ABSTRACT
In 2010, States Parties to the Trafficking in Persons Protocol requested the United Nations Office on Drugs and Crime (UNODC) to examine certain concepts within the definition of trafficking. This chapter focuses on the concepts examined for UNODC in response to that request: abuse of a position of vulnerability (APOV) as a means by which the 'act' element of the definition of trafficking is committed. It includes the drafting history of the Protocol; a review of relevant literature, including analysis of legal frameworks and associated practice; and in-depth interviews with practitioners in twelve countries representing different regions and legal traditions. A draft report bringing together the background research and country studies was then prepared and discussed by a group of expert practitioners before being finalised and published. The chapter reflects and builds on that work, its analysis and conclusions offer a deeper analysis that draws directly on the authors' collective experience of working with legislators and criminal justice officials.
