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Prevention of trafficking in persons 2010, para. 26
- Paragraph text
- Thus, a brief analysis of some of the root causes of trafficking shows that there is a wide range of intertwined factors at play. One single factor such as poverty, gender discrimination or lack of employment opportunities per se does not necessarily lead to trafficking; rather, it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked. Thus, measures aimed at addressing the root causes of trafficking should be based on the recognition that trafficking is caused by a lack of comprehensive protection of such human rights, as freedom from discrimination, the right to work, the right to an adequate standard of living and freedom of movement. As an example, the United Nations Children's Fund (UNICEF) advocates for a comprehensive child protection system rather than measures that focus narrowly on trafficking. In its "system-building" approach, UNICEF promotes shifts towards building and strengthening social welfare, changing social behaviour and improving the legal and justice system for child protection in a holistic manner, based on the principles enshrined in the Convention on the Rights of the Child. This approach can be offered to other groups at high risk of being trafficked, such as women or ethnic minorities, so that prevention measures are designed to protect the human rights of potential victims of trafficking in a comprehensive manner rather than focusing on alleviating one factor. Consistent with this approach, the Special Rapporteur welcomes the recent adoption by the General Assembly of the United Nations Global Plan of Action against Trafficking in Persons (resolution 64/293) in which Member States affirmed their commitment to adopt and implement comprehensive policies and programmes at the national level to prevent trafficking in persons in line with relevant policies and programmes on migration, education, employment, gender equality, empowerment of women and crime prevention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 43
- Paragraph text
- The provision of adequate information about migrants' rights, as well as practical advice on how to avoid risks during the migratory process and in destination countries, is also an integral aspect of promoting safe migration. While some Governments conduct pre-departure training programmes for prospective migrants, reports indicate that they often fall short of equipping prospective migrants with relevant knowledge about their rights or where to seek assistance when they encounter problems in destination countries. In this respect, some initiatives by non-governmental organizations provide useful lessons. A project aimed at promoting safe migration, implemented by an international non governmental organization in the Xishuangbanna Prefecture in China, is a good example of how a safe migration channel for children and young people has been created among the places of origin, transit and destination. In this project, the organization raises awareness of potential migrants in the place of origin (Manxixia) and nearby villages on the risks associated with migration and trafficking. The recruiters are registered and linked to the young people who are eligible for and interested in work. In the place of destination, the organization works with the community government of Liming and the youth league of Xishuangbanna Prefecture to raise migrants' awareness of the risks associated with migration, such as labour exploitation and trafficking. The community government also helps to mediate any labour disputes between migrants and their employers. In this manner, migrant children and youths are provided with a comprehensive pre- and post migration support and protection system.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 36
- Paragraph text
- As has been observed, while proponents on both sides of the debate hold tenaciously to their convictions, there remains no conclusive link between the legalization or criminalization of prostitution and the existence of trafficking for sexual exploitation. Although the Special Rapporteur does not wish to draw conclusions in this debate, she wants to shift the attention away from exclusively tackling consumer demand and to underline the critical need to ensure that undivided attention is paid to prevention strategies that focus on tackling the structural root causes of trafficking while respecting the human rights of trafficked persons. In this context, the Special Rapporteur notes the evidence that the majority of clients of commercial sexual services are not concerned whether the services are provided by persons who are prostitutes by choice or trafficked persons. The evidence also suggests that trafficking results mainly from the demands of employers or third parties (such as recruiters, agents, transporters and others knowingly participating in trafficking) who control and exploit people, coupled with the lack of labour rights protection that allows exploitation to take place.
- 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
- Violence
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 37
- Paragraph text
- In this regard, despite her view that demand for all types of commercial sex should be eliminated, the former Special Rapporteur on the human rights aspects of the victims of trafficking in persons reached a different conclusion about the measures appropriate to reduce demand in cases other than prostitution, notably when goods were made by workers who had been trafficked. In her report (E/CN.4/2006/62, para. 59) she expressed the view that: States parties need not eradicate demand simply because that demand is occasionally met by goods produced by trafficked labour. For example, the consumer market for athletic shoes could be met occasionally by shoes produced by people who have been subjected to one or more of the means of trafficking listed in the Protocol definition. There are reasonable steps States parties may take to discourage the demand side of such markets without seeking to wholly eradicate the consumer demand for athletic shoes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 68
- Paragraph text
- The protection of the human rights of migrants is of paramount importance in preventing exploitation that leads to trafficking. Thus, States should respect, protect and promote the human rights of migrants, particularly labour rights in sectors where such protection has traditionally been weak or absent, such as domestic work. To that end, States should sign, ratify and enforce all relevant human rights instruments, in particular the Palermo Protocol and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 16
- Paragraph text
- In developing effective strategies to combat trafficking in persons, the Special Rapporteur has consistently advocated for basing such strategies on "5P's" (protection, prosecution, punishment, prevention and promotion of international cooperation) and "3R's" (redress, rehabilitation/recovery and reintegration of victims to assume a constructive role in the society) (A/HRC/10/16 and Corr.1). The role of prevention is critical in ensuring that the crime of trafficking does not occur in the first place. Despite its importance, the efforts to combat trafficking have been largely centred on a "symptom-specific" approach in that solutions are sought only after particular problems occur. It follows that resources and efforts are often concentrated on prosecuting traffickers or developing assistance programmes for survivors of trafficking but neglect the development and implementation of comprehensive and systematic prevention measures.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 17
- Paragraph text
- In examining what the "prevention" of trafficking in persons entails, it is useful to revisit the legal framework and standards on combating such trafficking. One of the fundamental objectives of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol) is to prevent and combat trafficking in persons, paying particular attention to women and children. To that end, States parties are obliged to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. Article 9 of the Palermo Protocol further provides that States parties shall adopt or strengthen various measures to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity and to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 29
- Paragraph text
- OSCE has addressed trafficking in persons as a major concern since 2000, when the first Ministerial Council Decision on enhancing the OSCE's Efforts to Combat Trafficking in Human Beings was taken. In 2003, the OSCE Action Plan to Combat Trafficking in Human Beings was adopted, and in 2006 the Special Representative and Coordinator for Combating Trafficking in Human Beings was appointed. In 2007, a Platform for Action against Human Trafficking was adopted, which focuses on six priority areas: encouraging action at national level and establishing national anti-trafficking structures; promoting evidence-based policies and programmes; stepping up efforts to prevent trafficking in human beings; prioritizing action against child trafficking; addressing all forms of trafficking in human beings; promoting effective assistance and access to justice for all victims.
- 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
- Violence
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 15
- Paragraph text
- On face value, State responsibility may seem difficult to establish in cases of trafficking, as trafficking is often committed by private individuals, criminal groups and networks acting without instructions from, the direction of or control by a State. However, the fact that the relevant act or omission was conducted by private persons does not necessarily absolve the State of its responsibility, as State responsibility may arise "if it failed to take necessary measures to prevent the effects of the conduct of private parties". Importantly, whether or not such failure is attributed to a State would depend on the existence of relevant international obligations of that State to take such measures. In the context of human rights and trafficking in persons, obligations to prevent and punish acts of private persons clearly exist, as seen in the obligations under the Palermo Protocol to "prevent and combat" trafficking in persons, and under international human rights law to prevent human rights violations by non-State actors. The standard applied in determining a breach of these obligations is that of "due diligence", so that States may be responsible for providing remedies where they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of such violations. An example of the application of these principles at the regional level is the case of Rantsev v. Cyprus and Russia in which the European Court of Human Rights ordered Cyprus and Russia respectively to pay compensation to the family of the victim of trafficking for the failure to provide for an appropriate legal and administrative framework to combat trafficking and to properly investigate how and where the victim was recruited, pursuant to article 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 18
- Paragraph text
- In substance, victims of human rights violations must be provided with adequate reparations for the harms suffered. While most human rights treaties do not explicitly spell out the content of reparations, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law ("Basic Principles and Guidelines on Remedy and Reparation") elaborate various forms of reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Clearly, the form of reparations that should be provided to the victim would depend on the nature and circumstances of the violation. While not all forms of reparation are necessary in all cases, adequate reparation may only be achieved in particular cases by the combination of different forms of reparation.
- 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
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- The Special Rapporteur engaged in further dialogues with a number of stakeholders following the presentation of the Human Rights Council report and found that the obstacles discussed above in successfully obtaining remedies are still common in many parts of the world. As far as compensation is concerned, research conducted by the European Action for Compensation for Trafficked Persons project ("COM.PACT project") demonstrated that although there is an emerging awareness about the right to compensation for trafficked persons and the legal frameworks in these European countries allow trafficked persons to claim compensation, the actual receipt of a compensation payment by a trafficked person is extremely rare. While there is a variety of factors that negatively affect trafficked persons' ability to claim compensation, the most common reasons include the lack of knowledge on the part of trafficked persons about their right to compensation, restrictive eligibility criteria for State-funded compensation funds, the failure of law enforcement authorities to confiscate assets or to use confiscated assets to compensate trafficked persons and the lack of jurisprudence on compensation for trafficked persons. Further, discussions at the international round table on "Compensation for trafficked persons in Belarus, Moldova and Ukraine", organized by La Strada Belarus on 10 June 2011, revealed that such obstacles as the lack of information about the right to compensation, the lack of knowledge on the part of judges and lawyers about the victims' right to compensation and the absence of legal aid, significantly reduce trafficked persons' chances of successfully claiming compensation.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 28
- Paragraph text
- In order to guide States in operationalizing the right to an effective remedy, the Special Rapporteur submitted the draft basic principles on the right to an effective remedy for trafficked persons in the Human Rights Council report. The draft basic principles are reproduced in the annex to the present report. The Special Rapporteur noted with appreciation that a number of States, including Brazil, Costa Rica, Greece, the Republic of Moldova, Slovakia and Venezuela (Bolivarian Republic of), expressly welcomed the draft basic principles during the interactive dialogue at the Human Rights Council.
- 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
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- The draft basic principles are based on existing international human rights law and standards and do not represent new norms of human rights. They are designed to bring clarity to the concept of the right to an effective remedy and to elaborate specific factors to be taken into account when this right is applied to trafficked persons. For example, the draft basic principles explicitly spell out that States have obligations to ensure that adequate procedures are in place to enable quick and accurate identification and that trafficked persons are not subjected to discriminatory treatment in law or in practice, as these are preconditions in exercising the right to an effective remedy in the context of trafficked persons. Further, reflecting the complex nature of the crime of trafficking, the draft basic principles specify that restitution may require States to provide trafficked persons with temporary or permanent residence status where a safe return to the country of origin cannot be guaranteed or is otherwise not in the best interest of the trafficked person. With respect to recovery, the draft basic principles provide that States shall ensure that trafficked persons' access to assistance and other benefits are not dependent on their cooperation in legal proceedings, as this is a common obstacle for trafficked persons in accessing such assistance and other benefits. Lastly, the draft basic principles provide that States have a duty to ensure that trafficked persons are allowed to lawfully remain in the country in which the remedy is being sought for the duration of any proceedings, having regard to the fact that trafficked persons are often treated as irregular migrants subject to detention and deportation.
- 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
- N.A.
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- The Special Rapporteur reiterates that States have an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. Furthermore, States have a duty to respect, protect and fulfil the right to an effective remedy under international human rights law. To this end, States' responses to trafficking should be guided by the objective of implementing the right to an effective remedy for trafficked persons. Trafficked persons must be recognized as holders of rights from the moment when they are identified as trafficked and States should implement measures to facilitate their realization of these rights. As different components of the right to an effective remedy are interrelated with each other, it is crucial for States to provide for a continuum of assistance and support, aimed at restitution, recovery, compensation, satisfaction and guarantees of non-repetition, as appropriate in each individual case.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 27
- Paragraph text
- A related concern is the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation. Given the high degree of trauma experienced by trafficked persons, empirical evidence suggests that a minimum period of 90 days is required in order to ensure that the cognitive functioning of trafficked persons improves to a level at which they are able to make informed and thoughtful decisions about their safety and well-being, and provide more reliable information about trafficking-related events. This issue of a "reflection and recovery period" will be explored further in section D, subsection 3.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 61
- Paragraph text
- The importance of implementing this right in a holistic manner has received peripheral attention by States, which instead tend to focus on criminal justice responses. Trafficked persons are often seen as "instruments" of criminal investigation, rather than as holders of rights. In many States, trafficked persons do not receive remedies in a holistic manner as a matter of right, but are only provided with ad hoc measures which are effectively by-products of criminal investigation, such as temporary residence permits contingent upon cooperation with law enforcement authorities and assistance in recovery which is in turn tied to temporary residence permits. Trafficked persons are rarely known to have received compensation, as they are often not provided with the information, legal and other assistance and residence status necessary to access it. At worst, many trafficked persons are wrongly identified as irregular migrants, detained and deported before they have an opportunity to even consider seeking remedies.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 62
- Paragraph text
- In the light of these challenges, the Special Rapporteur submits the draft basic principles on the right to an effective remedy for trafficked persons in annex I to the present document. These basic principles are a work in progress, as the Special Rapporteur intends to continue refining them on the basis of inputs she may receive. The Special Rapporteur hopes that the basic principles serve as a useful guidance for States and practitioners on the content and scope of the right to an effective remedy for trafficked persons and also as indicators of the minimum obligations of States in the realization of this right.
- 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
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 71
- Paragraph text
- Where State-funded compensation schemes for victims of crime exist, States should abolish eligibility criteria which have the effect of preventing trafficked persons from seeking compensation, such as nationality and long-term residence requirements. Where no compensation scheme exists, States should consider establishing one that provides compensation to trafficked persons and using confiscated assets and tax deductible voluntary donations to finance such a scheme. Compensation through such scheme should be available to all groups of trafficked persons on a non-discriminatory basis.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 55
- Paragraph text
- The best interests of the child need to be carefully considered before deciding the course of action for trafficked children, particularly where it involves criminal proceedings. In many cases, the child's participation in criminal proceedings may not be in his or her best interest where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Thus, in determining whether a trafficked child should be involved in criminal proceedings, the benefits of such involvement should be carefully weighed against any negative consequences in order to ensure that it is indeed in the best interests of the particular child.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The issue of human trafficking in supply chains 2012, para. 32
- Paragraph text
- With the growing recognition that the private sector can contribute to preventing and combating trafficking, voluntary codes of conduct on human trafficking specifically targeting corporations have been developed. One notable example is the Athens Ethical Principles and the accompanying Luxor Implementation Guidelines. Adopted by participating business representatives in 2006, there are seven core principles, including demonstrating zero tolerance towards human trafficking and encouraging business partners, including suppliers, to apply ethical principles against human trafficking. The Luxor Implementation Guidelines were subsequently adopted in December 2010 to aid the implementation of the core principles.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 33
- Paragraph text
- Recognizing that there are great risks of human trafficking in supply chains, the Luxor Implementation Guidelines provide practical measures that companies must take to minimize those risks, including publicly posting recruitment procedures throughout the company's supply chain or chains, mapping the supply chain or chains so that there is a system to trace commodities to raw materials, having highest-risk suppliers become certified by external auditors or agree to unannounced audits against the company's code of conduct, and developing training modules for all employees in the company's supply chain or chains on the basics of human trafficking and how to recognize and report it.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 19
- Paragraph text
- The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. In recent years, a number of other States, including Lesotho, Lebanon and Romania, have passed new anti-trafficking laws.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 14
- Paragraph text
- In addition, under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in 2000, States parties are required to adopt such legislative and other measures as may be necessary to establish trafficking in persons as a criminal offence (art. 5). In addition, States parties are to establish comprehensive policies, programmes and other measures to prevent and combat trafficking in persons (art. 9 (1) (a)). This obligation to criminalize the conduct of trafficking entails a broad range of other related obligations, such as that to effectively investigate, prosecute and adjudicate trafficking and to punish individuals and legal persons found guilty of trafficking by imposing effective and proportionate sanctions, as set out in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1, principles 13 and 15).
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 47
- Paragraph text
- In some cases, companies themselves have taken a leadership role in developing and implementing multi-stakeholder initiatives. For instance, when the global clothing company, Gap Inc., discovered that its subcontractor in India was employing children under slave-like conditions, it not only swiftly remedied the situation but also contributed to the establishment of a multi-stakeholder think tank in India in July 2008 to promote public-private partnerships in efforts to combat trafficking. The company has teamed up with its local suppliers, a Government-supported non-governmental organization and a national buying house, to help more than 600 women learn hand embroidery skills to obtain work in the export market.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- 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
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 52
- Paragraph text
- Government agencies and non-governmental organizations may collaborate in other innovative ways, as seen in the development of a new reporting mechanism in the Philippines. Recognizing that Filipinos are some of the most prolific users of short message service (SMS) technology in the world, a plan entitled "SOS SMS for Overseas Filipino Workers in Distress was created in 2006. For Filipinos abroad, SOS SMS is an all-hours text-based ICT mechanism implemented in coordination with non-governmental organizations and Government agencies to enable trafficked persons to solicit help via any SMS-enabled telephone system. The programme allows for instantaneous and inexpensive reporting, and facilitates counselling, guidance and emergency assistance.
- 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 83
- Paragraph text
- The Special Rapporteur notes that there are other instances where, despite laws allowing for the seizure of assets, the proceeds of funds confiscated have reportedly failed to be distributed to victims. For example, in Bosnia and Herzegovina, which has a comprehensive anti-trafficking law, in a landmark case in 2009, a trafficking ringleader was sentenced to 12 years in prison, fined $14,286, and over $204,600 in assets were seized. There is, however, no evidence that these funds went to the victims. Similarly, in the Czech Republic, following the successful prosecution of eight gang members for trafficking, the assets of the accused, estimated at more than $1.5 million, were seized. Again, no evidence was found that the funds had been distributed to the victims.
- 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
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 54
- Paragraph text
- Victims of trafficking play a critical role in the criminal prosecution of traffickers and their accomplices. The Special Rapporteur is well aware that the complexity of the crime of trafficking and related evidentiary complications can make investigations and prosecutions difficult, if not impossible, without the cooperation and testimony of victims. It is, however, important to clarify that a human rights approach to trafficking does not preclude the active involvement of victims in the investigation and prosecution of their exploiters. Rather, such an approach confirms that States, through their national criminal justice agencies, should be working towards recognizing victims of trafficking as an essential resource who are provided with the protection and support they need to participate safely and effectively in criminal justice processes.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- 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
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 57
- Paragraph text
- Proactive investigations that seek to collect evidence to obviate or support victim testimony are another way for States to realize their due diligence obligation to prosecute trafficking without unduly burdening victims. The Special Rapporteur notes that alternative or corroborative evidence may be difficult to collect in trafficking cases because of limited resources and a lack of trained officials, particularly in States most affected by trafficking. The situation may also be compounded by the hidden nature of the crime and the lack of concrete records or indicators of criminal activity. It is important to acknowledge that substituting victim testimony with alternative evidence may not allow for full and effective prosecution. Nevertheless, the added value of such evidence merits attention, not least because the discovery of additional or corroborative evidence may alleviate some of the pressure put on victims during the prosecution process.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 58
- Paragraph text
- The development of alternative evidence-gathering techniques has received some attention from States, particularly in recent years. In 2009, a memorandum issued by the Government of India (see also paragraph 30 above) stated that, in order to increase conviction rates, States should build cases based on documentary, forensic and material evidence and lessen the degree of reliance on victim-witness testimony. In the United States, at both the State and federal levels, experts have commented on the value of bolstering a victim's testimony with alternative forms of evidence through such methods as surveillance exercises, subpoenas of phone records, interviews of numerous witnesses and victims, public record searches, information received from confidential informants and warrants to search cars, homes and e-mail. Similarly, reviewing potential sources of evidence, such as transportation receipts, phone records and social websites, has been reported as helpful in bolstering victim testimony.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 59
- Paragraph text
- Another good practice is where States have taken measures to provide victim-witnesses with important information about participation in the justice process and to address privacy and safety concerns during trials. In the United Kingdom of Great Britain and Northern Ireland, the Crown Prosecution Service has a policy of keeping victims informed about case developments, hearing dates, verdicts and sentences. In order to help agencies provide victim-witnesses with information in a language they understand, UNODC and the Global Initiative to Fight Human Trafficking (UN.GIFT) have developed a tool, "VITA", to identify the nationality and language of trafficked persons.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 59
- Paragraph text
- Following the First World Congress against Commercial Sexual Exploitation of Children in Stockholm in 1996, the efforts in preventing children from being sexually exploited in holiday resorts focused on measures to be taken by hotels and travel businesses, rather than simply on public information intended to discourage tourists for paying for sexual services with children. A Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism was adopted in 2001 to protect children from sex tourism for tourism businesses. At the end of 2012, the Code was reportedly being implemented by over 1,030 companies in 42 countries.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 61
- Paragraph text
- At the global level, the mechanisms to enforce the Protocol obligations under article 9 on the prevention of human trafficking, including discouraging "the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking", need to be further strengthened. While comparable treaties, such as the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination, have their implementation overseen by a committee - which acts as the most powerful enforcement body ensuring that the obligations within the conventions are met - there is no such committee established to govern compliance with the Protocol.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 63
- Paragraph text
- States are also responsible for implementing appropriate measures to guarantee internationally recognized labour rights in all categories of workplaces, particularly the "core labour rights", which include the two ILO conventions on forced labour, as well as ILO conventions to guarantee the right to freedom of association and against child labour and discrimination. Nevertheless, the Special Rapporteur and her predecessor have noted in the course of country visits that Government authorities make repeated exceptions, in law or in practice, creating spaces where employers can violate labour rights with impunity.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 67
- Paragraph text
- Even businesses which invest significant amounts in checking their supply chains suffer from the fact that there is no internationally recognized standard for the process of checking whether minimum labour standards and human rights standards are respected in the workplace. It is challenging for other businesses and individual consumers to assess whether the cheap cost of a product was due to good business management or due to abuse in the production process. It is the responsibility of the State (in addition to being the responsibility of employers, business owners and investors) to ensure that keeping production costs and wage bills to a minimum is not achieved by illegal or abusive means.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 73
- Paragraph text
- In its general comment No. 27 (1999) on freedom of movement, the Human Rights Committee emphasized the importance of the principle of proportionality, in the context of principles which were applicable when determining what restrictions it is legitimate for States to impose on freedom of movement. It reads: "Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 74
- Paragraph text
- The Special Rapporteur does not wish to contribute to a rise in protectionism in world trade, but is aware that, by allowing the importation of goods which are known to have been produced wholly or partially by trafficked persons, States are failing to use this opportunity to discourage demand. There are important distinctions to make between exploitation of persons (associated with trafficking in persons) and the exploitation of child labour, with ILO estimating that the latter involves well over two hundred million children. It might be relatively easy for organizations with protectionist motives to claim that particular products are tainted by exploitation, in the absence of credible evidence. The Special Rapporteur consequently reaffirms the importance of States, as well as businesses, promoting the collection and publication of evidence by independent monitors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 78
- Paragraph text
- An increased focus on consultation of the key groups affected by measures to reduce demand may reduce the possibility of unanticipated negative impacts of such strategies arising, or of the implementation of measures which are not wanted by those they will primarily impact upon. A range of human rights are violated in human trafficking cases, covering a broad area in the social sphere and linked to different kinds of activities. Responses, therefore, require a multidisciplinary approach. Consultation with those affected by measures to reduce demand can highlight the complexity of the issues, as well as suggesting further courses of action and research.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 20
- Paragraph text
- Since the inception of the mandate, both mandate holders have upheld the international legal definition of trafficking, affirming its central role in establishing the parameters of trafficking and enabling responses to be developed with consistency and clarity. That definition is now well entrenched in international, regional and national normative frameworks developed since the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The majority of States (reported in 2012 by UNODC to be 134 ) have criminalized trafficking in their national laws, generally conforming to the definition in the Protocol.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 21
- Paragraph text
- That definition affirmed that trafficking is much wider in scope than previously envisaged: that it can take place for a wide range of end purposes, including, but not limited to, sexual exploitation; that it can involve as victims men and boys, as well as women and girls; and that it can take place across borders or within a country, including the victim's own. The Special Rapporteur has embraced this understanding of trafficking, affirming in her first report the scope of the mandate to include trafficking in children for sexual purposes, child labour, adoption and participation in armed conflict; trafficking in men for forced labour, organized crime and other exploitation; trafficking in women and girls for forced marriage, sexual exploitation and forced labour; and trafficking in persons for the removal of organs (A/HRC/10/16, para. 16).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 58
- Paragraph text
- Public awareness. Awareness-raising campaigns can be an important method of prevention on two levels: first, by working with at-risk communities to warn them of the dangers of trafficking and second, by sensitizing the public in countries of destination to the plight of trafficked persons and informing them about their in role in prevention. However, the Special Rapporteur has noted that public awareness campaigns are sometimes crude in conception and execution, employing sensationalist scare tactics or designed simply to stop people from moving. There has also been very little critical examination of the effect of such campaigns, including the unintended negative effects that have been anecdotally noted by the Special Rapporteur in the course of her work, pointing to a need for all countries to monitor and regularly evaluate the impact of their prevention efforts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 59
- Paragraph text
- Addressing demand. Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. Both mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined that demand in detail in the context of a review of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, the Special Rapporteur recommended that States take steps to understand the nature of demand and develop measures to discourage it, based on accurate information and experience. Basic human rights, including the prohibition on discrimination, should further guide this process. The Special Rapporteur also noted the importance of ensuring that measures to address demand do not themselves negatively affect individual rights and freedoms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Due diligence and trafficking in persons 2015, para. 18
- Paragraph text
- The requirement that due diligence be exercised in good faith - meaning the taking of "positive steps and measures by States" - also means that a lack of resources or capacity cannot completely shield States from their due diligence obligations. Indeed, often, it is not more resources but rather their reallocation - including towards preventative policies - that is needed for States to act diligently as assessed under the particular circumstances. For many States' anti-trafficking policies, the "form in which due diligence has thus far been pursued is not without alternatives;" due diligence requires pursuing these alternatives to maximize efforts to ensure the human rights of trafficked persons in all aspects of anti-trafficking responses. While in practice some of these efforts to ensure the human rights of trafficked persons may be implemented by non-State actors (e.g., through civil society-run assistance programmes), States cannot delegate their due diligence obligations.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 19
- Paragraph text
- In practice, due diligence has been applied mainly as a reactive obligation, often leading States to focus on post-hoc anti-trafficking measures, such as investigation and prosecution of trafficking. Instead, properly constituted, the due diligence standard enables States to take a proactive and long-term approach that focuses, for example, more closely on the prevention arm of due diligence. It also requires States to take a holistic approach that evaluates how due diligence in each of the different areas of anti-trafficking - such as prevention, prosecution, and punishment - interact with each other. For example, providing adequate protection and assistance to victims of trafficking in persons after they have been identified is also often necessary to prevent instances of retrafficking. Due diligence should be taken into account before, during and after each anti-trafficking intervention by not only considering each individual measure on its own terms, but also how it intersects with other anti-trafficking efforts.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 20
- 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.
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 64
- Paragraph text
- Moreover, international law mandates States to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking and to provide access to remedy. As trafficking in persons is most often perpetrated by non-State actors, compliance with the due diligence principle is critical to ensure State accountability for the protection of the rights of victims and potential victims. However, the standard of due diligence as it relates to trafficking in persons has not been comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere. Therefore, the Special Rapporteur is of the view that additional guidance would be necessary to better equip States for the actions required to comply with their due diligence obligations.
- 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
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 65
- Paragraph text
- Trafficking in persons requires a concerted effort by all stakeholders if it is to be effectively addressed. In view of this, the Special Rapporteur will endeavour to continue partnering and cooperating with States, both those that are parties to the Palermo Protocol and those that are yet to ratify it. She is also committed to continue engaging with non-State actors on the role they can or should play in preventing and responding to trafficking. In particular, she will consider civil society organizations as strategic partners - not only service providers - to be included in the process of designing and implementing targeted anti-trafficking measures.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 68
- Paragraph text
- The Special Rapporteur will continue to build on the work of the mandate in that field and capitalize on the momentum created by new legislation and initiatives from businesses and civil society to free the supply chains from trafficking, forced labour and slavery. On the basis of her global mandate, international standing and expertise on issues relating to trafficking in persons, the Special Rapporteur intends to continue engaging with businesses in order to encourage the establishment and effective implementation of self-regulatory action (codes of conduct and other similar mechanisms) by the private sector, with the aim of increasing awareness of the risks that trafficking entails, and encouraging them to take action to eradicate trafficking from their supply chains. That would entail the mandate holder bringing together businesses in a number of selected sectors to exchange experiences and practices among themselves, review their assessment protocols through the lens of trafficking prevention, pilot the use of the benchmarks and indicators and encourage multi-stakeholder initiatives, where they exist, to operationalize the responsibility of businesses to respect human rights.
- 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
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 25
- Paragraph text
- Instead, a meaningful due diligence approach broadens the scope of identification to address a wider class of potential or presumed victims, as part of a comprehensive approach to prevention rather than a solely reactive or post-hoc due diligence measure. A wider and more pre-emptive approach necessarily involves a broader range of actors beyond law enforcement or border officials in identification. Good practices in this regard include involving actors such as labour and health and safety officials in identification of trafficking victims. Another good practice is for States to assign labour attachés to the staff of diplomatic missions, particularly in those countries that receive the largest number of a State's migrant workers. In order to facilitate victims' trust and identification - and subsequent protection and assistance - firewalls between certain areas (e.g., between enforcement of immigration laws and enforcement of labour laws) will often be necessary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 43
- Paragraph text
- A 2010 study, using Haiti, Kosovo and Sierra Leone as case studies, demonstrates the link between the introduction of peacekeeping forces into a conflict zone and the subsequent increase in human trafficking as a direct result of an increase in demand for sexual services. The relationship between deployed troops and the demand for trafficked women was also unmistakable in the countries of the former Yugoslavia, where demands for sexual services created by peacekeepers led to an expansion of the sex industry, with many of the women trafficked and sexually exploited forced to work in brothels established expressly to serve United Nations peacekeepers. The past involvement of military, peacekeeping, humanitarian and other international personnel in trafficking and related exploitation during post-conflict periods has been documented in multiple countries, including Angola, Bosnia and Herzegovina, Cambodia, the Democratic Republic of the Congo, East Timor, Kosovo, Liberia, Mozambique, Sierra Leone and Somalia.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 29
- Paragraph text
- Children trafficked into forced military service perform a variety of combatant and supportive roles. Many children, typically boys, are forcibly recruited or kidnapped for use by armed militias in ongoing conflicts. Children are also used as suicide bombers and human shields. For instance in Iraq, ISIL and other extremist groups traffic boys and young men, including members of the Yazidi minority, into armed conflict, radicalize them to commit terrorist acts using deception, death threats or the offer of money and women as rewards. Others are compelled to work as porters, cooks, guards and messengers or are forced to commit crimes, such as looting and physical and sexual violence. Boys and girls in these situations are often sexually abused and may also be forced to take drugs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur intends to work in collaboration with other special procedures mechanisms which examine issues relating to trafficking, including but not limited to: the Special Rapporteur on the human rights of migrants; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Working Group on the issue of human rights and transnational corporations and other business enterprises. The Special Rapporteur will continue to strengthen the work of the trafficking mandate while delineating its intersections with related mandates. In this regard, she will try to identify possible joint initiatives that can complement each other's work, such as joint communications on allegations of human rights violations and the issuance of joint press statements.
- 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
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 81
- Paragraph text
- In the course of her work the Special Rapporteur intends to strengthen the mandate's engagement with relevant treaty bodies in order to create synergy to ensure States' accountability with regard to the issue of trafficking in persons. She will benefit from their expertise and their concluding observations, general comments/recommendations and case law on issues relating to trafficking, to which she also expects to contribute when relevant. She also believes that the universal periodic review contributes to strengthening efforts aimed at combating trafficking in persons as part of a holistic review of a country's human rights situation.
- 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
- Violence
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 53
- Paragraph text
- The private sector is another actor that could play a positive role in preventing trafficking in persons for labour exploitation and other labour abuses of persons fleeing conflict. In this regard, private sector initiatives have developed guidance to help companies that operate in areas with presence of refugees to understand and identify indicators of risk with regard to labour exploitation and to assist them in implementing due diligence measures to prevent and mitigate labour abuses within their supply chains. One such initiative is the recently published guidance on "Syrian refugees working in Turkey" issued by the Business Social Compliance Initiative and the Foreign Trade Association.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 55
- Paragraph text
- However, during conflict even the most basic and urgent victim protection measures may be difficult to secure. For example, effective protection to the victims of forced marriage and sexual enslavement at the hands of ISIS and Boko Haram is proving challenging. Post-conflict societies may also lack the capacity to undertake necessary risk assessments and provide required protections to victims and potential victims of trafficking due to inadequate or non-existent referral mechanisms. Moreover, trafficking in persons is currently not taken into consideration within existing humanitarian and peacekeeping operations in conflict and post-conflict situations. As a result, many victims and potential victims of trafficking, especially those fleeing conflict, remain undetected, primarily due to lack of trained officials likely to encounter and identify possible victims of trafficking in persons, such as law enforcement, peacekeepers and humanitarian personnel. Victims may also refrain from seeking protection due to the social stigmatization linked to certain forms of trafficking, including sexual exploitation, possible retaliation from traffickers, discrimination or mistrust of authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- The majority of States have enacted anti-trafficking laws. Of those States that have adopted such laws, 41 per cent have reported no trafficking convictions, or fewer than 10, per year, a figure that reveals the extent of impunity for perpetrators involved in the crime of trafficking in persons, whether government employees, members of the military or peacekeeping, humanitarian and other international personnel during conflict and post-conflict situations. Impunity is a contributing factor to trafficking in persons. The accountability of those who engage in trafficking in persons in situations of armed conflict mitigates the risks of trafficking. In cases where national criminal justice systems fail or lack the jurisdiction to appropriately respond to trafficking, the possibility of international, hybrid or regional courts prosecuting cases of trafficking, within the scope of their jurisdiction, with the possibility of including crimes of human trafficking within the legal statutes of such courts so as to ensure accountability and fight impunity, is a matter under discussion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 63
- Paragraph text
- Conflict influences the form and nature of trafficking in different ways. The severity of trafficking-related exploitation appears to be high when it occurs during conflict, and may be even greater in post-conflict situations, enhanced by conditions that are themselves a cause or consequence of conflict, such as impunity and an increase in generalized violence. Certain forms of trafficking-related exploitation, such as forced military recruitment of both children and adults, are either specific to conflict or more prevalent in situations of conflict. Sexual exploitation is another form of trafficking that intersects with the dynamics of situations of conflict, including the use of proceeds from the trafficking, trading and ransoming individuals to purchase arms and pay fighters, which perpetuates the cycle of violence against civilians.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 66
- Paragraph text
- In addition, the nature and forms of trafficking in persons associated with conflict are highly gendered. For example, abduction into military forces affects males and females differently. Men and boys are typically forced into soldiering while women and girls are generally forced into support roles, and they typically face much greater risk of sexual assault as either a primary purpose or an additional manifestation of their exploitation. As previously noted, sexual enslavement, a practice exacerbated by situations of conflict, is highly gendered in that it disproportionately affects women and girls. Other forms of trafficking-related exploitation particular to or especially prevalent in conflict, including forced and temporary marriage, are highly gendered in their motivation and impact, which underscores the importance of a gender analysis in all trafficking prevention efforts and responses.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 68
- Paragraph text
- In view of the legal responsibility of States to identify, protect and assist trafficked persons in all circumstances, including in conflict and post-conflict situations, and to work to ensure that those responsible for violations of human rights are held accountable, the Special Rapporteur offers the following recommendations. Given the timeliness and the importance of the thematic addressed in this report, and taking into account the central role of the General Assembly, other United Nations bodies and institutions, especially on conflict-related issues, the Special Rapporteur also wishes to reiterate the recommendations contained in her report to the thirty-second session of the Human Rights Council (A/HRC/32/41).
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 13
- Paragraph text
- States have an obligation under international human rights law to protect against human rights abuses perpetrated by third parties, including business enterprises, within their territory and/or jurisdiction. States’ obligations to prevent and combat trafficking in persons are clearly established in international human rights instruments. For example, the International Covenant on Civil and Political Rights prohibits slavery and forced or compulsory labour (art. 8) and the Convention on the Rights of the Child imposes on States parties an obligation to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (art. 35).
- 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
- Children
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 60
- Paragraph text
- Speaking to the criticism that voluntary initiatives have received on their lack of impact in terms of transforming current business models, representatives of multi-stakeholder initiatives shared promising examples of efforts carried out by some initiatives in sector transformation that illustrate the positive impact that voluntary standards can have in enhancing higher standards in national-level policies and legislation. As voluntary standards alone are not sufficient to achieve sector transformation into a new sustainable business model, innovative approaches seek to combine the efforts of the public sector and those of voluntary initiatives. Collaboration across stakeholder groups, from businesses to civil society and regulators, was acknowledged as a precondition for such transformation, as were partnerships with governments, international organizations and the broader United Nations system.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62a
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Reinforce voluntary standards on trafficking in persons and identify good practices in that area, by providing feedback and expert advice in standard revision processes and by co-developing capacity-building activities for the initiatives and their stakeholders;
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62b
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Enhance workers’ voices within the standard-setting process, and in monitoring mechanisms, through the identification of good practices in workers’ participation in monitoring schemes and the development of capacity-building programmes;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66m
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are not compelled to make use of stores or services operated in connection with an undertaking. Where access to other stores or services is not possible, employers ensure that goods and services are sold or provided at fair and reasonable prices, without the aim of indebting or otherwise coercing the workers concerned;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66o
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Withholding or confiscating passports, other identity documents or work permits is prohibited; in cases where such documents are withheld by employers or labour recruiters as per legal requirement, simple procedures are in place to allow the workers direct and immediate access to the documents at any time;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 51
- Paragraph text
- The two consultations revealed that multi-stakeholder initiatives, industry coalitions and the auditing community were greatly interested in collaborating with the Special Rapporteur, recognizing the instrumental role that the Special Rapporteur can play in creating a space for open and ongoing dialogue and exchanges on lessons learned and good practices. As no other platform having the same level of credibility and independence as that of the Special Rapporteur exists, representatives of multi-stakeholder initiatives and auditing companies welcomed and encouraged the continuation of the initiatives led by the mandate holder with a view to identifying good practices that can be replicated in other contexts and exploring innovative responses to common challenges.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 75
- Paragraph text
- The assurance programme must require that, during auditing exercises or alternative monitoring mechanisms to assess indicators of labour exploitation, sufficient time be allocated for auditors to interview workers, that any necessary interpretation services be provided, that any arrangements necessary to address gender concerns be made, that interviews be held outside the workplace if possible, and that sufficient time be allocated for document review, management interviews, interviews of other relevant stakeholders, such as local trade unions and communities, and report writing.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 76
- Paragraph text
- Multi-stakeholder initiatives should define indicators to assess the risk level of clients and determine the intensity and frequency of audits. Such indicators should take into account elements such as State ratification and enforcement of relevant international conventions on human rights and labour standards; the existence of regulatory regimes that regulate recruitment activities in accordance with international standards and guidelines; the level of informality within the economic sector in which the client operates; the percentage of vulnerable groups in the client’s workforce, including the number of migrant, temporary, seasonal, contractual or home-based workers; the level of complexity of the client’s labour supply chains; and client’s previous record on these issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 58
- Paragraph text
- OAS has developed "Guidelines for the Repatriation of Trafficking Victims" and a toolkit which includes a manual, a video and an interactive CD-Rom, for developing specific model training for diplomats and consular officers. On victim protection, in 2009 ECOWAS adopted a regional Policy for Protection and Assistance to Victims of Trafficking in Persons in West Africa. Similarly, regional guiding principles on victim protection and labour recruitment have been adopted by COMMIT in the Mekong region.
- 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
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 59
- Paragraph text
- Regional mechanisms are also an effective means for countries within a region to cooperate with international organizations. In addition to international legal instruments, international organizations develop numerous tools, guidelines, model laws and studies that can be extremely useful to regional organizations, once adapted to their local context. By using them in this manner, regional mechanisms provide a distinctive way for countries to benefit from these tools.
- 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
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 129
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop and promote the adoption by Governments of regional practitioners' guidelines on protection, including victim identification, repatriation, access to shelter and medical and psychosocial assistance, and rehabilitation, and provide assistance in their operationalization at the national level, through training and workshops at the regional and national levels.
- 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
- Health
- Movement
- Person(s) affected
- All
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 130
- Paragraph text
- [The role of regional organizations is also to promote an effective prosecutorial and judicial response, with a victim-centred approach. To that effect, regional organizations should:] Promote the establishment of national legal frameworks to criminalize trafficking, putting the protection of victims (and witnesses) and their access to effective legal remedies and compensation at the centre of the prosecutorial and judicial response.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 38
- Paragraph text
- The EU has also adopted a binding instrument to regulate its action to combat trafficking in persons, the 2002 Council Framework Decision on Combating Trafficking in Human Beings, followed by an action-oriented paper. These instruments explicitly refer to the adoption of a human rights-based approach, where the rights of the victims are placed at the centre and where special attention is given to certain groups, such as women, children, members of minorities and indigenous peoples. The EU went a step further and ratified the Palermo Protocol as a regional economic integration organization.
- 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
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 64
- Paragraph text
- Insufficient data and accompanying analysis on patterns of criminal activity continue to hinder efforts to investigate and prosecute trafficking cases. To address this problem, Peru has developed a database system for its national police force to record and manage trafficking cases, which can be used to generate statistical reports and qualitative intelligence information to enhance investigative capacity. In Colombia, an operational anti-trafficking in persons centre coordinates and tracks investigations, prosecutions and victim assistance programmes.
- 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
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97
- Paragraph text
- The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Year
- 2012
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 14
- Paragraph text
- Restitution is aimed at restoring the situation that existed prior to the violation. Measures of restitution in the context of trafficked persons may include, for example: the release of the trafficked person from detention (whether such detention is imposed by traffickers, the State or any other entity); return of property such as identity and travel documents and other personal belongings; recognition of legal identity and citizenship; safe and voluntary repatriation to the country of origin; and assistance and support necessary to facilitate social integration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 79
- Paragraph text
- Articles 12 to 14 of the United Nations Convention against Transnational Organized Crime requires States parties to have sufficient powers to facilitate the seizure of assets, and sets out the requirements and procedures for it. Article 23, paragraph 3 of the Council of Europe Convention on Action against Trafficking in Human Beings states that each party to the Convention should adopt "such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences".
- 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
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 97
- Paragraph text
- Many of the tools and resources available to support stronger responses to trafficking in persons, including training materials and identification protocols, were developed when the modalities of trafficking in persons for the removal of organs were poorly understood and the extent not fully appreciated. International organizations, including the United Nations, should review these materials with a view to ensuring their application to the specific problem of trafficking in persons for the removal of organs.
- 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
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 69
- Paragraph text
- In particular, as highlighted by both the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography, States have a responsibility to listen to and take into account the views of children who may be affected by policy measures that are planned, in particular paying attention to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 75
- Paragraph text
- Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 76
- Paragraph text
- Commitment to consulting those who will be or would have been affected by potential measures is essential to a human rights-based approach to human trafficking. States should aim to set a high standard for consultation, which may counteract a discourse in which trafficked persons are seen only as victims with little agency, and thus excluded from negotiations. It may also act as a further precedent for such groups to be involved as active subjects in any proposals which would affect their futures.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 35
- Paragraph text
- As noted above, international understanding of the nature and scope of trafficking has expanded significantly in the past several decades. It is now widely accepted that women, men and children are trafficked and that the forms of trafficking are as varied as the potential for profit or other personal gain. This development is highly significant from the perspective of international law because it brings within the relevant legal framework a wide range of exploitative conduct, much of which has been poorly or selectively regulated at both national and international levels.
- 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
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 41
- Paragraph text
- In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (see A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Year
- 2016
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 82
- Paragraph text
- In addition, a disproportionate focus on tighter migration controls also risks exacerbating the situation further along the trafficking cycle. Studies have noted that traffickers often exploit victims' fear of possible deportation, their illegal residence or labour status to prevent victims from escaping. Such observations provide further support for avoiding measures which focus disproportionately on human trafficking as a migration issue.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 83
- Paragraph text
- Under the terms of article 9 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States parties are required to "adopt or strengthen legislative or other measures … to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking".
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 24
- Paragraph text
- Action on communications and urgent appeals is another method whereby the Special Rapporteur responds effectively to reliable allegations of human rights violations, with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedures, the Special Rapporteur communicates the case to the Government concerned, requesting clarification and action, either through an allegation letter or through an urgent appeal where the alleged violation is time-sensitive and/or of a very grave nature.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 33
- Paragraph text
- The Association of Southeast Asian Nations (ASEAN) Inter-Parliamentary Organization's resolution on the role of Parliament in combating trafficking in women and children in the ASEAN region, adopted in 2004, appeals to the Governments of ASEAN countries to "strengthen existing legislation and enforcement mechanisms to punish particularly those who create demand for illicit sex or who use force or fraud to traffic women or minors into the international sex trade, while protecting the rights of the trafficking victims".
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 34
- Paragraph text
- The Economic Community of West African States (ECOWAS) Initial Plan of Action against Trafficking in Persons (2002-2003) provided that member States, in partnership with NGOs, other civil society groups, and public and private media, shall develop and disseminate public awareness materials focusing on raising public understanding that trafficking in persons is a crime, and discouraging the demand that leads to trafficking, particularly by addressing those who might exploit victims of trafficking, for example as child domestics or farm labourers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Prevention of trafficking in persons 2010, para. 35
- Paragraph text
- A long-awaited review of a 1998 Swedish law prohibiting the purchase of sexual services was recently published by the Ministry of Justice of Sweden. Although the report is clear in concluding that prohibiting the purchase of sexual services has helped to combat prostitution, the review is less persuasive on the impact on trafficking and states that while it is difficult to assess precisely the extent of sex trafficking in Sweden, there are data suggesting that the scale has been affected by the ban on purchases of sexual services.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 39
- Paragraph text
- The need to address the demand for exploitable labour and services translates into the need to create more opportunities for "safe" migration, that is, legal, gainful and non-exploitative migration. Strategies to address the demand and prevent trafficking should be guided by the recognition of the continuing demand for low- or semi-skilled labour and the promotion of opportunities for regular labour migration, as well as States' obligations to respect, protect and promote the labour rights of all workers, including migrants.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 36
- Paragraph text
- Both mandate holders have embraced this comprehensive understanding of trafficking, which includes trafficking in children for sexual purposes, child labour, adoption and participation in armed conflict; trafficking in men for forced labour and other exploitation; trafficking in women and girls for forced marriage, sexual exploitation and forced labour; and trafficking in persons for removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 64
- Paragraph text
- Throughout all aspects of its work, from country missions to thematic studies, the mandate has helped to confirm and promote awareness of those important rights. Respondents to the questionnaire sent to Member States and other actors by the Special Rapporteur confirmed that the work of the mandate in this area was one of its most significant achievements.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 77
- Paragraph text
- On this basis, the Special Rapporteur offers the following recommendations for the Human Rights Council and future mandate holders.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 44
- Paragraph text
- The main contributions of the mandate holders to key conceptual and legal gains include a broader focus on the parameters of the definition of trafficking in persons and on the obligations and responsibilities of States, and greater clarity regarding the rights of victims of trafficking.
- 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
Due diligence and trafficking in persons 2015, para. 11
- Paragraph text
- Under international human rights law, States have an obligation to protect against human rights abuse by private actors. This is understood as a positive obligation requiring States to take a range of measures to ensure that third parties do not interfere with human rights guarantees. The content of the human rights due diligence principle has been affirmed and articulated by regional and international human rights bodies.
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 13
- Paragraph text
- Additionally, due diligence obligations have been identified in a number of areas that are of direct relevance - and in some cases directly apply - to trafficking, including violence against women, migrant workers, and sex-based discrimination. In addition to due diligence requirements in international human rights law, due diligence standards in areas such as "environmental protection, consumer protection and anti-corruption," are also relevant to addressing trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 71
- Paragraph text
- The national legal framework should clearly identify criminal responsibility, ensuring that it extends to intermediaries, brokers, medical and transplant staff and technicians who are involved in trafficking in persons for the removal of organs.
- 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
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 57
- Paragraph text
- Some States have preferred to encourage self-regulation among employment agencies. This was the approach in some European countries which later adopted tighter control and a system of licensing of agencies, for instance due to tragic incidents caused by trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 15
- Paragraph text
- The Special Rapporteur also takes this opportunity to acknowledge the great contribution bravely and generously made by victims of trafficking to the work of the mandate and expresses her hope that their voices continue to guide and shape the mandate into the future.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 22
- Paragraph text
- The Protocol proved to be both an impetus and a framework for subsequent legal and policy developments that, taken together, have helped to clearly establish the obligations of States in this area. The Special Rapporteur has regularly promoted the effective implementation of the Protocol and encouraged its ratification.
- 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
The issue of trafficking in persons for the removal of organs 2013, para. 76
- Paragraph text
- All States should review laws and policies around transplantation to ensure that there are no gaps or incentives that would encourage or facilitate trafficking in persons for the removal of organs. For example, it is well established that permitting live transplantation from unrelated donors carries particular risks of exploitation, as does providing incentives to "donors" that go beyond reimbursement of genuine costs.
- 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
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 40
- Paragraph text
- The Gulf Cooperation Council has also taken initiatives to curb trafficking in persons in the subregion, including through capacity-building workshops and the development of guiding principles to combat trafficking in persons in the region.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 65d
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include rights-based anti-trafficking response/action in existing cluster systems for humanitarian action;
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 8
- Paragraph text
- In her previous report to the Human Rights Council (A/HRC/29/38), the Special Rapporteur identified the linkage between human trafficking and conflict of interest to her mandate.
- 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
- 2016
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61j
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Dialogue with governments should be facilitated to incorporate good practices from voluntary standards into national legislation.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61a
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Corporate codes and policies must be strengthened to address risks of trafficking and forced labour in recruitment and labour supply chains, and must set out specific protections for migrant and other vulnerable workers;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 69
- Paragraph text
- Multi-stakeholder initiatives should develop and implement capacity-building activities to ensure that all stakeholders, including buyers, suppliers, labour recruiters, workers, civil society organizations and trade unions, especially at the local level, and their relevant partners understand the risks of trafficking in persons and labour exploitation in their activities and in those of their business partners, and should develop measures to be implemented to comply with the standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 73
- Paragraph text
- In establishing an assurance programme or certification system, multi-stakeholder initiatives should engage with workers and trade unions to ensure that their concerns and feedback are taken into consideration and that they are informed of the procedures through which they can provide input. Engagement should take place not only during the assessments, but also during pre-audit consultation, the assessment of assurance providers, the review of policies and procedures, and dispute resolution.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66a
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] All workers have the freedom to terminate employment at any time, without penalty, by means of reasonable notice, in accordance with national law or collective agreement;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66c
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] No fees or costs for recruitment are charged, directly or indirectly, in whole or in part, to the worker, including costs associated with the processing of official documents and work visas;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66i
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Wage payments are made at regular intervals directly to the worker and/or their bank account, and not delayed, deferred or withheld;
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 99
- Paragraph text
- States should protect workers against human rights abuses perpetrated in the recruitment process by employers, labour recruiters and other enterprises. This requires that States take appropriate steps, through effective policies, legislation, regulations and adjudication, to prevent and investigate such abuses, to punish those responsible and to provide redress, and that they exercise and mandate due diligence to ensure that human rights are respected.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 64
- Paragraph text
- Voluntary standards alone are not sufficient to transform business models. Innovative approaches in sector transformation call for enhanced collaboration with governments. States must guarantee normative frameworks that, on the basis of international standards, protect workers from labour exploitation and set out clear expectations for businesses in this regard.
- 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
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 31
- Paragraph text
- Strategies to promote transparency in supply chains at the legislative level are enhanced by efforts to go beyond auditing in supply chain due diligence, to integrate workers’ voices and empowerment through new policy, communications and grievance mechanisms, and to increase company focus on remedy and the strengthening of corrective action. These trends and others formed the basis of the consultations.
- 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
- All
- N.A.
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 42
- Paragraph text
- These practices illustrate that some measures directed at countering trafficking or promoting safe migration are misguided and result in violations of the human rights of prospective migrants. Strategies to promote safe migration should not be based on the restriction of migration channels that States may regard as potentially dangerous without concrete evidence. Rather, any prevention strategies should be underpinned by the recognition of freedom of movement and the creation of more opportunities for legal and non-exploitative labour migration. In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration. In this regard, bilateral or multilateral agreements providing for legal labour migration are strongly encouraged. Steps must be taken, however, to ensure that such agreements are consistent with international human rights laws and standards and that the implementation of the agreements is independently monitored so that they do not result in the "exporting" of migrants under abusive working conditions.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 27
- Paragraph text
- The need for this "system-building" approach may be illustrated by experiences in poverty-reduction programmes. While such programmes may be often implemented as a preventive measure, experience suggests that increasing economic empowerment alone does not necessarily reduce the incidence of trafficking. In this regard, the International Labour Organization (ILO) stresses the importance of "packaging" interventions so that measures such as microfinance and other income-generating activities are combined with measures to address other factors that create conditions in which people are vulnerable to trafficking. The ILO project to combat trafficking in children and women in the greater Mekong subregion is a good example of how various interventions were integrated into one package and successfully mitigated vulnerability to trafficking. In this project, ILO combined information-sharing, capacity-building, awareness-raising, communication campaigns and direct assistance through employment creation, vocational skills training, educational support and microcredit schemes, particularly targeting at-risk women and children and their families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Poverty
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 50
- Paragraph text
- One of the core values of human rights-based programming is the participation of rights holders in developing policies and programmes that affect their interests. The importance of the participation of rights holders is recognized in a number of international instruments, including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. In line with the Declaration on the Right to Development (resolution 41/128, annex), the participation of rights holders should be active, free and meaningful, so that it goes beyond mere consultation and empowers rights holders to reflect their views and expectations in the relevant policies and programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 71
- Paragraph text
- States should recognize that creating opportunities for regular labour migration that respond realistically to the economic and societal demand for such migration rather than artificially restricting legal migration channels is the key to preventing trafficking in persons. Among other measures, States should actively seek to adopt bilateral and multilateral agreements providing for legal labour migration, particularly for low- and semi-skilled labour. This should be designed, implemented and monitored with the active participation of migrant workers themselves to ensure their effectiveness in promoting safe migration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 51
- Paragraph text
- In preventing trafficking in persons, the participation of trafficked persons in designing and implementing prevention measures is critical. Policies, initiatives and programmes informed by the voices of trafficked persons will be more effective, as trafficked persons can provide crucial information about why they left their homes and what strategy or support was needed to prevent them from being trafficked. In the context of child trafficking, the participation of children is particularly important, as it empowers them to become the key actors in making decisions affecting their interests and mitigates the power imbalance of adults over children. Furthermore, the role of children is important in awareness-raising and peer-to-peer education, as children are often more willing to listen to their peers than to adults.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 52
- Paragraph text
- There are some promising practices of meaningful participation for the trafficked persons. For instance, an ILO awareness-raising programme in Brazil, which targeted young girls at high risk, was designed on the basis of real-life experiences of women who were trafficked and repatriated. There have been also examples of self-help groups formed by returnee trafficked persons that actively design, develop and implement income-generation projects. In the context of children affected by trafficking, the guidelines of the Association of Southeast Asian Nations for the protection of the rights of trafficked children in the region led to a consultation in the Philippines with trafficked children so that their views on which measures would be appropriate to include in the guidelines could be obtained.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 53
- Paragraph text
- Notwithstanding these promising practices, it has been observed that ensuring the effective participation of trafficked persons in policymaking processes is often difficult in reality, as officials and policymakers are still unfamiliar with the idea of reflecting trafficked persons' views in Government policies. The Mekong Children's Forum on Human Trafficking and the Mekong Youth Forum illustrate this point. Both involved a series of national forums in countries in the greater Mekong subregion, followed by subregional forums where representatives of each country came together and submitted recommendations to the policymakers of the Coordinated Mekong Ministerial Initiative against Trafficking. At senior officials' meetings in 2007 and 2008, the member Governments expressed and reiterated their commitment to listen to the voices of the children and young people and include their suggestions for addressing human trafficking. While both Forums increased the visibility of children in policymaking processes and sensitized Government officials to the importance of children's participation, it is still unclear how their recommendations are translated into national or subregional policies on combating trafficking.
- 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
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 75
- Paragraph text
- Another essential step in guaranteeing the protection of victims is the establishment of adequate referral mechanisms. OSCE has been very active in this regard, promoting the establishment of national referral mechanisms and victim assistance systems at the national level, in order to ensure that all victims have access to support services tailored to the individual victim's needs, from the point of identification up to that of reintegration in society. In this regard, OSCE has developed a practical handbook on "National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons".
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 76
- Paragraph text
- Also, in April 2009, ECOWAS Ministers adopted a Regional Policy for Protection and Assistance to Victims of Trafficking in Persons in West Africa, which aims at establishing a supportive environment in the subregion where victims of trafficking have equitable access to protection and assistance. SAARC recommended the establishment of regional uniform toll-free numbers for information on the issues relating to trafficking in women and for violence against children in member States. Within the framework of the Bali Process a number of workshops have been organized on the provision of support to victims of trafficking.
- 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
- Children
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 58
- Paragraph text
- Nevertheless, there are encouraging signs that public-private partnerships can contribute to the prevention of trafficking, especially through the provision of vocational training and employment opportunities to vulnerable groups. In India, the Ministry of Women and Child Development has been active in promoting the public-private partnership and established the first think tank on public-private partnership to address the issue of trafficking in 2008. This led to the establishment of the Apparel Export Promotion Council to provide training in apparel production to family members of trafficking survivors. The training programme was followed by employment in factories as a means of reducing their vulnerability to trafficking. In the hospitality industry, the International Confederation of Indian Industry and the International Institute of Hotel Management provided skills training in housekeeping and in goods and beverage retail management. Following the completion of the training, the Andhra Pradesh Tourism Development Corporation (a government agency) and Sinar Jernih provided employment opportunities to successful candidates of this joint training programme.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Education
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 64
- Paragraph text
- The recommendations of the Special Rapporteur are set out below.
- 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
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 72
- Paragraph text
- Awareness-raising for persons vulnerable to trafficking and action aimed at discouraging demand are among the prevention measures adopted by the CoE. In this context, it launched the anti-trafficking campaign "Human beings - not for sale" (2006-2008). Forty-one (41) countries participated in the 11 awareness-raising seminars, which aimed to highlight the type of preventive measures that can be taken. The CoE also published a comic strip "You're not for sale" in 17 languages, aimed at raising awareness of the dangers of trafficking among young people. Finally, in 2007 it prepared a study entitled "Trafficking in human beings: Internet recruitment" on the misuse of the Internet for the recruitment of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Youth
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 73
- Paragraph text
- Similarly, the AU.COMMIT Campaign aims at curbing both the supply and demand for human trafficking, in partnership with several United Nations agencies. The Campaign included the production of television advertisements, the distribution of 1,000 copies of the Ouagadougou Action Plan, of 1,000 T-shirts with the slogan "AU.COMMIT: Stop Trafficking" and of 1,000 copies of pamphlets, pins, posters, etc. In line with the three main strategies of the Ouagadougou Plan of Action, the AU.COMMIT Campaign will be implemented in three phases, focusing in 2009-2010 on prevention of, and response to, trafficking, in 2010-2011 on protection of victims and in 2011-2012 on prosecution of traffickers.
- 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
- Violence
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 22
- Paragraph text
- Women are recognized as the group particularly affected by such failure. In this regard, it is timely and important to recall the States' commitments towards the achievement of the Millennium Development Goals, particularly goal 1 (eradicate extreme poverty and hunger), goal 2 (achieve universal primary education), and goal 3 (promote gender equality and empower women). While the overall poverty rate has been reduced somewhat, some regions, such as sub-Saharan Africa, Western Asia and parts of Eastern Europe and Central Asia, still need to make progress to meet the 2015 targets on poverty eradication. Sex discrimination still persists, and poverty puts girls at a distinct disadvantage in terms of education. Furthermore, women are still largely relegated to temporary or informal employment with little or no social security or benefits. This failure to provide equal and just opportunities for women to education and work encourages the feminization of poverty. This, in turn, compels women to leave their homes in search of better opportunities, resulting in the feminization of migration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 30
- Paragraph text
- The ensuing subsections discuss different methods through which trafficked persons may seek compensation and associated challenges, while also highlighting some positive developments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- Further, returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. In this case, it would be difficult to justify that "restitution" in a traditional sense alone would be an appropriate, victim-centred remedy. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 97
- Paragraph text
- In some regions, cooperation efforts are mainly focused on investigating and prosecuting trafficking crimes. While this is welcome, efforts should be made to prioritize protection and assistance to victims. Efforts oriented at adopting new criminal laws and enhancing cross-border judicial cooperation to prosecute traffickers are necessary but not sufficient in themselves. Adopting a human rights-based approach to combating trafficking allows countries to tackle this phenomenon in a comprehensive and effective way, putting the rights of the victims at the centre of the process in accordance with international human rights law. A human rights-based approach also allows for effective prosecution of traffickers, putting the emphasis on the right to effective remedy for the victim. The right to access effective legal remedies and the right to compensation for victims of trafficking have received attention only from a few regional and subregional mechanisms.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 99
- Paragraph text
- COMMIT in the Mekong region has taken relevant steps to include men and boys in the COMMIT national plans, anti-trafficking laws and MOUs that previously focused solely on women and children, thereby reinforcing certain myths and stereotypes about the issue. It has encouraged member States who are also parties to the Palermo Protocol to adopt its definition, which covers trafficking of all persons, including men, and in all its forms, including trafficking for labour exploitation, which in some sectors, such as agriculture or fishing, predominantly affects men. Furthermore, it acknowledges the differential risks to exploitation in sex-division of labour and addresses gender-based vulnerabilities to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Men
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 101
- Paragraph text
- Civil society actors, particularly NGOs that have acquired specific expertise, have a role to play in the development, implementation and evaluation of anti-trafficking policies and programmes. In some cases, they are very well placed to provide services to victims or inputs into governmental policies. In this regard, the OHCHR Guidelines include various recommendations on the way NGOs and other civil society organizations should be involved in the efforts to fight trafficking, as key partners. Regional organizations have a role to play in promoting effective partnerships between Governments and civil society, and between themselves and civil society. Building such effective partnerships remains a challenge.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 32
- Paragraph text
- Trafficked persons may also pursue civil claims on the basis of loss caused by the crime of trafficking pursuant to relevant national law. Although there are recent cases which resulted in a substantive amount of compensation for trafficked persons, it is still extremely difficult for them to receive compensation through civil proceedings. Some of the difficulties associated with civil proceedings include the tendency to be time-consuming, expensive and complicated. Other obstacles include complications in calculating the basis of damages and the relative novelty of non-material damages such as pain and suffering in some States.
- 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
- Violence
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 34
- Paragraph text
- While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members. Further, trafficked women who are also victims of sexual and gender-based violence may also face additional obstacles in pursuing legal proceedings, as participation in such proceedings may expose them to re-victimization in the form of psychological harm, stigma and communal and family ostracism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- An additional obstacle for trafficked persons to receive compensation is that even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders and actually receive compensation. One of the main contributing factors is that identified traffickers often do not have adequate assets to satisfy an award of compensation. In some cases, traffickers may genuinely not have any assets, as they may be "lower level" offenders such as intermediaries or recruiters. In other cases, law enforcement authorities may lack the expertise, training and resources to conduct financial investigations to freeze and confiscate such assets. Traffickers may thus swiftly transfer their assets to another country or take other steps to conceal them before compensation orders are executed. Even where assets are successfully confiscated, such assets may be automatically transferred into State coffers or otherwise not used to compensate trafficked persons.
- 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
- Violence
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 38
- Paragraph text
- An increasing number of States have introduced compensation schemes specifically for trafficked persons, or have announced that they are contemplating the establishment of one. The Special Rapporteur recognizes, however, that where a general compensation scheme for victims of crime including trafficked persons exists, the creation of a separate compensation scheme dedicated only to trafficked persons may result in further diversion of resources and hierarchical categorization of rights holders. From this perspective, it may be considered a more concrete strategy to seek to enable trafficked persons to obtain compensation within the existing scheme and, where it is inadequate, to strengthen it to allow all victims of human rights violations to claim compensation.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 39
- Paragraph text
- In the light of the limitations associated with legal proceedings, it is noteworthy that a number of cases in which trafficked persons have successfully obtained compensation resulted from out-of-court settlements negotiated by various governmental and non-governmental bodies. In some States, trade unions have played a crucial role in settling claims for unpaid or underpaid wages, or work-related injuries following negotiations with employers. These non-judicial methods may play an instrumental role in seeking compensation particularly for certain groups of trafficked persons, such as trafficked women and girls, who may face a variety of procedural challenges in judicial proceedings, such as psychological harms, stigma and fears of reprisals.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators. These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations. Guarantees of non-repetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of human trafficking in supply chains 2012, para. 9
- Paragraph text
- Businesses may be linked to human trafficking in various ways. They may be directly implicated in the crime of trafficking when they recruit, transport, harbour or receive persons for the purpose of exploitation during the course of their business. This may occur with or without the knowledge of the management or if the company has recruited the persons itself or through a third party, such as a private recruitment agency. For example, the construction industry has been linked to trafficking in this manner, exploiting internal or international migrants supplied through informal and clandestine recruitment systems.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 58
- Paragraph text
- Another general principle of the Convention on the Rights of the Child that is specifically relevant in this context is that States are required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. In order to enable the child to enjoy such participation, it is crucial to guarantee that the child has effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. A study of children's experiences of reparations programmes reveals that in many cases, children "lack access to adequate information presented in a child-friendly format, often because they are not explicitly considered…". While the study did not particularly focus on trafficked children, it clearly points to the lacuna in the provision of relevant information to children who are entitled to seek reparations for the harms suffered.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 59
- Paragraph text
- The need to ensure active participation of children also implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary. In a number of States, children are entitled by law to access to legal assistance. It is not clear, however, to what extent this right has been implemented in practice, as many States do not keep track of the number of trafficked children receiving legal assistance. It has also been reported by practitioners that trafficked children have limited access to lawyers who are specifically trained in children's rights and the issues of child trafficking, which is compounded by the lack of legal and interpretative assistance provided to trafficked persons in general.
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- 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
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 50
- Paragraph text
- Even in the absence of formalized cooperation agreements, increased cooperation can yield important results. For example, although no formal cooperation mechanisms exist between non-governmental organizations and criminal justice agencies in Belarus, in recent years there has been an increase in practical cooperation between them in providing assistance to trafficking victims. As a result, non-governmental anti-trafficking organizations have reported that communication with officials has improved and, in some instances, the relevant agencies have permitted specialists from the organizations to attend police interviews and closed court hearings upon victims' requests. More recently it was reported that non-governmental organizations had assisted in the training of Government officials in victim identification.
- 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
- Violence
- Year
- 2012
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 21
- Paragraph text
- The restricted scope of the present report is a reflection of the mandate of the Special Rapporteur. It also reflects an appreciation of human exploitation for the purposes of organ transplantation, primarily from living sources, as a discrete problem that requires specific solutions. It is important, however, to acknowledge that this issue cannot be fully separated from broader questions around transplantation, including those relating to equitable allocation of organs and approaches to dealing with organ shortages. The exploitation of human beings for purposes of organ transplantation is also linked to other commodification practices, such as transnational commercial surrogacy, which hold special dangers for the rights and dignity of the world's poorest and most vulnerable, and to broader questions of justice and rights that arise in the context of medical tourism.
- 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
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 25
- Paragraph text
- Case studies examined by the Special Rapporteur involving victims from Eastern Europe, South America and Asia indicate that poor and often desperate individuals are lured into selling their organs on the promise of considerable payment that is almost never made in full. Many are also deceived about the nature of the procedure, the risks involved and the follow-up care required or to be provided. Debt bondage and extortion are used as forms of coercion. Passports are commonly withheld as a means of maintaining control over the movement of the victim before the operation. Efforts to back out of an agreement to sell an organ are met with violence and threats of violence. After the transplantation, organizers continue to threaten victims in order to ensure their silence. Victims are not offered adequate post-operative medical care and suffer physical and psychological harm and social exclusion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 88
- Paragraph text
- States must take proactive steps to build the capacity of front-line officials from all agencies that might encounter trafficking crimes or victims for quick and accurate identification of trafficking victims. Governments should establish national referral mechanisms for identifying and assisting victims, in close cooperation with all actors, especially victim service providers and non-governmental organizations. States, as part of efforts and cooperation at the subregional level, should consider the adoption of transnational referral mechanisms for trafficked persons. This would encourage law enforcement cooperation in investigation, arrest and prosecution.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 95
- Paragraph text
- The role of victim support agencies in identifying trafficking cases and victims, providing information on trends in human trafficking and delivering services and support should be recognized and facilitated by States. Efforts should be made to build confidence and to encourage greater coordinated collaboration. The conclusion of bilateral agreements and memorandums of understanding on key areas of delivery will aid communication and build trust. In partnering victim support agencies or other civil society organizations, States must not delegate the responsibility to provide for the well-being of victims and must remain vigilant to ensure respect for human rights.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 13
- Paragraph text
- The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- 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
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 52
- Paragraph text
- States have a duty to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise.
- 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
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 48
- Paragraph text
- The work of the mandate holders has confirmed that the problem of human trafficking continues to be endemic in all parts of the world. While awareness of trafficking and of relevant rights and obligations has improved significantly, it has not resulted in substantial improvements on the ground. Large numbers of women, men and children continue to be exploited; very few receive support, protection or redress; few of the perpetrators are apprehended; and in every country the number of prosecutions remains stubbornly low. It is thus pertinent to draw out the challenges that are likely to be of particular concern to the international community and to the holders of the mandate as it evolves in the future.
- 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
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 50
- Paragraph text
- Strengthening the accountability of non-State actors and the involvement of civil society in combating and preventing trafficking in persons, including lessening the tensions between civil society groups working on trafficking and Governments, is another challenge. Furthermore, while the Special Rapporteur recognizes the power of the media in raising community awareness of trafficking in all its forms and informing vulnerable groups about certain risks, she notes repeated examples of media sensationalism, manifested for example through a prurient and overly narrow focus on sexual exploitation. Failure to protect the privacy of victims adequately; the stigmatization of victims; and fostering confusion between trafficking and other phenomena, such as irregular migration and migrant smuggling, represent further difficulties.
- 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
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 10
- Paragraph text
- That definition affirmed that trafficking is much wider in scope than previously envisaged; that it can take place for a wide range of end purposes, including, but not limited to, sexual exploitation; that it can involve men and boys, as well as women and girls, as victims; and that it can take place across borders or within a country, including the victim's own. The scope of the mandate of the Special Rapporteur also includes trafficking in children for sexual purposes, child labour, adoption and participation in armed conflict; trafficking in men for forced labour, organized crime and other exploitation; trafficking in women and girls for forced marriage, sexual exploitation and forced labour; and trafficking in persons for the removal of organs (A/HRC/10/16, para. 16 and Corr. 1). A number of partners of the mandate have highlighted the substantive contribution that has been made to expanding the discourse in relation to the identification and exploration of different forms and manifestations of exploitation related to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 11
- Paragraph text
- The mandate of the Special Rapporteur was established by the Commission on Human Rights in 2004 (resolution 2004/10) to focus on the human rights aspects of the victims of trafficking in persons, especially women and children. Since then the mandate has been renewed three times by the Human Rights Council, in 2008 (resolution 8/12), 2011 (resolution 17/1) and at the twenty-sixth session of the Council in June 2014. In those resolutions, the Council required the Special Rapporteur to (a) seek and receive information from States, human rights bodies and other relevant sources and respond effectively to such information; (b) submit reports, together with recommendations on practical solutions with regard to the implementation of the relevant rights; (c) examine the human rights impact of anti-trafficking measures with a view to proposing adequate responses; and (d) work closely with other mechanisms of the Human Rights Council, the United Nations, regional organizations and victims and their representatives. The establishment of the position of Special Rapporteur, with an explicit mandate to address the human rights aspects of trafficking, affirmed on behalf of the international community two key principles: first, that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking; and second, that anti-trafficking measures should not adversely affect the human rights and dignity of all persons concerned. From 2004 to 2007, the mandate was held by Sigma Huda, from 2008 to 31 July 2014 by Joy Ezeilo and the third Special Rapporteur, Maria Grazia Giammarinaro, appointed by the Human Rights Council in June 2014, assumed her functions on 1 August.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 52
- Paragraph text
- The Special Rapporteur generally welcomes the unilateral compliance mechanism established by the Office to Monitor and Combat Trafficking in Persons of the Department of State of the United States of America, which undertakes an annual assessment of the trafficking situation in States worldwide and the quality of national responses. However, she cautions that the criteria used to assess national performance should be explicitly based on international standards. That is not just essential to the credibility of the mechanism, it is also an important way to strengthen the international legal framework and affirm its key standards.
- 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
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 53
- Paragraph text
- Partners have emphasized that the mandate holders could make a further contribution to the understanding of trafficking in persons by continuing to provide greater clarity on emerging and new forms of trafficking. Some themes proposed in this regard include trafficking for the purpose of forced labour (outside the sex sector), begging, criminality and forced marriage. The issue of trafficking of men and boys and the link between trafficking and corruption were also proposed. Further research on trafficking in persons for the purpose of organ removal and on prosecutions and punishments was deemed useful to determine the types of penalty imposed on traffickers and to what extent they acted as a deterrent. A focus on strengthening the accountability of non-State actors and the engagement of civil society in the efforts to combat trafficking in persons was also suggested.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Boys
- Men
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 56
- Paragraph text
- The Human Rights Council is to be congratulated for its wisdom and foresight in establishing a mechanism that has ensured human rights retain their rightful place at the centre of the international response to trafficking. That role has been particularly important in light of the fact that the key international treaty on trafficking was established outside the human rights system. States and partners, including United Nations bodies, intergovernmental organizations, national human rights institutions and civil society, surveyed as part of the preparation for this report, have affirmed the positive impact of the mandate holders on their work and on the work of combating trafficking in general. They have drawn particular attention to the contribution of the Special Rapporteur to standard-setting; to mainstreaming human rights into the anti-trafficking discourse; and to drawing attention to emerging and less well-known forms of trafficking.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 57
- Paragraph text
- On this basis, the Special Rapporteur offers the following recommendations.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 40
- Paragraph text
- The mandate holders have been mindful that prevention of future trafficking must be based on a thorough and nuanced understanding of the root causes of this phenomenon, including the factors that make some people more vulnerable than others to exploitation related to trafficking. Such an understanding also helps to guide more effective responses, for example by helping to identify persons and groups at risk of trafficking and by shaping public and official understanding about how trafficking happens and why. Furthermore, attention to underlying causes helps to counteract the prevailing narrative in reporting on these issues, dominated by sensationalist stories about victims of trafficking, which routinely overlook the underlying social and economic factors that led to the violation of their human rights (A/67/261, para. 42).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 41
- Paragraph text
- During the first decade of the mandate, the mandate holders have consistently sought to identify those factors that contribute to increasing the vulnerability to trafficking of an individual or a group. The work of the mandate has revealed consistency across all regions and all manifestations of trafficking with regard to the factors that include human rights violations associated with (a) poverty and inequality, (b) migration and (c) discrimination, including through gender-based violence. Critically, there is almost never a single root cause; as the Special Rapporteur has noted, "it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked" (A/65/288, para. 26). The Special Rapporteur has maintained throughout that States have a legal obligation to work to prevent trafficking by addressing vulnerability. That obligation is part of international treaty law and has been regularly affirmed by the Human Rights Council and the General Assembly, as well as by the human rights treaty bodies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 43
- Paragraph text
- In line with the rights-based and victim-centred approach taken throughout the mandate, both mandate holders have focused strongly on elaborating the legal dimensions of the right of victims to assistance, protection and support and in considering the extent to which these rights are respected and protected in practice. It is abundantly clear that States are indeed required to provide immediate assistance and support to victims of trafficking within their jurisdiction and to protect them from further harm. The provision of immediate assistance, protection and support should not be conditional on the capacity or willingness of the victim to cooperate with criminal justice agencies. In 2009, the Special Rapporteur devoted a thematic report to the issue of victim identification, protection and assistance, affirming the key responsibilities of States in this regard and identifying ways in which these obligations can be effectively met in practice (A/64/290).
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 44
- Paragraph text
- Victim identification is fundamental to the realization of victim rights. By not identifying victims swiftly and accurately States effectively and permanently deny victims the rights to which they are legally entitled (ibid., para. 91). Both mandate holders have drawn attention to the failure of criminal justice systems to identify trafficking victims, who instead are often arrested, detained, charged and prosecuted for entering a country and working irregularly, or engaging in prostitution. As noted by the Special Rapporteur, "victims are simply treated as criminals and are arrested and deported with no opportunity to be identified and provided with the necessary assistance as trafficked victims" (A/64/290, para. 91). Both mandate holders have advocated for more thorough and collaborative approaches to victim identification. The Special Rapporteur has repeatedly encouraged greater cooperation between victim support agencies and front line officers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 45
- Paragraph text
- Trafficked men. The Special Rapporteur has regularly raised concerns about the lack of appropriate assistance to men and boys who have been trafficked. Low identification rates are a widespread problem. Many States have been slow to recognize the issue of trafficking in men, a situation that is explained, at least in part, by the continuing strong focus on trafficking for sexual exploitation at the expense of trafficking for labour exploitation. For cultural and other reasons, male victims of trafficking are often reluctant to self-identify. Even where victim support assistance is available, it may be inaccessible or not properly adapted for them and declined for those reasons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Men
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 46
- Paragraph text
- No prosecution or punishment. The acceptance that victims of trafficking should not be punished - or indeed prosecuted - for offences that have been committed in the course of their trafficking, such as immigration and work offences has grown. The Special Rapporteur has regularly upheld the importance of this principle and endorses the now widespread position that States should not prosecute or punish victims "for unlawful acts committed by them as a direct consequence of their situation as trafficked persons or where they were compelled to commit such unlawful acts" (CTOC/COP/WG.4/2009/2, para. 12(b)). A number of States, international organizations and civil society groups responding to the questionnaire pointed to the work of the Special Rapporteur on this issue as a major achievement, helping to establish non-prosecution and non-punishment as an accepted standard.
- 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
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 66
- Paragraph text
- The work of the mandate has confirmed that the problem of human trafficking continues to be endemic in all parts of the world. While awareness of trafficking and of relevant rights and obligations has improved significantly, this has not resulted in substantial improvements on the ground. Large numbers of women, men and children continue to be exploited; very few receive support, protection or redress; few of those who are doing the exploiting are apprehended and in every country the number of prosecutions remains stubbornly low. Many of the obstacles to a more effective response have been addressed in the previous sections of the present report. Nevertheless, it is pertinent to draw out those challenges that are likely to be of particular concern to the international community and to the mandate as it evolves in the future.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 29
- Paragraph text
- Country visits and reports. Country visits help to ground the mandate holders' understanding of the problem of trafficking in national realities and forging relationships with those on the front line, while also providing involved States and their partners with an opportunity to access information, expertise and insight. Respondents to the questionnaire, including several States, noted that official missions had influenced shifts in policy and practice around trafficking, for example leading to changes in migration policies, amendments to the national trafficking law and improved cooperation with civil society organizations. Several international organizations noted that the official missions had provided valuable opportunities for stakeholders to convey their views and insights to the higher levels of Government and that the reports were an excellent source of useful, high-quality information.
- 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
- 2014
Paragraph
Due diligence and trafficking in persons 2015, para. 15
- Paragraph text
- The due diligence obligation to protect individuals from traffickers also often intersects and overlaps with other areas of State obligations (e.g., in relation to activities of public institutions). For example, State failures to respect and fulfil human rights in non-discrimination, labour, migration, and education create the conditions conducive to trafficking by third parties. By requiring a human rights-based approach, due diligence enables States to apply all their international obligations in ways that encourage less compartmentalization and more holistic approaches to trafficking to ensure the realization of human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 26
- Paragraph text
- Additional good practices in this regard that have been previously identified by the present mandate holder include the use of mobile units in Italy "that ensure the presence of social services among populations at risk of exploitation, especially sex workers" and in the Bahamas, the opening of "channels of communication" between the Inter-Ministry Committee (the coordinating body for policy matters on trafficking in persons) and the Trafficking in Persons Task Force (the operational body for addressing trafficking in persons) "with the diplomatic and consular corps in the Bahamas, which have been encouraged to report any suspicion of trafficking cases."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 27
- Paragraph text
- Victim identification under the rubric of prevention - as well as in the context of investigation, prosecution, protection and assistance - also requires greater training and understanding of the "continuum of exploitation" that exists between decent work and forced labour, such that workers experience different forms of exploitation that require different types of interventions when workers find themselves in any situation other than decent work. In addition, training should address the relationship between different forms of transborder movement. For example, trafficking and smuggling are often treated distinctly when in practice they are often very linked, such that what was once an act of smuggling can be turned into an act of trafficking if the circumstances become more exploitative and involuntary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 17
- Paragraph text
- In post-conflict situations, the association between military, peacekeeping, humanitarian and other international personnel and private contractors, organized crime and the growth of trafficking in women and children for sexual exploitation has raised global concerns. It has been reported that an international presence fuels the demand for work and services produced through trafficking and exploitation, in particular sexual services and forced labour. Various factors, such as a vulnerable population and fragile/non-existent institutions, including weak law enforcement, can combine to create a climate of impunity in which international personnel involved in criminal exploitation and trafficking are not investigated, apprehended or prosecuted. Moreover, unclear contractors' engagement regulations are likely to fuel abusive practices the dynamics of which have not yet been fully understood, such as deceptive recruitment practices in countries of origin, followed by exploitative employment by military contractors in conflict areas.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 24
- Paragraph text
- With regard to perpetrators, while the majority of traffickers are men, women constitute 28 per cent of convicted trafficking offenders. It is not uncommon for women victims of trafficking to be convicted for offences connected with, or arising out of, their trafficking situation, as a result of coercion by their perpetrators to undertake criminal activities. In those situations, they often come to the attention of the authorities primarily as offenders, whilst they should rather be identified as victims of trafficking. On the other hand, in some cases women start out as victims of trafficking and, as a means of escaping their own victimization, turn into perpetrators, undertaking the most visible and dangerous criminal tasks. In that regard, the mandate has noted the involvement of women traffickers in areas such as the recruitment and controlling of children for forced labour and domestic servitude, and of women and girls for sexual exploitation (A/HRC/23/48/Add.2 and A/HRC/26/37/Add.4).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 30
- Paragraph text
- Human rights due diligence also requires effective investigation and prosecution that aims to avoid impunity, is independent, prompt and "must also be capable of leading to the identification and punishment of individuals responsible." One example of effective due diligence practice in the investigation, prosecution and punishment of trafficking is enhanced cooperation between practitioners who are working to counter money laundering and trafficking in human beings, including by promoting the use of financial investigations linked with trafficking in persons-related offences. For example, in the United States, authorities, in cooperation with banks and technology vendors, have established transaction-monitoring systems to capture transaction patterns and behaviour typical of human trafficking.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 31
- Paragraph text
- In addition to the obligation to conduct a domestic investigation into events occurring on their own territories, due diligence also means that States have a "duty in cross-border trafficking cases to cooperate effectively with the relevant authorities of other States concerned in the investigation of events which occurred outside their territories." In order to comply with the exterritorial implementation of due diligence obligations, States should also, for example, incorporate extraterritorial jurisdiction into national legislation criminalizing trafficking and strengthen protections against trafficking in contracting or procurement practices for activities abroad. For example, Belize's Trafficking in Persons (Prohibition) Act 2013 gives extraterritorial jurisdiction if trafficking is committed by a Belizean national or a person who is resident in Belize. The present mandate holder has also previously emphasized the need to "extend the national legislative prohibition on trafficking in persons for the removal of organs and related offences extraterritorially, irrespective of the legal status of the relevant acts in the country in which they occur."
- 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
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 21
- Paragraph text
- To counter these and other effects, due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on "accurate empirical data" and targeted to those most at risk of trafficking in persons. For example, mass migration crises result in the concentration of a large number of displaced vulnerable populations in few places, making them a prime target for traffickers. Prevention policies should mitigate these risks, including through providing comprehensive and innovative regulated mobility avenues in order to prevent recourse of migrants to smugglers in the first place. Additionally, in crisis situations such as armed conflicts, natural disasters and protracted crises, it is vulnerable and mobile populations such as "irregular migrants, migrant workers, asylum seekers and displaced populations (refugees and internally displace) persons) caught up in a crisis, or in transit, people left behind and local communities" that are most at risk of trafficking in persons. Good State practices to address these risks before crisis can include, for example, ensuring livelihood activities to reduce the vulnerabilities to trafficking in persons and exploitation for at-risk populations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 22
- Paragraph text
- Good practices in prevention should also address all types of trafficking. For example, good practices to combat trafficking in persons for the purpose of domestic servitude in diplomatic households include that undertaken in Austria, where authorities request that foreigners who seek to work for a diplomatic household have a written contract that complies with Austrian labour law. Workers must also apply in person for a diplomatic legitimation card, giving Austrian authorities, "an opportunity to interview the applicants, examine their work contracts, and inform them of their rights and obligations while in Austria and of the contact details of NGOs which could be of assistance." Good practices to prevent labour trafficking include States regulating the supply of workers to sectors by controlling the licensing of employment agencies working in these fields. For example, in the United Kingdom, the Gangmasters Licensing Authority regulates the supply of workers in certain labour-intensive industries (e.g., agriculture, horticulture, forestry, fishing, food processing).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 23
- Paragraph text
- In understanding the due diligence obligation to prevent trafficking in persons, there are also useful interactions with human rights due diligence standards in other contexts. For example, the Inter-American Court of Human Rights in the Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion (2003) clarifies States' due diligence obligations concerning migrant workers, noting that migratory status can never be a justification for depriving individuals of the enjoyment and exercise of human rights, including those related to employment and that the duty of due diligence requires States to "not allow private employers to violate the rights of workers, or the contractual relationship to violate minimum international standards." There are also protections in other areas of international law that can complement these human rights obligations of due diligence. For example, article 2 of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) obligates State parties to prevent forced labour, including through "supporting due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour."
- 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
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 24
- Paragraph text
- The present mandate holder has previously emphasized that States have a due diligence obligation to identify trafficked persons, which is foundational for ensuring many other aspects of a State's due diligence obligations with regard to trafficking in persons, such as investigation and prosecution of traffickers, and assistance and protection for trafficked persons. In practice, however, victim identification continues to be a huge hurdle in ensuring the rights of trafficked persons. The identification of victims is very often post hoc and too closely tied to the need to identify victims for criminal or immigration processes, rather than being pre-emptive in circumventing situations of exploitation that may increase susceptibility to trafficking.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 51
- Paragraph text
- Finally, the Special Rapporteur will be guided by the best interests of the child in all actions concerning trafficked girls and boys, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies. She expects to look into existing identification, protection and assistance gaps in relation to children who have been trafficked for various purposes, with the aim of providing insights on issues such as the procedures for determining the best interests of the children, access to justice, provision of unconditional assistance and effective remedies including compensation for such children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 52
- Paragraph text
- In continuation of the broad interpretation of trafficking in persons adopted by the mandate, the Special Rapporteur will embrace and further develop a comprehensive understanding of trafficking for any illicit purpose. This includes - but is not limited to - trafficking in adults and children for sexual purposes, for labour exploitation, for exploitative adoption and for participation in armed conflicts; trafficking in women, men and children for forced labour and other forms of exploitation, such as exploitation in criminal or illicit activities, or forced and organized begging; trafficking in women and girls for forced and servile marriages, sexual exploitation and forced labour, including domestic servitude; and trafficking in persons for the removal of organs (A/HRC/26/37, para. 36).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 55
- Paragraph text
- In addition, she wishes to explore further the link between mixed migration flows and trafficking, in order to recommend effective measures, aimed at preventing exploitation or further exploitation of socially vulnerable people fleeing death, torture or other forms of violence such as domestic violence, or unemployment, destitution and extreme poverty. That includes exploring ways to increase opportunities for regular migration and family reunification, and for non-exploitative employment, with the aim of preventing trafficking by ensuring full respect of migrants' rights, in line with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 60
- Paragraph text
- Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person's immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs.
- 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
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69c
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69h
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Involve national and local social authorities and civil society organizations in procedures to detect trafficking cases and indications of the risk of trafficking, as well as in the organization of assistance, protection and support for victims and potential victims in cases where a high number of people are identified; such measures must not be made conditional on the initiation of criminal proceedings, the legal qualification of the crime or the cooperation of victims with law enforcement authorities;
- 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70c
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Establish or revise existing standard operating procedures and conduct training for personnel, including personnel of contractors and implementing agencies who are likely to enter into contact with victims and potential victims of trafficking; such procedures and training should include instructions concerning protective measures, including appropriate and tailored assistance, to be applied when indications of trafficking, exploitation or risk of trafficking are found, in collaboration with national and local authorities and civil society organizations;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 73f
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Ensure that issues concerned with sexual and other forms of gender-based violence, including human trafficking, are incorporated into peacebuilding and post-conflict reconstruction processes and support women's full and equal participation in decision-making, especially when this relates to trafficking issues in conflict situations, in line with the general guidelines and recommendations of the Global Study on the Implementation of United Nations Security Council Resolution 1325.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 28
- Paragraph text
- While forcible recruitment of children often involves abduction or coercion, recruiters also appeal to notions of martyrdom or social and economic factors or employ trickery or indoctrination to enlist children. There are instances where the Internet, particularly social media, has been used by extremist groups to exploit the vulnerability of young educated children from middle class families in Western countries to recruit them using deception. Moreover, children are especially vulnerable to being trafficked into military service if they are separated from their families, are displaced from their homes, live in combat areas or have limited access to education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Youth
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 50
- Paragraph text
- Prohibition on trafficking and migration-related exploitation. International law requires States to criminalize and penalize a range of conduct related to trafficking. The obligation to criminalize trafficking when committed intentionally is set out in article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Most States (168, as at October 2015) are party to the Protocol and thereby bound by this obligation. Many States are also bound by one or more of the regional trafficking treaties, such as the Council of Europe Convention and the European Union Directive cited above, which impose identical obligations.
- 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
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 18
- Paragraph text
- Forced displacement can increase the risk of trafficking by weakening or destroying family support structures, community bonds and self-protection mechanisms that might otherwise serve as a buffer against human trafficking. Because internally displaced persons often lack documentation and have limited access to education, resources and self-reliance opportunities, they may be particularly vulnerable to traffickers who appear to offer life-saving access to employment and other opportunities. Internally displaced persons who fear for their lives and wish to seek protection abroad can also fall prey to traffickers who claim to offer a route to safety. Traffickers specifically target impoverished communities, including the internally displaced, in order to exploit their vulnerability. Poor and displaced families may entrust the care of their children to traffickers who promise to provide them with education or skills training, but ultimately exploit them for the purposes of prostitution, forced labour or irregular adoption. Internally displaced women and girls are often disproportionately affected by the loss of livelihoods during displacement (see A/HRC/23/44, para. 46).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 19
- Paragraph text
- Conflict-related violence, such as sexual violence, can itself be a driver of forced internal displacement, which in turn increases vulnerability to further exploitation, including through trafficking. For instance, sexual violence by armed groups has forced ethnic minority women and girls in remote rural areas away from their communities and placed them at greater risk of trafficking within the country as well as overseas. Additionally, worsening security situations and overcrowded camps with inadequate basic services cause some internally displaced persons to risk crossing borders in an irregular manner in search of employment, putting themselves at high risk of exploitation because of their lack of legal status. Military attacks on camps further worsens displacement and causes undocumented internally displaced persons, including women and unaccompanied children, to flee their camps, exposing them to the risk of being exploited or trafficked.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 20
- Paragraph text
- For the millions of people who are forced to flee their country because of armed conflict, the journey of escape has become increasingly expensive and hazardous, with a tangible risk of trafficking-related exploitation. Sometimes these dangers relate to the available paths of escape. Throughout their journey and at their destination, migrants, including refugees and asylum seekers, are highly vulnerable to physical violence, sexual assault, extortion and trafficking, as well as detention by national authorities. The journey of female migrants and unaccompanied children travelling through the Horn of Africa is particularly hazardous. Thousands have disappeared, presumably abducted for purposes of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 37
- Paragraph text
- Corporate codes of conduct and the voluntary standards set by multi-stakeholder initiatives and industry coalitions typically include a reference to trafficking in persons or forced labour. The trafficking in persons, or forced labour, standard is normally based on international human rights instruments and labour standards. However, the reference is often limited to a mere prohibition of the use of forced labour or trafficking in persons and is not further developed into specific indicators to help identify risk practices and define what forced labour or trafficking in persons may look like in practice.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 39
- Paragraph text
- Budget constraints imposed by client companies and limitations in audit protocols with respect to worker interviews, including the practical challenges of interviewing migrant workers from diverse cultural and linguistic backgrounds, are also key concerns. Given the low levels of awareness among clients about trafficking and forced labour risks and a lack of systems for assessing recruitment and migration practices, the level of detection of trafficking in persons and forced labour cases remains low. An underlying problem identified through the dialogue with the auditing industry is the absence of representatives of that industry at standard-setting negotiations within multi-stakeholder initiatives. As a result, such negotiations can produce auditing protocols that are not effective or practical.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 45
- Paragraph text
- At the same time, representatives from the auditing community raised concerns about their limited role in addressing audit findings and the implementation of their recommendations. Moreover, many of the issues that constitute the root causes of common labour abuses identified at the supply chain level, such as those related to unethical recruitment practices and compulsory overtime, are strongly connected to the behaviour and business decisions of client companies. Some representatives of the auditing community also noted the difficulties faced in bringing such concerns to the attention of client companies, given the race-to-the-bottom practice encouraged by some in the audit industry who agree to perform audits under unrealistic conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98e
- Paragraph text
- [States should:] Enhance legislation on transparency, which should require companies to disclose actual measures adopted to tackle trafficking in persons in their operations and supply chains. Such measures should address at the minimum certain areas of concern, such as recruitment practices, methodology used in monitoring compliance with the company policy, use of alternative sources of information to supplement audit information, the quality of the grievance mechanism, and coordination with relevant stakeholders, including trade unions and civil society representatives;
- 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
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 112
- Paragraph text
- States should ensure that bilateral and multilateral agreements on labour migration include mechanisms for oversight of recruitment of migrant workers, are concluded between countries of origin, transit and destination, as relevant, and are implemented effectively. States should also ensure that such agreements are consistent with internationally recognized human rights, including fundamental principles and rights at work, and other relevant international human rights instruments and labour standards. Agreements should also contain specific mechanisms to ensure international coordination and cooperation, including on consular protection, and to close regulatory and enforcement gaps related to recruitment across common labour migration corridors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 77
- Paragraph text
- Multi-stakeholder initiatives should ensure that an evaluation of labour recruiters, when such recruiters are used by the supplier to recruit workers or as employment agents, is included in the assurance process and that the above-mentioned criteria and indicators that are under the control of those intermediaries, as recruitment or employment agents, are applied. The results of the evaluation of the labour recruiters’ compliance should be made an integral part of the evaluation of the company’s compliance and have an effect on the determination of certification status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 78
- Paragraph text
- Multi-stakeholder initiatives should ensure that assurance providers and auditors have demonstrated knowledge and experience in assessing compliance with labour-related standards and in interviewing workers on an ongoing basis. When risk indicators are identified, the initiatives should consider requiring the collaboration of assurance providers and auditors with civil society organizations that are specialized in victim identification and that provide specialized services for trafficked persons. Multi-stakeholder initiatives should ensure that specialized services address gender concerns and that services are offered to both men and women. They should also consider including forced labour and human trafficking experts in oversight bodies.
- 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
- Men
- Women
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 25
- Paragraph text
- Furthermore, it is relevant to take into account the impact of the advancement of information and communications technology, which has contributed to the diversified modus operandi of traffickers. In particular, traffickers increasingly deploy new modes of communication on the Internet, including online advertisements and chat rooms, to lure persons for the purpose of exploitation. The Internet also expands the forms of exploitation for which persons are trafficked, as seen in the growth of child pornography on the Internet (see A/HRC/12/23) and the mail-order bride industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 61
- Paragraph text
- Second, in order to ensure that preventive measures achieve the desired effect while enhancing the human rights of trafficked persons, such measures should be systematically monitored and evaluated on a regular basis. Some international organizations such as the International Organization for Migration (IOM) and ILO have developed logical frameworks with specific performance indicators that measure progress towards goals in anti-trafficking programmes. However, there is a general lack of systematic monitoring and assessment of the impact and effectiveness of prevention measures, and many assessments commonly report only the project outputs, such as the number of people who have been exposed to awareness-raising activities or given livelihood opportunities. While such reporting may indicate progress towards project goals to some extent, it does not necessarily shed light on the qualitative impact in terms of reducing the incidence of trafficking in persons. Proper impact assessments require measuring the situation before and after the implementation of the preventive measures concerned and identifying how they affected the behavioural change in the communities concerned. In this process, it is also essential to take into account the views of the intended beneficiaries. ILO has developed a participatory monitoring system for its Project to Combat Trafficking in Children and Women in the Greater Mekong Subregion that involves relevant key stakeholders - government officials, project partners and families whose children are at risk of trafficking - in assessing the impact of its activities.
- 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
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 108
- Paragraph text
- Regional cooperation instruments and plans of action should promote the ratification of international human rights law instruments, including the Palermo Protocol. In particular, they should contain a commitment by all countries to adopt the Palermo Protocol definition of human trafficking, which covers trafficking of all persons, women, children and men, and in all its forms, including for sexual exploitation, labour exploitation, slavery or practices similar to slavery, organ transplantation and other exploitative reasons.
- 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
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 128
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop minimum standards at the regional level on support and services to be provided to victims of trafficking in order to enhance the level of protection, assistance and recovery. Special attention should be given to victim identification, repatriation, access to shelter, medical and psychosocial assistance, and rehabilitation, in line with the standards set out in international instruments and guidelines.
- 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
- Health
- Movement
- Person(s) affected
- All
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 36
- Paragraph text
- Jamaica, for example, through its National Task Force against Trafficking in Persons, and in collaboration with non-governmental organizations, has developed trafficking indicators, protocols and referral mechanisms for agencies involved in the identification, counselling and protective care of rescued or potential victims. Bulgaria has a comprehensive list of indicators for identifying victims of trafficking as part of its national referral mechanisms developed in cooperation with non-governmental organizations. Bulgaria also provides training on trafficking in human beings and victim identification to diplomats, consular and military attaches through the Diplomatic Institute at the Ministry of Foreign Affairs. The National Anti-Human Trafficking Task Force in Sri Lanka is currently developing and implementing standard operating procedures that would assist in the accurate and timely identification of victims of trafficking, and establish a referral mechanism to provide assistance and protection. Similarly, in April 2011, in the Republic of Moldova, the National Committee for Combating and Prevention of Trafficking in Persons approved the draft of an interdepartmental regulation on the identification of victims and potential victims of trafficking. The draft, which is awaiting final adoption and publication by the Ministry of Justice, will be an operational tool for organizations engaged in the national referral system and is aimed at streamlining and standardizing the identification process. 37.
- 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
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 40
- Paragraph text
- Some States have introduced reflection and recovery periods in order to provide immediate support and protection to victims not conditional on cooperation with criminal justice processes. During these periods, trafficking victims receive assistance, including shelter, health care and legal advice to enable them to make informed decisions about whether to participate in the criminal justice process. Such periods of reflection have the added advantage of giving investigators and prosecutors time to gather evidence.
- 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
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 67
- Paragraph text
- The OAS secretariat gave training in 2009 to Uruguayan and Argentine security forces to be deployed on United Nations peacekeeping missions. As a direct result, Uruguay's training centre has trained more than 7,000 peacekeepers in the prevention of trafficking and the identification and protection of victims. Also, as a result of the OAS secretariat's training conducted in Ecuador in 2009 for officers from various ministries, the ministries have agreed on a protocol for victim assistance, identifying the responsibilities of each institution.
- 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
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 63
- Paragraph text
- Another important issue is the extensive backlog of trafficking cases in the courts. The establishment of specialized courts could help to remedy this; for example, Argentina and Uruguay have created specialized courts to deal exclusively with trafficking cases. More recently, the Chief Judge of Edo State in Nigeria granted approval to develop two special courts to try human trafficking cases. The United States and Mexico have each made efforts to develop specialized units to prosecute cases of trafficking in persons.
- 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
- 2012
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 40
- Paragraph text
- Finally, OAS has adopted a system whereby it hosts regular gatherings of the highest level national government officials responsible for combating human trafficking, through a political process called the "Meetings of National Authorities on Trafficking in Persons", the most recent of which was held in March 2009 in Argentina. Further to these meetings, the "Conclusions and Recommendations of National Authorities on Trafficking in Persons" have been approved and shared with OAS member States.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 30
- Paragraph text
- During the interactive dialogue at the Human Rights Council, some States raised an important question as to what might be the next step and what legal status the Special Rapporteur envisaged for the draft basic principles. As mentioned during the interactive dialogue, the draft basic principles are still under development and constitute only an initial step in the efforts to effectively implement the right to an effective remedy for trafficked persons. Thus, she would welcome further input and suggestions by States and other stakeholders to further refine the draft basic principles and to consider what should be the next step. The Special Rapporteur stresses, however, that States' commitments and sense of ownership in this process of shaping the draft basic principles are crucial. While the draft basic principles are intended to guide not only States but also practitioners working with trafficked persons, the Special Rapporteur considers it critical that States, as duty-bearers, commit to fulfil their obligations to respect, protect and fulfil the right to an effective remedy and to utilize the draft basic principles in order to understand what these obligations entail in practice. Thus, the Special Rapporteur wishes to have opportunities to engage with States to discuss the content of the draft basic principles through intergovernmental consultations. In this process, the Special Rapporteur would welcome a strong leadership by members of the Human Rights Council and the General Assembly, and the Group of Friends United against Human Trafficking in galvanizing the political will of Member States.
- 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
- 2011
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 10
- Paragraph text
- In her first report to the Human Rights Council (A/HRC/10/16), the Special Rapporteur stressed the continued existence of huge demand and supply of trafficking, and the need for an in-depth study into the demand. The Special Rapporteur has noted that different United Nations experts have drawn different conclusions about what measures are appropriate to discourage demand, particularly in the case of demand for sexual services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 11
- Paragraph text
- Over the past decade, anti-trafficking practitioners have debated what actions are required to discourage demand and what measures have proved effective. Progress in answering these questions has been notably slow. One reason is that the term "demand" is still subject to different interpretations, with some States and organizations putting the emphasis on measures to discourage exploitation associated with services, particularly sexual services and the exploitation of the prostitution of others, considering it appropriate to discourage men and boys from paying for commercial sexual services in any circumstances, whether the women, girls or men and boys with whom they pay for sex have been trafficked or not. Another reason is that addressing the demand side requires giving priority to measures in the places where trafficked persons are exploited, rather than in the locations (and States) where adults and children are recruited to be trafficked and exploited elsewhere. This has been a challenge for States that have either made no estimate of the scale of trafficking and exploitation of persons occurring in their territory or which refuse to acknowledge the scale of such abuse (with the result that they have not given priority to measures to prevent human trafficking). It also calls for an analysis and understanding of the factors that allow demand to be met by the exploitation of trafficked persons, including economic, social and cultural factors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 11
- Paragraph text
- The issue of trafficking in persons arrived on the international agenda in the mid-1990s with the commencement of work on a new treaty on trafficking, with a particular focus on organized criminal aspects, which would address the gaps in the understanding of trafficking in persons. In December 2000, the General Assembly adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the first international agreement on trafficking in persons since the adoption by the General Assembly in 1949 of the narrowly focused Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. The adoption of the Protocol signalled a fundamental shift in the international approach to the exploitation of individuals for private profit. In the years that followed, other treaties on the subject were developed, along with a substantial body of soft law, including the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). International and regional bodies, along with civil society groups, became involved in researching the issue of trafficking and supporting anti-trafficking efforts, and States began to introduce new laws and policies aimed at criminalizing trafficking, protecting victims and preventing future trafficking. One State launched a unilateral monitoring mechanism that began reporting on, and evaluating the response of other States to, the issue of trafficking in persons.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 18
- Paragraph text
- In 2011, in resolution 17/1, the Human Rights Council extended the mandate of the Special Rapporteur for a further three years. In resolution 17/1, the Council reiterated the relevant standards, principle areas of focus and working methods set out in its previous resolution, adding a request that the mandate "examine the impact of anti-trafficking measures on the human rights of victims of trafficking in persons with a view to proposing adequate responses to challenges arising in this regard and to avoid re-victimization of victims of trafficking".
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 25
- Paragraph text
- The Special Rapporteur has also engaged directly and consistently with international, regional and subregional bodies working on trafficking issues, most particularly UNODC, OSCE, the United Nations Children's Fund (UNICEF), the International Organization for Migration, ILO, the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, as well as regional bodies, including the Association of Southeast Asian Nations and the African Commission on Human and Peoples' Rights.
- 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
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 26
- Paragraph text
- In the course of her work the Special Rapporteur has also actively solicited input from the private sector and from persons and institutions with particular expertise. In relation to specialist subjects, such as trafficking in persons for the removal of organs, the Special Rapporteur has sought external expertise from the medical and transplant communities, in an effort to ensure the accuracy of her reporting and the practical relevance of her recommendations, as well as to improve understanding among relevant stakeholders.
- 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
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 30
- Paragraph text
- During those visits, the focus was on the nature of the trafficking problem, the key human rights issues and the effectiveness of institutional, legal, judicial, administrative and other mechanisms to protect those rights. In her country visits, the Special Rapporteur has taken care to ensure that they are widely consultative, involving government officials (including practitioners); victim support agencies and, where appropriate, victims; members of the judiciary and parliamentarians; United Nations country offices; and international and non-governmental organizations in the country concerned, as well as local civil society organizations. A detailed report is subsequently issued. The reports have evolved to follow a format that tracks the major issues of concern to the mandate: forms and manifestations of trafficking; the legislative and institutional framework; identification of trafficked persons; protection of trafficked persons; prosecution of perpetrators; cooperation with civil society; and international and regional cooperation. In the decade since the mandate was created, 21 official country visits have been undertaken. The first mandate holder carried out five visits: to Bosnia-Herzegovina and Lebanon in 2005 and to Bahrain, Oman and Qatar in 2006. The current mandate holder has undertaken 16 visits: to Belarus, Poland and Japan in 2009; to Egypt, Argentina and Uruguay in 2010; to Thailand and Australia in 2011; to the United Arab Emirates, Gabon and the Philippines in 2012; to Morocco, Italy, Bahamas and Belize in 2013; and Seychelles in 2014.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 80
- Paragraph text
- Indeed, issues relating to migration and freedom of movement are perhaps the most problematic of human rights concerns surrounding anti-trafficking measures. Measures which restrict legal migration channels risk exacerbating both human trafficking and human smuggling, as well as the human rights violations which surround them. Trafficking is an outcome of global political and economic realities, particularly massive disparities of wealth and standard of living. This must be taken into consideration in the formulation of any response to the demand for human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70a
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Address trafficking in persons in conflict situations in a systematic manner, starting from the outset of the conflict, even if incidents of trafficking have not been previously detected, and identify trafficking cases or risks of trafficking at an early stage, including trafficking for the purpose of sexual exploitation and labour exploitation or other forms of exploitation in source, transit or host countries;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75e
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Implement the special measures for protection from sexual exploitation and sexual abuse by United Nations peacekeeping personnel proposed by the Secretary-General (see A/70/729) and the recommendations contained in the report of the independent review on sexual exploitation and abuse by international peacekeeping forces in the Central African Republic, "Taking action on sexual exploitation and abuse by peacekeepers".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 21
- Paragraph text
- Throughout their journey and at their destination, migrants, including refugees and asylum seekers forced to flee their country because of armed conflict, are highly vulnerable to physical violence, sexual assault, extortion and trafficking, as well as detention by national authorities. Incidence of trafficking and exploitation, primarily among Afghan, Syrian and Iraqi men and boys with low educational levels and travelling alone, is identified among irregular migrants arriving in Europe along the western Balkan routes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 36
- Paragraph text
- Migrant workers in conflict zones have a heightened risk of exposure to human trafficking. Recruitment agents and their intermediaries in countries of origin deceive workers about their country of final destination, the nature of the work and their working and living conditions and, unknowingly, such workers find themselves forced into employment in conflict-affected countries. For instance, a man from the Philippines was allegedly promised employment in Turkey, but was instead trafficked for labour exploitation to the Kurdistan region of Iraq.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 37
- Paragraph text
- Moreover, migrant workers can also be trafficked into conflict zones by private contractors employed by States and their military forces to support large-scale military operations. While not all situations of contracting and subcontracting involve trafficking for labour exploitation, there have been cases where large firms that hold the prime contract with States and their militaries hire migrant workers through smaller subcontractors or local employment agencies to perform certain tasks, including cleaning, construction, cooking and serving and haircutting.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 32
- Paragraph text
- In the efforts to enhance the implementation of the right to an effective remedy for trafficked persons, the Special Rapporteur refers States to her recommendations in the Human Rights Council report. In particular, the Special Rapporteur highlights the following recommendations:
- 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
- 2011
Paragraph
Prevention of trafficking in persons 2010, para. 14
- Paragraph text
- At the outset, it should be noted that examples and practices cited in the report are not exhaustive and are informed by the Special Rapporteur's previous country visits and her participation in various meetings and conferences. The Special Rapporteur expresses her appreciation for the valuable input provided by international organizations and non-governmental organizations.
- 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
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 49
- Paragraph text
- As provided in the Recommended Principles and Guidelines mentioned in paragraph 4 above, the human rights of trafficked persons must be at the centre of all efforts to prevent and combat trafficking in persons. To ensure that prevention strategies are implemented in a manner that respects the human rights of trafficked persons, it is crucial to ensure the active participation of trafficked persons in designing and implementing them.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 67
- Paragraph text
- Demand for exploitative labour and services, particularly demand by employers and third parties involved in trafficking, should be addressed as a root cause of trafficking. To that end, States should develop or strengthen immigration policies informed by the evidence-based recognition of the demand for migrant labour, including low- and semi-skilled labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 60
- Paragraph text
- Given that the complexity of the trafficking crime requires specialization and expertise, a number of States have established specialized agencies or institutions on trafficking. Many national police forces have specialized trafficking units. Some of these units operate on the national level; in other countries, such as Cambodia, the Lao People's Democratic Republic and Myanmar, have decentralized the specialist response to the provincial level.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 72
- Paragraph text
- A corollary of the fact that States have a responsibility to investigate, prosecute and adjudicate trafficking crimes with due diligence is the development of criminal justice agencies and institutions equipped to handle trafficking and other crimes. Integrated training that promotes a rights-based approach and provide technical skills is of critical value in the fight against trafficking.
- 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
- All
- Year
- 2012
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 23
- Paragraph text
- While substantial gaps in knowledge and understanding remain, it is now well established that there are no technical or practical obstacles to trafficking in persons for the removal of organs, that this practice does in fact occur and that it is not rare. The main points of disagreement relate to the extent of the problem, the economics of the trafficking and identification of the many parties that may be implicated.
- 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
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 73
- Paragraph text
- The national legal framework should provide for both civil and criminal liability of legal persons, such as pharmaceutical and insurance companies and medical establishments, for involvement in trafficking in persons for the removal of organs.
- 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
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 33
- Paragraph text
- In their performance of the mandate, the two mandate holders have affirmed a number of overarching principles and themes as central to all aspects of their work. Those principles and themes draw both inspiration and substance from international legal frameworks around trafficking and seek to reinforce the consensus that has developed around the scope of the problem and the direction of appropriate responses.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 81
- Paragraph text
- A proportionate response to the demand problem must take into account the potential of anti-trafficking measures that restrict freedom of movement to increase the risk of human smuggling. Higher prices will be commanded from smugglers and those who cannot pay may become more vulnerable to exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 28
- Paragraph text
- In line with the rights-based and victim-centred approach, the mandate holders have focused strongly on elaborating the legal dimensions of the rights of victims to assistance, protection and support, and in considering the extent to which those rights are respected and protected in practice. It is abundantly clear that States are indeed required to provide immediate assistance and support to victims of trafficking within their jurisdiction and to protect them from further harm.
- 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
- All
- Year
- 2014
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 17
- Paragraph text
- In the past few years, at the State level, the above-mentioned due diligence principle and the need to ensure businesses accountability have been at the core of national legislation developed to respond to consumer demands for more transparency in the activities of businesses and their impact on trafficking in persons and forced labour.
- 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
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 29
- Paragraph text
- The first of the two consultations targeted participants in multi-stakeholder initiatives and industry coalitions; the second was aimed at representatives from companies that perform social audits and other types of supply chain assessments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 41
- Paragraph text
- Voluntary standards and certification schemes are the object of criticism by some in the labour rights movement, particularly trade unions, which have claimed that such schemes and their use of audits as a verification method have failed to protect the rights of workers.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 49
- Paragraph text
- The above issues, along with the absence of good practices related to remedy for aggrieved workers, were raised throughout the consultation with multi-stakeholder initiatives and industry coalitions as areas for further engagement across supply chain initiatives.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 52
- Paragraph text
- Regarding lessons learned and challenges in detecting cases of forced labour and trafficking in persons, representatives of the auditing community were asked to consider the strengths and weaknesses of current audit strategies, including how auditors addressed recruitment and migration practices, how they gathered information from workers, and challenges and constraints related to client expectations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 58
- Paragraph text
- The second consultation also highlighted several data-sharing initiatives aimed at helping businesses to prioritize efforts, as well as the need to record data on labour recruiters. Partnerships and the role of advocacy in the social audit industry were also discussed, as was the need for an oversight mechanism, for example an accreditation system, to ensure quality and standards across the industry.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 65
- Paragraph text
- Against this backdrop, the Special Rapporteur wishes to make the recommendations listed below.
- 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
- 2017
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 79
- Paragraph text
- All States should ensure that their reporting systems on trafficking in persons include trafficking in persons for the removal of organs as a distinct category.
- 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
- N.A.
- Year
- 2013
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 36
- Paragraph text
- States should intensify training for the judiciary, prosecutors and lawyers on laws and issues pertaining to the rights of trafficking in persons and relevant legal procedures.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 87
- Paragraph text
- Criminal justice responses to trafficking in persons for the removal of organs are an essential aspect of a rights-based response, i.e. addressing the impunity of exploiters and seeking to secure justice for victims.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 92
- Paragraph text
- States should cooperate with the national medical and transplant community to ensure that practitioners are aware of their legal obligations and to promote the development of an ethical culture around transplantation.
- 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
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Prevention of trafficking in persons 2010, para. 13
- Paragraph text
- In the light of such concerns, the report analyses various aspects of prevention measures, such as addressing the root causes of trafficking in persons, reducing demand for exploitative labour and services, promoting safe migration and raising awareness of risks associated with trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 66
- Paragraph text
- Without prejudice to the human rights of trafficked persons, States should carefully examine the characteristics of individuals who are trafficked from a particular community in order to effectively address factors that increase people's vulnerability to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 69
- Paragraph text
- States should build skills and institutionalize capacities, in particular those of law enforcement officers, including labour inspectors, so that they intervene appropriately to prevent trafficking in persons rather than dealing with the aftermath.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 22
- Paragraph text
- In 2012, an executive order aimed at strengthening protections against trafficking in persons in federal contracts was signed in the United States. The new amendments to the Federal Acquisition Regulation include further due diligence measures in respect of contractors and address key risk indicators, such as the use of unethical recruitment practices, in particular by prohibiting contractors from charging recruitment fees to workers and from denying employees access to their personal documents.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 26
- Paragraph text
- Responding to a lack of State regulation and poor enforcement of international standards, as well as to consumer demand for greater levels of transparency and compliance with those standards, businesses have also tried to address these issues through a commitment to voluntary standards and assurance programmes, by establishing their own programmes or by engaging with a multi-stakeholder initiative. How trafficking in persons is addressed by such initiatives is the focus of the present report.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 28
- Paragraph text
- In 2016, the mandate holder conducted a mapping of multi-stakeholder and industry-based initiatives active in different industries, including fishing, aluminium, electronics, coffee and tea. The mapping was a first step towards engagement with these initiatives through bilateral dialogue and two consultations. The objective was to identify and understand challenges, lessons learned and good practices in detecting and addressing trafficking in persons and labour exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 35
- Paragraph text
- Companies have also addressed sustainability concerns through industry-led initiatives. These are industry associations or coalitions that bring together companies around a voluntary code of conduct or standard and a compliance programme on sustainability issues, including human rights and labour standards. While the modus operandi is similar to that of multi-stakeholder initiatives, there may be differences in the organization of the governance structures, with businesses, including suppliers, playing a stronger role.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 43
- Paragraph text
- During the consultation, private sector stakeholders expressed concern about the difficulty of designing a system that could efficiently support the efforts of companies moving at different speeds in achieving sustainability targets. It is difficult for multi-stakeholder organizations to address the capacity-building needs of those starting to implement measures to achieve baseline targets, while responding to others who are seeking a platform to launch new tools to move beyond baseline targets towards higher levels of corporate due diligence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 44
- Paragraph text
- Auditing, as a way to evaluate the compliance of companies with labour standards, has also been criticized for its lack of capacity to assess the performance of companies in the long term. An audit, even the most comprehensive, i.e., when it includes worker interviews and is supplemented with information from alternative sources, such as local actors, including representatives of civil society and local trade unions, is still a snapshot offering only a partial view of day-to-day working conditions.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 48
- Paragraph text
- With regard to sector transformation, industry, multi-stakeholder and certification initiatives hold internal discussions on how to move beyond the engagement of a single company or the “silo” of a single supply chain towards sector-wide or market transformation to ensure that sustainability standards, including respect for human rights, are the norm in business. However, the role of such initiatives in sector transformation and their impact on national legal frameworks to promote labour and human rights has been challenged.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66d
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Employers that engage private employment and/or recruitment agencies use only agencies that are licensed or certified by the competent public authority;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66e
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are provided with a written employment contract that is straightforward and understandable by the workers. Contracts for migrant workers are shared with the workers sufficiently in advance of their deployment;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 74d
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Require and ensure that private individuals or companies they have contracted or subcontracted protect the rights of workers, including migrant workers and refugees, and provide decent working and living conditions to workers, including safeguarding their right to return and their freedom of assembly and association;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 76b
- Paragraph text
- [The United Nations should:] Address labour exploitation by making all necessary efforts to ensure that, in conflict and post-conflict areas, including in the context of peacekeeping operations, all workers, including migrant workers, employed by State and non-State military actors, their contractors and subcontractors are employed under decent conditions of work, and establish a zero-tolerance policy towards violations of their fundamental rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77a
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The linkage between trafficking in persons and xenophobia, including the vulnerability of minority groups to trafficking;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77b
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The linkage between gender and trafficking in persons in conflicts, not only with regard to girls and women but also boys and men;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 71b
- Paragraph text
- [The United Nations should:] Address labour exploitation by making all necessary efforts to ensure that, in conflict and post-conflict areas and including in the context of peacekeeping operations, all workers, including migrant workers, employed by State and non-State military actors, their contractors and subcontractors are employed in decent conditions of work, and establish a zero-tolerance policy towards violations of those workers' fundamental rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- In order to enable trafficked persons to exercise their right to compensation in a meaningful manner, States should provide trafficked persons with the necessary means, assistance and status, namely, access to information, free legal assistance and other assistance necessary to ensure their full recovery, and regular residence status. In addition, States should guarantee the right to privacy, safety and witness protection for trafficked persons taking part in legal proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 69
- Paragraph text
- Increased efforts should be made to train key stakeholders, in particular prosecutors and judges, on laws and issues pertaining to trafficking in persons. Training, education and sensitization aimed at other actors, and society at large, could also make a crucial contribution to the effective implementation of the right to an effective remedy for trafficked persons, including through the promotion of a victims' rights culture and measures to counter stigma.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Year
- 2012
Paragraph
Due diligence and trafficking in persons 2015, para. 48
- Paragraph text
- Due diligence to prevent trafficking 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. Due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on accurate data and targeted to those most at risk of trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66q
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers, irrespective of their nationality and residence status, have the right to join trade unions and bargain collectively.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 79
- Paragraph text
- Multi-stakeholder initiatives should provide specific training to auditors and assurance providers on trafficking in persons to improve their skills in risk detection and evaluation of risk indicators; the training should also cover how to interview workers and should raise awareness of worker vulnerabilities, including those related to gender or migration status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 82
- Paragraph text
- Non-conformity with human trafficking and forced labour standards should entail suspension of certification or any other envisioned sanction of a similar nature and level of severity. A stepwise plan should be established together with the companies to ensure that issues of non-conformity are corrected and workers are not negatively affected by the sanction applied.
- 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
- 2017
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 78
- Paragraph text
- The mandate of the Special Rapporteur focuses on the rights and needs of victims of trafficking and the Special Rapporteur will continue to consult victims and involve them in the work of the mandate. The Special Rapporteur is convinced that the involvement of victims is critical to ensuring that the measures taken to address trafficking benefit those in need; that unintended harmful consequences are anticipated and avoided; and that opportunities for change and improvement are identified in a timely way.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 18
- Paragraph text
- At the subregional level, ECOWAS member States proclaimed their commitment to the eradication of trafficking in persons in 2001, with the adoption of the "Declaration on the fight against trafficking in persons". At the same time, the ECOWAS Initial Plan of Action against Trafficking in Persons for the period 2002-2003 was adopted. Since then, subsequent Plans of Action against Trafficking in Persons have been adopted every triennium, the latest in 2009.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61i
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Research on the impact of non-financial reporting legislation should be collected;
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 12
- Paragraph text
- The present report focuses on the prevention of trafficking in persons, which is an integral part of the comprehensive framework to combat and eradicate such trafficking. While the increased attention on the issue of trafficking in recent years has resulted in numerous initiatives and programmes aimed at preventing trafficking in persons, there are concerns that some of them result in the violation of human rights of trafficked persons, particularly when they are not designed on the basis of accurate data and evidence or when the impact and effectiveness are not closely monitored and evaluated.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 15
- Paragraph text
- Through the adoption of the Universal Declaration of Human Rights, Member States pledged to promote universal respect for and observance of human rights and fundamental freedoms. In combating trafficking in persons, this is a fundamental starting point that which warrants more attention than it currently receives, as violations of human rights are both a cause and a consequence of trafficking in persons (E/2002/68/Add.1, guideline 1). Thus, universal respect for human rights must be ensured not only as a goal in itself, but also as a means of preventing trafficking in persons while placing the human rights of trafficked persons at the centre of all prevention efforts.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 44
- Paragraph text
- Raising the awareness of potential victims about the risks associated with trafficking is an essential part of prevention strategies. A study conducted by UNICEF showed that the vast majority of trafficked children had very little information about the risks of abuse and exploitation. This demonstrates the importance of providing potential victims of trafficking with appropriate and adequate information about the risks of human trafficking. In fact, awareness-raising campaigns targeted at potential victims of trafficking appear to be the most common prevention measures in many countries of origin, owing, perhaps, to the lower complexity of designing and implementing such campaigns. While this has resulted in a plethora of large-scale public campaigns in many countries, reports suggest that the campaigns do not always reach groups that are at higher risk, that many of them use detrimental images of women and girls and convey distorted messages about the risks involved in trafficking and that their impact is barely monitored and evaluated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 15
- Paragraph text
- Numerous cooperation mechanisms already exist at the international level, with international organizations such as the United Nations Office on Drugs and Crime (UNODC), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the Office of the High Commissioner for Human Rights (OHCHR) and the International Organization for Migration (IOM), carrying out research, awareness-raising activities and training, developing legal instruments and guidelines and funding field projects. However, efforts at that level are not sufficient. They need to be complemented and adapted to a regional perspective, which provides a better setting for closer cooperation, facilitated by a stronger feeling of ownership and greater adaptability to local approaches and realities on the ground.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 54
- Paragraph text
- In addition, regional mechanisms have developed tools such as model laws and handbooks, and convened workshops at the regional level to operationalize these tools. For example, LAS adopted an "Arab guiding law on fighting human trafficking" in 2005, and organized a workshop on "The mechanisms to combat human trafficking in Arab legislation" in Cairo in 2007. The conference provided first-hand information on how far countries have progressed through legal action in combating trafficking in persons. Similarly, the Bali Process cooperates with countries on anti-trafficking legislation, using a model law developed by China and Australia.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 57
- Paragraph text
- For example, in 2009 the SAARC Regional Task Force developed a Standard Operating Procedure to implement various provisions of the SAARC Convention on Preventing and Combating Trafficking in Women and Children. Other organizations have developed guidelines on specific topics of concern. For example, ASEAN has developed the Practitioner Guidelines on Criminal Justice Responses to Trafficking in Persons (2007) to provide guidance to criminal justice practitioners on investigation and prosecution of trafficking cases as well as on regional cooperation in this regard. Also, the 2009 ASEAN Handbook on International Cooperation on Trafficking in Persons provides criminal justice officials with an introduction to the key tools of international cooperation, specifically mutual legal assistance and extradition in relation to trafficking cases.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 66
- Paragraph text
- OAS has been very active in the provision of training on human trafficking. Through its programmes, consular officers, diplomats, peacekeepers, public security officers and migration officials, together with personnel from various government ministries and civil society in Latin American countries, have had the opportunity to analyse different scenarios to prevent and combat trafficking and learn about the profiles of victims of trafficking, including gender and age as determining factors. Interest was expressed by participants regarding the inclusion of the training materials in the curricula of diplomatic academies. As a result, in 2009 nine countries have confirmed the inclusion of OAS training materials in the curricula of their diplomatic academies.
- 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
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 23
- Paragraph text
- A number of initiatives have been launched to combat human trafficking in the Asia-Pacific region. ASEAN has adopted the "ASEAN Declaration against Trafficking in Persons, Especially Women and Children" (2004), followed by the adoption of a Work Plan to implement the Declaration. The main objectives of the Work Plan are to facilitate the exchange of information and experience on trafficking, strengthen regional and international cooperation to prevent and combat trafficking, and facilitate donor coordination. The Working Group on Trafficking in Persons, established under the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC), is in charge of monitoring the implementation of the Work Plan. ASEAN launched its first programme, Asian Regional Cooperation to Prevent People Trafficking (ARCPPT) (2003-2006), which was implemented by the Australian Government. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended to 2011 as the Asia Regional Trafficking in Persons Project (ARTIP).
- 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
- Children
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 24
- Paragraph text
- In the Mekong region, six Governments (Cambodia, China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam) established the COMMIT Process in 2004. The COMMIT Subregional Plan of Action for 2008-2010 contains eight key activities: Training and Capacity Building; National Plans of Action; Multilateral and Bilateral Partnerships; Legal Frameworks, Law Enforcement, and Justice; Victim Identification, Protection, Recovery and Reintegration; Preventive Measures; Cooperation with the Tourism Sector; and Coordination, Monitoring and Evaluation. Activities are being implemented in partnership between relevant government departments and non-government entities, whether United Nations agencies or non-governmental organizations (NGOs). The United Nations Inter-Agency Project on Human Trafficking (UNIAP), which was established in 2000 with a mandate to facilitate a stronger and more coordinated response to trafficking in persons in the Mekong region and beyond, acts as secretariat to COMMIT.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 26
- Paragraph text
- Finally, the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, a consultative mechanism launched in 2002 by the Ministers of over 50 countries in the Asia-Pacific region and beyond, works on practical anti-trafficking and anti-smuggling measures in the region, through the following key approaches: promotion of cross-agency responses; developing model legislation to address human trafficking; training of law enforcement officers on the provision of protection and assistance to victims of trafficking, particularly women and children; enhancing operational techniques relating to child sex tourism.
- 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
- Children
- Women
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- In this chapter, the Special Rapporteur sets out the legal framework of the right to an effective remedy for trafficked persons under international law and discusses when and how the obligation of States to provide remedies arises. She then analyses essential components of this right in the context of trafficked persons and discusses fundamental principles to be taken into account in the case of trafficked children. In chapter IV of the report, the Special Rapporteur offers conclusions and recommendations for States' consideration. Annex I of the report contains the draft basic principles on the right to an effective remedy for trafficked persons.
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 35
- Paragraph text
- A solid, comprehensive normative and institutional framework, whereby the commitment to tackling trafficking is expressed at the highest level, is an essential starting point for building an effective response to human trafficking. From analysis of the information collected, the Special Rapporteur noted that several organizations have adopted a formal international agreement in the form of a convention, an agreement or a memorandum of understanding (MOU), while others base their work on a document of a declaratory nature. For example, COMMIT was established by a MOU adopted at the ministerial level, which has proved to be a solid foundation for its work.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 26
- Paragraph text
- While many States have made positive progress in establishing and providing services to support recovery of trafficked persons, a number of challenges remain in ensuring that these services are provided in a manner that is non-discriminatory and enhances the human rights of trafficked persons. In some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked. It appears that the distribution of services often seems to be skewed towards foreign adult women trafficked for sexual exploitation. Furthermore, many States make access to recovery services conditional upon the capacity or willingness of trafficked persons to cooperate with law enforcement authorities, which is contrary to "the fundamental tenet of the human rights approach to trafficking".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity. In order to facilitate this process, States should ensure that trafficked children are equipped with information on all matters affecting their interests, including their situation, legal options, entitlements and services available to them, and processes of family reunification or repatriation. Further, States should ensure that trafficked children have access to legal, interpretative and other necessary assistance, provided by professionals trained in child rights and how to communicate with trafficked children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- First and foremost, information relating to trafficked persons' rights and mechanisms available to seek remedies is critical in ensuring their access to remedies. Trafficked persons can only seek remedies if they are aware of their rights and how to access such remedies. The importance of providing information is stressed in the Palermo Protocol, which requires States Parties to establish measures that provide trafficked persons with "information on relevant court and administrative proceedings". Experience indicates, however, that there is very little evidence of State practices in informing trafficked persons about their right to remedies, and the provision of information to trafficked persons in a manner that is appropriate in terms of language, content, form and timing remains a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 45
- Paragraph text
- Equally important is the content and form of information to be provided to trafficked persons. Trafficked persons should be provided with full and accurate information about their legal rights, how and where to obtain necessary assistance, different legal options and procedural steps involved in seeking remedies, and consequences of exercising such legal options. Information may be provided in writing such as in leaflets so that trafficked persons may reflect on the information at any time, and/or through hotlines and the Internet to increase accessibility to appropriate information. If the trafficked person wishes to pursue judicial proceedings, the provision of information may also take the form of familiarizing him or her with trial processes through observation of another court proceeding, if possible.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of human trafficking in supply chains 2012, para. 18
- Paragraph text
- Labour laws are a powerful tool to prevent and combat trafficking in supply chains, given that matters regulated thereunder, such as recruitment and employment of workers, wages and working conditions, may serve as operational indicators of trafficking. For example, deception about the nature of the job, location or employer may strongly indicate that the worker in question has been trafficked. Victims of trafficking in persons are often recruited and promised prosperous employment opportunities by unscrupulous recruitment agencies or labour brokers, only to end up in situations of exploitation after recruitment. Excessive working hours and debt bondage are other strong indicators of trafficking in persons and the Special Rapporteur has documented numerous cases in which trafficked persons were forced to work for more than 12 hours a day with very little pay in various sectors, typically including agriculture, food processing and garments and textile (see, for example, A/HRC/20/18/Add.2, paras. 9-12). Many States have in place, recently adopted or amended labour laws, requiring the registration of recruitment agencies and labour brokers, setting a minimum wage, placing a cap on the number of working hours, providing for breaks and holiday periods and prescribing occupational health and safety standards. While it is beyond the scope of the present report to scrutinize States' labour laws, the weak enforcement of those laws, rather than their provisions, often gives rise to risks of trafficking in many States. The Special Rapporteur has observed during past official visits that labour inspectors are often not well-equipped in terms of resources and capacity to conduct inspections to detect violations of labour laws, including in cases of trafficking for the purpose of labour exploitation (see, for example, A/HRC/14/32/Add.4, A/HRC/17/35/Add.2 and A/HRC/20/18/Add.2). There are encouraging signs, however, that some States are progressively strengthening the capacity of labour inspectors to prevent labour exploitation. For example, in Argentina, the authorities reportedly launched a more rigorous labour inspection programme in January 2011 and increased the number of labour inspectors to 400 throughout the country, targeting rural areas in particular. The Special Rapporteur commends this positive development, given that it was reported at the time of her official visit to Argentina that the labour inspection programme was ineffective and investigations into forced labour cases rarely carried out (see A/HRC/17/35/Add.4, para. 18). In Brazil, mobile inspection teams, comprising labour inspectors, labour prosecutors and federal police officers, investigate complaints of slave labour, rescue victims and impose fines on employers in breach of labour laws. Since 1995, more than 39,000 workers have reportedly been rescued.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 19
- Paragraph text
- Immigration laws could also contribute to preventing migrant workers from being trafficked into supply chains. Increasing opportunities for legal, gainful and non-exploitative labour migration is a measure that States may take to prevent trafficking in persons (E/2002/68/Add.1, guideline 7, para. 7). In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration (see A/65/288, para. 42). For example, the Protocol Relating to Free Movement of Persons, Residence and Establishment concluded under the auspices of the Economic Community of West African States, mandates the abolition of visa and entry permits for Community citizens, giving them greater freedom of movement between member States. While the implementation of the Protocol has reportedly been limited and it is difficult to assess its impact in preventing trafficking in persons, it nevertheless stands as an example of a framework that could encourage the regularization of population movements and hence decrease the risk of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 21
- Paragraph text
- Other States have established national certification or labelling systems integrating measures to combat trafficking and forced labour. In Argentina, for example, the National Institute of Industrial Technology recently established a comprehensive national certification system for companies in the textile industry, whereby it offers a certificate of quality to firms that refrain from using forced labour and provide their employees with decent working conditions and social security coverage. The certified companies are eligible to bid on State textile contracts, such as for military uniforms. In a similar vein, in the Plurinational State of Bolivia, the Bolivian Institute of Foreign Trade, in coordination with the Ministry of Labour, Employment and Social Security, awards a triple seal, or certification, to companies that have demonstrated the prohibition of child labour, forced labour and discrimination throughout the production chain.
- 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
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 23
- Paragraph text
- Several companies have already made the required disclosures, which significantly vary in attitude and detail. Some have made disclosures detailing the initiatives that they have taken to address human trafficking in their supply chains, while others simply mimic the language of the Act to affirm that they are implementing the measures suggested therein without giving details as to how they have done so. Some companies even indicate that they have taken no steps to address human trafficking in their supply chains. As the Act does not require the actual implementation of the measures specified therein but rather disclosures as to the extent to which companies are implementing such measures, companies can still be in compliance with the Act by merely stating that they are not taking any action to address human trafficking and slavery. Accordingly, the effectiveness of the Act will hinge upon the extent to which advocates and investors strategically use the disclosures to affect the companies' brand image and consumer opinion. Nevertheless, the Act represents an innovative initiative by which States may contribute to regulating corporate behaviour in efforts to eradicate human trafficking in supply chains.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph