Decree on Prohibition and Combat of Trafficking in Persons (Legislative Decree No. 3 of 2010)

This legislative decree prohibits and penalizes trafficking in persons, including children (Article 5). It provides a definition of trafficking and sets out the criminal liability of perpetrators. The decree also provides that women and children who have been subject to an offence should receive special care.[1]

The Syrian law is the only Arab law that addresses the liability of purchasers, users, or clients. In this regard, the law explicitly states that anyone who has knowledge of the act of trafficking and benefits materially or morally from the services provided by the victim of trafficking shall be subject to imprisonment from six months to two years, in addition to a fine.

In a unique provision, the Syrian law applies this principle, stating that, in all cases where the law is silent and there is no explicit provision therein, the relevant substantive rules embodied in international laws and conventions in force for Syria shall apply (Article 19). Therefore, it can be argued that, although the Syrian law does not explicitly provide for the right of compensation to victims of trafficking, victims would have such a right, as stipulated by Article 6 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

[1] For more information about the issues relevant to this law, see “Guide to Child’s Rights in Syria,” Norwegian Refugee Council and Syria Trust for Development, July 2023, https://www.nrc.no/globalassets/pdf/guidelines/legal-protection-of-children/syria-child-rights-guide_english.pdf.