cases or incidents have, however been documented properly.
See also
- Child labour
- Child pornography
- Commercial sexual exploitation of children
- International intruments relevant to prostitution of children
- Trafficking of children
Sources
- International Programme on the Elimination of Child Labour of the International Labour Organisation
- End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), ECPAT