Delegates agree to the regulation prohibiting human trafficking agreements from the fetus stage.

Prohibition of human trafficking agreements from the fetal stage

On the afternoon of October 22, presenting a report explaining, accepting and revising the draft Law on Prevention and Combat of Human Trafficking (amended) at the 8th session of the 15th National Assembly , Ms. Le Thi Nga, Chairwoman of the National Assembly's Judicial Committee, said that through reviewing a number of cases, civil rights can only be established after a person is born and is still alive.

Chairwoman of the National Assembly's Committee on Justice Le Thi Nga.

In addition, according to the provisions of the Penal Code, committing a crime against a pregnant woman is only considered an aggravating circumstance and not considered a crime against many people. Thus, legally, a person is only considered a human being when born and alive.

Ms. Le Thi Nga said that according to medicine, a fetus is not yet considered a human being. Clause 1, Article 2 of the draft Law stipulates the concept of human trafficking, while a fetus is not yet considered a human being as analyzed above, so the National Assembly Standing Committee believes that the regulation of fetal trafficking in the concept of human trafficking is inappropriate.

However, in recent years, the situation of buying and selling fetuses with the aim of buying and selling children after they are born has become a worrying reality.

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).

This sale agreement is essentially a precursor to human trafficking (trafficking in humans from the fetal stage), but the handling of this act is not yet regulated by law.

“In response to the requirement to improve the effectiveness of measures to prevent human trafficking early and from afar; at the same time, creating a legal basis to continue perfecting the law on handling violations related to women and children, absorbing the opinions of National Assembly deputies, Clause 2, Article 3 of the draft Law has stipulated the act of prohibiting the agreement to buy and sell human beings while they are still in the womb,” said Ms. Le Thi Nga.

Add the concept of "fetus" to facilitate the implementation process

During the discussion at the meeting hall, there were opinions from National Assembly delegates suggesting 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 people 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 ( Nghe An province delegation).

Delegate Thai Thi An Chung (Nghe An province delegation) said that the Penal Code stipulates the crime of illegal trading of human organs and body tissues in Article 154, but a fetus is not a human body part.

Therefore, Ms. An Chung proposed to add the prohibition of buying and selling human fetuses to Clause 2, Article 3 of the draft Law as presented at the recent thematic session of the 8th National Assembly. And add the concept of "fetus" to facilitate the implementation process in practice.

In addition, the regulation that the age of victims is children under 18 years old in the draft Law is considered incompatible with the provisions 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 (Ba Ria - Vung Tau province delegation) proposed to amend the age limit for children who are victims of human trafficking in Clause 1, Article 2.

Delegate Huynh Thi Phuc (delegation of Ba Ria - Vung Tau province).

Ms. 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 National Assembly delegates suggested considering and defining victims (in Clauses 6 and 7, Article 2) as “any person who is the subject of human trafficking”, not just those who are abused by human trafficking to comply with the ASEAN Convention on Prevention and Combating Trafficking in Persons, Especially Women and Children.

However, some opinions say that if the regulation is in the direction that the victim is “any person who is the subject of human trafficking”, it will be very difficult to prove in practice and does not ensure feasibility. Therefore, the identification of victims must be based on specific criteria, such as being violated by human trafficking and determined by competent authorities. Therefore, it is proposed to keep it as in the draft Law.

In addition, some delegates 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://www.baogiaothong.vn/dai-bieu-dong-tinh-quy-dinh-nghiem-cam-thoa-thuan-mua-ban-nguoi-tu-khi-la-bao-thai-192241022172015022.htm