Due diligence and trafficking in persons 2015, para. 20

Paragraph
Paragraph text
Due diligence on preventing trafficking also requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. As such, the present mandate holder has previously emphasized that international law "requires that States act with due diligence to prevent trafficking and the human rights violations with which it is associated," including to address demand, such that due diligence "on the part of States should require action on these wider processes, all of which foster demand for, and vulnerability to, trafficking." Additionally, Rantsev v. Cyprus and Russia, has clarified that as part of the positive obligation to address trafficking "a State's immigration rules must address relevant concerns relating to encouragement, facilitation or tolerance of trafficking." Often, however, States adopt immigration policies in the name of preventing trafficking that in practice deter movement; instead of being preventative, these policies make transborder movement more perilous and foster situations that lead to trafficking.
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
  • Movement
  • Violence
Person(s) affected
  • Persons on the move
Year
2015
Paragraph type
Other
Paragraph number
20