Children as Chattel of the State: Deconstructing the Concept of Sex Trafficking

Abstract

International human rights law protects against child prostitution and commercial child sexual trafficking. However, age of sexual consent laws in most jurisdictions permit the non-commercial sexual exploitation of children. Age of consent for prostitution is generally set higher than the general age of sexual consent or is banned as is commercial child sex trafficking. Many countries do not permit marriage for children to whom adults yet have broad, lawful sexual access outside of marriage. The more vigorous opposition to commercial as opposed to non-commercial adult–child sex demonstrates the State's concern with its own and not the child's best interest. Through the misappropriation of children's rights discourse, States have sought to rationalise their current age of sexual consent laws. The latter, however, engages the State, in effect, in domestic sexual trafficking of children. Children from vulnerable groups are especially at risk as the law frequently renders children as chattel of the State.