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Proposal to add the act of "buying and selling fetuses" to the concept of "human trafficking"

Báo điện tử VOVBáo điện tử VOV22/10/2024


The draft Law on Prevention and Combat of Human Trafficking (amended) consists of 8 chapters and 65 articles (1 article less than the draft submitted to the National Assembly , including the removal and addition of a number of articles).

However, there are still some contents that have received many different opinions and continue to be consulted with National Assembly deputies. Specifically, there are opinions that deputies suggest reviewing the concept of human trafficking in the draft Law to more fully internalize international commitments of which Vietnam is a member, and at the same time, the concept needs to be consistent with both the provisions of the Penal Code and the Law on Children.

Along with that, many delegates proposed adding the act of "agreeing to buy and sell human beings while they are still in the womb" to the concept of human trafficking in Clause 1, Article 2, to serve as a basis for effectively fighting and preventing this situation.

Delegate Thai Thi An Chung (National Assembly Delegation of Nghe An Province) said: “The Penal Code stipulates the crime of illegal trading of human organs and body tissues in Article 154, but fetuses are not human body parts. Therefore, I propose to add the prohibition of the trading of human fetuses to Clause 2, Article 3 of the draft Law as presented at the recent 8th session of the National Assembly Delegation. And add the concept of "fetus" to facilitate the implementation process in practice.”

In addition, the regulation on the age of victims being children under 18 years old in the draft Law is considered incompatible with the regulation prohibiting the act of buying and selling children under 16 years old in the Penal Code and the Law on Children. Delegate Huynh Thi Phuc (National Assembly Delegation of Ba Ria - Vung Tau Province) proposed to amend the age of children being victims of human trafficking in Clause 1, Article 2.

Delegate Huynh Thi Phuc explained: "This not only ensures strictness, but is also consistent with current laws and international commitments that Vietnam has signed."

During the discussion session, some opinions of the National Assembly deputies suggested considering and defining the victim (in Clause 6 and Clause 7, Article 2) as “any person who is the subject of human trafficking”, not just the subject of human trafficking to be consistent with the ASEAN Convention on Prevention and Combating Trafficking in Persons, Especially Women and Children. However, some opinions said that if the regulation is in the direction of the victim being “any person who is the subject of human trafficking”, it would be very difficult to prove in practice and would not ensure feasibility. Therefore, the identification of victims must be based on specific criteria, such as being abused by human trafficking and determined by competent authorities. Therefore, it is proposed to keep it as in the draft Law.

In addition, some National Assembly deputies also suggested prioritizing budget allocation for areas with serious and complicated human trafficking situations and border areas...

The revised Law on Prevention and Combat of Human Trafficking will continue to be revised, perfected, and quality assured for approval at this 8th Session.



Source: https://vov.vn/chinh-tri/de-nghi-bo-sung-hanh-vi-mua-ban-bao-thai-vao-khai-niem-mua-ban-nguoi-post1130133.vov

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