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, 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 alive.
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 defined as a human being. Clause 1, Article 2 of the draft Law stipulates the concept of human trafficking, while a fetus is not yet defined as a human being as analyzed above, so the Standing Committee of the National Assembly 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.
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.
Many delegates agreed with this provision in the draft law. National Assembly delegate Thai Thi An Chung (National Assembly delegation of Nghe An province) said that buying and selling fetuses is a new trick of human trafficking criminals.
Criminals often seek out women and ethnic minorities in remote areas to lure them abroad to give birth, sell them for money or exchange them for other objects.
The National Assembly member commented that this agreement is essentially a premise for child trafficking. However, it is difficult to handle because it is not yet included in the provisions of the Penal Code.
Therefore, in order to create a legal basis for crime prevention and protection of children's rights, it is necessary to supplement regulations prohibiting the act of agreeing to sell people from the fetus stage, meeting practical requirements.
"This regulation will contribute to the fight against and prevention of crimes of trafficking of children from the time they are still fetuses in the womb and is consistent with the provisions of international conventions on children's rights, which is to protect children from the time they are still in the womb," said the National Assembly deputy.
However, the National Assembly member noted that in reality, the buying and selling of fetuses can be for the purpose of buying and selling children after they are born, but can also be for other purposes.
The provisions in this draft law have dealt with the act of buying and selling fetuses for the purpose of buying and selling children, but have not dealt with the act of buying and selling fetuses not for the purpose of buying and selling children.
Citing the Penal Code, which stipulates the crime of illegally buying, selling, and appropriating human tissues and body parts in Article 154, but a fetus is not a human body part, the National Assembly Delegate proposed adding a provision prohibiting the buying and selling of human fetuses in Clause 2, Article 3 of the Draft Law.
At the same time, it is necessary to supplement Article 2 on the explanation of the term "fetus" to ensure consistent and convenient application in practice.
