Conceptual Framework

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Conceptual framework


Within the concept that encompasses people according to the Palermo (2000) protocol, it refers to transport, reception and transfer, resorting to the use of strength or other form of coercion, fraud or deception, with the aim of obtaining aeconomic benefit or another purpose, seeking to have authority and dominion over one or several people with the purpose of exploitation.

This exploitation will include, at least, the exploitation of foreign prostitution or other forms of sexual exploitation, forced works or services, slavery or practices analogous to slavery, servitude or organ extraction (Palermo, 2000). Understanding the above that deals is linked to transport, transfer or other form to the interior or exterior of the country with the reason for obtaining an economic benefit or other index of men, women and children. 

The Interinstitutional Committee to Fight Trafficking in Criminal Persecution Axis (2006)Relations of own or third -party benefit in different areas such as;Labor, sexual exploitation, domestic service, in begging, servile marriages, pornography, children linked to armed groups outside the law, organ traffic, among others.


Labor exploitation is explained according to the identification of assistance to victims of human trafficking in Santander due to the lack of labor rights, threat, absence of consent to carry out the work and different threats against life and its physical integrity, in addition to this, theGlobal Alliance against Trafficking in Women – Gaatw (2010) specifies that sexual exploitation is any participation of a person in sexual servitude, prostitution or any kind of pornographic material in which it has been deceived or subject to using different types of coercion,strength or some type of authority about this.

The Interinstitutional Committee to Fight Trafficking in Criminal Persecution Axis (2006), refers to servitude to any practice or modality where one person is delivered to another as some type of remuneration or reward made to a third party with theIn order to exploit it, it is normally subjected to domestic work, in the field or rural areas.

In addition to this, slavery or practices analogous to slavery are defined as a state or condition of the people who are all exercised or part of the powers attributed to property and slave right is any person in such a state or condition or condition. On the other hand, forced begging according to a situation in which the victim is obliged, through deception, threat or other forms of violence, to ask for money anywhere for the benefit of another

Within this framework we also find according to the Criminal Code that the crime is any action or omission expressly provided by criminal law. For it to be considered such, it must contain a norm and a sanction. Within this crime, the participation of two or three kinds of subjects, the trafficker or victimizer and the victim is evident. Being able to observe that this trader has a facilitator objective in the middle of a strategic network if in the case or simply the same trafficker can be the same family father.

On the other hand, the exploitation of the begging of others as stated by the Constitutional Court by meansget a benefit in favor of a third character.

Servile marriage

Servile or forced marriage is the conjugal bond, which does not happen from the will of any of people who will participate in the marriage, concur in the act, but is a kind of “counterpart” of some type of benefit, that is, it is usual forthe payment of debts, in the same way to obtain residence documents, so that the victim’s family receives a payment, among others.


Within the purposes of the crime of trafficking in persons, the illegal extraction of organs or their illegal sale can be considered, this occurs due to the demand for transplants or other medical effects, in this way and these organizations or networks are generated thatThey are responsible for capturing, moving, receiving and welcoming in order to extract the organs from the human body for later marketing.

In some cases these actions operate due to the victim’s ignorance, but there have been cases that the victim is completely aware of an economic need (UNODC, 2016).

Other forms of exploitation What is understood as exploitation purposes in article 188a is a list of non -taxative exploitation practices. This indicates that the modalities mentioned there are not the only ones that are covered by the crime, which leads to the promoting of new modalities not included there, but that they also lead to the violation of the autonomy of the human being of the human being(UNODC, 2016). 

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