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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
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph