Continuing the program of the August legal session, on the morning of August 13, the National Assembly Standing Committee gave opinions on explaining, accepting, and revising the draft Law on Prevention and Combat of Human Trafficking (amended).
Reporting on a number of major issues regarding the reception and revision of the draft Law on Prevention and Combat of Human Trafficking (amended), Chairwoman of the Judicial Committee Le Thi Nga said that this is an important law project, with many new policies related to the identification of human trafficking, the reception, rescue, and support of victims, people in the process of being identified as victims, and accompanying people under 18 years old; at the same time, there are many contents to internalize the provisions of relevant international treaties.
After the 7th session, the Standing Committee of the Judicial Committee, the drafting agency and relevant agencies have carefully studied, absorbed to the maximum and explained the opinions of National Assembly deputies, opinions of relevant agencies, experts in each field and up to now, the draft law has basically reached high consensus. The draft after being absorbed and revised has 8 chapters, 67 articles, 1 article more than the draft law submitted to the National Assembly.
Of which, Articles 45 and 58 are removed, Articles 21, 40 and 67 are added; 65 articles are amended, and 2 articles are kept unchanged.
According to the Chairman of the Judiciary Committee, the concept of human trafficking in the draft law basically ensures the unity and uniformity of the legal system, responds to practical requirements in the fight against human trafficking, and ensures compliance with international treaties on the prevention and combat of human trafficking to which Vietnam is a member.
The concept of human trafficking has combined all three elements: behavior, purpose and means. However, through review, it shows that there are still contents of the concept of human trafficking that are not really consistent with some provisions of current law.
Therefore, to ensure consistency with the provisions of the Penal Code, the Law on Adoption and to ensure conformity with reality, the Standing Committee of the Judicial Committee proposes to add the phrase "except where otherwise provided by law" after the phrase "other material benefits" in paragraph 2, clause 1, Article 2 of the draft law; at the same time, edit a number of words and phrases in the concept of "human trafficking" to ensure the logic and technicality of the document and have been specifically expressed as in the draft law.
Regarding the National Assembly delegate's proposal to stipulate that children born to victims of trafficking are also victims, the Standing Committee of the Judiciary Committee found that in reality, there are many cases where children are born while the mother is being trafficked.
These children are not direct subjects of human trafficking, except in cases where the child is agreed to be sold while still in the womb.
However, to ensure humanity and protect children's rights, the draft law has provisions to support people under 18 years old accompanying victims, people in the process of being identified as victims, such as support for essential needs, medical care, psychology, travel expenses, legal support, and interpretation.
In addition, to ensure logic and rigor, the Standing Committee of the Judiciary Committee proposed to revise the content of Clause 6 and Clause 7, Article 2 as in the draft law - Ms. Le Thi Nga said.
Regarding the act of buying and selling fetuses, the Standing Committee of the Judiciary Committee found that fetuses have not been identified as human beings, so the regulation of buying and selling fetuses in the concept of human trafficking is inappropriate.
However, in reality, there is a situation of buying and selling fetuses with the aim of buying and selling the child after birth, and this buying and selling agreement is a premise for human trafficking.
Therefore, to ensure early prevention and containment, respond to practical requirements, and absorb the opinions of National Assembly deputies, the draft law has added a provision on prohibited acts: "buying and selling fetuses; agreements to buy and sell people while they are still fetuses."
Giving opinions at the meeting, many delegates also suggested that it is necessary to consider adding to the draft law a provision that buying and selling fetuses is also a crime of human trafficking.
Colonel Vu Xuan Dai, Deputy Director of the Department of Drug and Crime Prevention, Border Guard, said that through the practical struggle of the border guards in the border area, in combination with the police force, many very serious cases of crimes of buying and selling newborn babies and surrogacy have been discovered.
The crime of human trafficking, especially the trafficking of newborns and surrogacy, tends to develop very complicatedly. This trafficking not only violates the rights of the fetus but also seriously violates human dignity. If considered from a legal perspective, the behavior of the mother whose child is sold also shows signs of a crime.
Adding the above acts to the crime of human trafficking will demonstrate respect and protection of the rights of fetuses, in accordance with ethical and humane values, Colonel Vu Xuan Dai emphasized.
Mr. Nguyen Cong Long, Standing Member of the National Assembly's Judiciary Committee, said that measures are needed to prevent human trafficking at the fetal stage.
“Obviously, specialized laws need to have very specific regulations in order to create a legal basis for handling the matter,” Mr. Nguyen Cong Long commented, emphasizing that in order to do so, specialized laws must determine the legal status of the fetus.
It is necessary to add provisions on the sale of fetuses to the draft Law on Prevention and Combat of Human Trafficking (amended). This will help authorities easily apply and enforce the law; ensuring deterrence against violations.
TB (according to VNA)Source: https://baohaiduong.vn/bo-sung-quy-dinh-nghiem-cam-mua-ban-bao-thai-390171.html
Comment (0)