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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
- 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. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- 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
- 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. 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
- Topic(s)
- Governance & Rule of Law
- 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. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to 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
- 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. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 7
- Paragraph text
- Trafficking in persons, especially women and children, is a gross human rights violation. It is also a lucrative crime that generates US$150.2 billion per year in illegal profits. The flow of trafficking in persons evolves with the changing socioeconomic realities of society and traffickers adapt their modus operandi accordingly.
- 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
- 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
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 15
- Paragraph text
- Trafficking is a feature of armed conflict as well as of post-conflict situations and usually has a strong gender dimension. For instance, men and boys are trafficked for the purpose of supplying combatants to supplement fighting forces. Armed conflicts also increase the risk of women and girls being sexually exploited, which includes being abducted and forced into sexual slavery and/or forced prostitution. Those victims may be transported across international borders before being sold and trafficked to other regions or countries. They can also be trafficked for the purposes of forced labour for armies and armed groups. In addition, arranged marriages or false promises of domestic work abroad that are expected to provide children with a better life often render them vulnerable to trafficking for the purposes of commercial sexual exploitation and forced labour, including domestic servitude. Furthermore, paramilitary groups can wreak havoc on communities during armed conflicts, often forcing children to become soldiers and workers, including in the illegal drug trade.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- 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
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 22
- Paragraph text
- Women are significantly involved in trafficking in persons, both as victims and offenders. Data regarding women are among the most interesting findings in the UNODC Global Report on Trafficking in Persons 2014, which confirms that women and girls are disproportionately exploited not only for the purposes of sexual but also labour exploitation. In some regions, such as in South and East Asia, in Africa and the Middle East, women are even the majority of people exploited as forced labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Girls
- 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
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 25
- Paragraph text
- Some forms of trafficking mostly involve women and girls, who comprise the vast majority of people trafficked for sexual purposes and for labour exploitation in domestic servitude. Moreover, women are also trafficked for the purpose of forced and servile marriages (A/HRC/21/41).
- 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
- Girls
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 26
- Paragraph text
- Assistance and support measures should take into account a gendered perspective, building upon good practices in relation to the field of sexual exploitation, especially those based on solidarity and the help that women can provide to each other, and that survivors can provide to actual, potential and presumed victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 30
- Paragraph text
- Prior to the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (also referred to as the Palermo Protocol), trafficking in persons was addressed in various instruments, including the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, and the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Other international normative documents also contain provisions against trafficking of persons, such as the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the sale of children, child prostitution and child pornography.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 31
- Paragraph text
- In December 2003, the Palermo Protocol entered into force and has since been ratified by many States. The purposes of the Protocol are to prevent and combat trafficking in persons, paying particular attention to women and children; to protect and assist the victims of trafficking, with full respect for their human rights; and to promote cooperation among States parties in order to meet those objectives. UNODC offers practical help to States in the implementation of the Protocol, giving guidance for the drafting of laws and the creation of comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 41
- Paragraph text
- In this region, the 1994 Inter-American Convention on International Traffic in Minors and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) contributed to the anti-trafficking legal framework. Other instruments, such as the 2005 Montevideo Declaration against Trafficking in Persons in MERCOSUR (Common Market of the South) and Associated States, the 2008 Recommendations of the First International Congress of MERCOSUR and Associated States on Trafficking in Persons and Child Pornography, the Work Plan against Trafficking in Persons in the Western Hemisphere (2010-2012, later extended for two years, and 2015-2018), the Inter-American Declaration against Trafficking in Persons ("Declaration of Brasilia", 2014) and the Brazil Declaration on a Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean (Cartagena+30, 2014), further consolidated regional efforts to eradicate human trafficking.
- 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
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 43
- Paragraph text
- A number of initiatives have been launched to combat trafficking in persons in the Asia-Pacific region, including the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted by the States members of the South Asian Association for Regional Cooperation in 2002. In addition, the Association of Southeast Asian Nations (ASEAN) launched its first programme, the Asia Regional Cooperation to Prevent People Trafficking Project (2003-2006), which was implemented by the Government of Australia. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended in 2011 as the Asia Regional Trafficking in Persons Project. ASEAN also adopted the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children (2004), followed by the adoption of a work plan to implement the Declaration. An ASEAN convention on trafficking in persons and a regional plan of action are expected to be finalized and adopted in 2015.
- 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
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 46
- Paragraph text
- The African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa provide the legal framework for combating trafficking in persons. Additionally, the Migration Policy Framework for Africa (2006) provides the overarching policy of the African Union on migration issues, including human trafficking. The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006) provides specific recommendations to be implemented by regional economic communities and member States on prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking. Furthermore, the African Union Horn of Africa Initiative on Human Trafficking and Smuggling (Khartoum Declaration, 2014) focuses on, inter alia, areas such as addressing the social, economic, environmental, cultural, security and political factors that make people vulnerable to human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 47
- Paragraph text
- Subregional initiatives include the Economic Community of West African States (ECOWAS) Declaration on the Fight against Trafficking in Persons (2001) and the ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003). Subsequent plans of action against trafficking in persons have also been adopted. Moreover, the ECOWAS and Economic Community of Central African States biregional Plan of Action to Combat Trafficking in Persons, especially Women and Children (2006-2009), the related resolution and a multilateral cooperation agreement have further strengthened subregional initiatives to curb trafficking. The biregional Plan of Action reaffirmed the ECOWAS Initial Plan of Action and extended efforts to combat trafficking into the Central African region. In addition, the Southern African Development Community Plan of Action to combat trafficking in persons, the revised African Union Plan of Action on Drug Control and Crime Prevention (2007-2012 and 2013-2017) can be cited as examples of subregional initiatives. Joint cooperation between intergovernmental organizations, such as between the United Nations and the African Union, in the Asian-African Legal Consultative Organization or within the Commonwealth can be cited as joint actions to address human 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 49
- Paragraph text
- To that end, the Special Rapporteur will advocate a human rights-based and victim-centred approach to promote and protect the human rights of victims of trafficking, especially women and children, guided by international human rights law and standards, including the OHCHR Recommended Principles and Guidelines on Human Rights and Human 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 50
- Paragraph text
- The Special Rapporteur will adopt a gendered perspective on trafficking which acknowledges that both women and men can be involved in trafficking and provides a better understanding of how to address the similarities and differences in the trafficking experience of women and men. In her work, she plans to pay particular attention to understanding the characteristics of trafficking crimes from a gender perspective to ensure the adoption of targeted measures. A gender perspective is necessary to understand why women constitute the majority of victims of trafficking in certain sectors, and why men are less likely to be identified as victims of trafficking and less likely to be reached by existing support measures for trafficked persons. In addition, the compounded effects of various types of exploitation which affect women disproportionately should be examined. For instance, in the agriculture sector, women trafficked for labour exploitation who work in the fields during the day are often sexually exploited at night by fellow workers and/or brokers and intermediaries.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Men
- Women
- 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
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 83
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 26/8, and to constructive and fruitful cooperation with diverse stakeholders in all regions of the world. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages them to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on combating trafficking in persons, especially women and children.
- 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
- Violence
- Person(s) affected
- Children
- Women
- 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
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 14
- Paragraph text
- Alongside human rights due diligence standards on trafficking involving private actors, other areas of international law also contain obligations that specifically address trafficking by non-State actors. In particular, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (United Nations Trafficking Protocol) as a Protocol to the United Nations Convention against Transnational Organized Crime requires States to undertake to prevent trafficking, protect victims, and prosecute trafficking in persons by private individuals, including by providing the possibility for victims to access compensation. In considering whether a State has acted diligently, it will be relevant to consider whether it is bound by any of these other international obligations on trafficking by non-State actors, such as through the United Nations Trafficking Protocol or regional instruments. A better understanding of the content of the human rights obligations of due diligence on trafficking can also help ensure that States comply with human rights in implementing these other anti-trafficking obligations and to develop complementary protections for 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
- Children
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 29
- Paragraph text
- The exercise of due diligence requires that remedies for victims be available and effective. As well as being an obligation under article 5 of the United Nations Trafficking Protocol, the criminalization of trafficking is a core component of a State's due diligence obligations, including to protect victims, prevent future trafficking, and provide the necessary structures to investigate, prosecute and adjudicate trafficking cases. Accordingly, States also have due diligence obligations relating to the investigation and prosecution of suspected traffickers. However, in practice, while more than 90 per cent of States have legislation criminalizing trafficking in persons, "this legislation does not always comply with the [United Nations Trafficking] Protocol, or does not cover all forms of trafficking and their victims, leaving far too many children, women and men vulnerable. Even where legislation is enacted, implementation often falls short." Such problems in implementation constitute a failure of States' obligations to criminalize, investigate and punish trafficking in persons and deny victims access to justice. Particular gaps in criminalization also persist in the areas of trafficking for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict.
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 33
- Paragraph text
- Human rights due diligence also requires that investigations and prosecution adopt gender-specific measures that take into account the different assistance and protection needs of women and men, girls and boys and overcome discriminatory barriers to accessing remedies, such as by preventing the introduction of discriminatory evidence in proceedings to determine the victim's right to redress and ensuring that complaint mechanisms and investigations into trafficking in persons incorporate specific positive measures that enable victims to come forward to seek and obtain redress. States should also address other barriers that victims of trafficking in persons often face, including diplomatic immunity when domestic workers are in diplomatic households. Some countries, such as Switzerland and Belgium, have established a specific mediation mechanism to resolve labour conflicts arising between domestic workers and persons enjoying diplomatic privileges and immunities. Trafficked persons, as well as their families and relevant witnesses, should be protected against unlawful interference with their privacy and safety before, during and after relevant proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 52
- Paragraph text
- Due diligence requires respect for the principle of non-punishment of victims as well as the removal of barriers in access to justice, including any limitations regarding residence or other personal status. This includes the adoption of gender-specific measures that take into account the different assistance and protection needs of women and men, girls, and boys and overcome discriminatory barriers to accessing remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
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
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2013
Paragraph