The right to an effective remedy for trafficked persons 2011, para. 14
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The first requirement of State responsibility is that the relevant act or omission is attributable to the State. The conduct of any State organs and agents acting under the direction, instigation or control of those organs is clearly attributed to the State. In general, the conduct of private persons is not as such attributable to the State. The second requirement is that the relevant act or omission attributed to a State constitutes a breach of an international obligation of that State.
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Non-negotiated soft law
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Special Rapporteur on trafficking in persons, especially in women and children