Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 46
Paragraph- Paragraph text
- Furthermore, an assessment of the extent to which a situation, initiative or response is in conformity with international human rights law is possible if the human rights of victims of trafficking can be asserted with a sufficient level of detail by specifying what those rights actually are and what obligations they impose upon States. That task is made somewhat more difficult by the fact that the central international instrument relevant to trafficking, the Palermo Protocol, is not clear on the issue of the rights of victims. There are general references to human rights in the Protocol and it includes a number of obligations that may be understood as intended to protect victims. However, on its own, it makes little headway in establishing the precise nature of the entitlements of victims and how they should be satisfied. It is also relevant to note that when the mandate was first instituted, the international human rights system itself had not contributed substantially to clarifying the substantive content of the relevant rights and obligations. While there was regular condemnation of the human rights violations associated with trafficking, the practice was rarely linked to the violation of a specific right in a specific treaty. Throughout all aspects of their work, from country missions to thematic studies, the mandate holders have helped to confirm and promote awareness of those important rights and provided greater clarity regarding the rights of victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 46
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