جرائم الإتجار بالأطفال في التشريع الجزائري

Abstract

Trafficking of children is considred a new type of slavery, affecting the dignity of such weak creatures whose basic rights are being violated although guaranteed by various international conventions, especially the convention related to the child rights, and the optional protocol set to prevent and fight trafficking in human beigns, annexed to the United Nation Convention of the year 2000. Treating a child as a commodity in the slavery market is a mean and dangerous pattern which translates the moral decadence characterizing the behaviour of members of transnational crimal organizations, which are frantically competing to gain profits and intrests even at the expense of the child’s rights to a decent and safe life. The relative rise in the mumber of crimes targeting children is attributed to the absence of religious conscience on the one hand, and to the weakness of the methods used to face those crimes locally, on the other hand, besides the absence of a global and serious agreement that unites effortes of all countries in trying to find an ideal formula for international cooperation to stop the exapansion of such crime which is mercilessly affecting the nation’s youth, and making their families live in panic and worry. The researcher, in the present study, aims to show the ingenuity of the Algerian legislator, and its capacity to control the objective child protection mechanisms against the different forms of exploitation stated by the Act 09-01, amending and completing the Penal Law, and the Act 14-01, and all subsequent laws related to the same issue. She also aims to spot points of strengths and weaknesses in comparison to the different Arabic legislations and to the international documents dealing with the child protection. To reach the objective of this study, the researcher opted for the descriptive analytical approach and made use of a comparison tool. She divided her work into two major parts. The first part deals with the definition of children trafficking, tracing the historical development of this kind of slavery and aspects of its rejection by society, religion, and law, and the movements of change which brought about modern patterns of human slavery. On the other side, different expressions- simple and complex- are analyzed to fix the exact meaning of the term “children trafficking”. In this part, the researcher investigates the reasons and the consquences of the spread of such organised crime which has its unique characteristics, on the basis of the presence of elements of exploitation when selling the child. This is what distinguishes children trafficking from other similar crimes, such as human smuggling, kidnapping, and inciting minors to debauchery and prostitution. In the second part, Entitled "" Objective protection of the child from trafficking images”, the researcher depicts and discusses objective protection mechanisms adopted by the Algerian legislator to preserve the child rights from any kind of violation whatever the form of this crime or its purpose which is always related to sexual or physical abuse, illegal organ removal. For a better protection, the Algerian legislator considers that any assault on the child as an aggravating circumstance in the trafficking in human beings overall ( article bis 4, and article 319 bis from the penal law). The researcher did her best to cover all incrimination mechanisms by analyzing the constitutive elements of children trafficking crimes, and by comparing the Algerian criminal policy to a number of Arabic legislations and international conventions dealing with this matter. She also analyses the punishment policy adopted by the Algerian legislator to deter the natural or legal person from adopting any form of child trafficking. As such, the researcher, brings details about the criminal contribution and other particular cases which require punishment, and studies the possibility of individualizing punishment towards such kind of crimes, in terms of circumstances and excuses that may aggravate or mitigate the punishment, or allow a person to be exempted from any punishment. From another angle, the researcher casts light on the relation between the consent of victimized child and the assignment of the criminal responsibility to the criminal.