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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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Topic(s)
- Economic Rights
- Poverty
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 45
- Paragraph text
- The Special Rapporteur is especially concerned that many awareness-raising campaigns simply use scare tactics to prevent people from leaving home. Such campaigns are counterproductive and cause unintended negative effects. There are reports, for instance, that awareness-raising campaigns resulted in a decrease in children's school attendance because the parents were afraid that their children might be abducted and refusal by some to travel overseas because the traveller thought she would be trafficked if she left the village. Furthermore, some awareness-raising campaigns may result in the unintentional stigmatization of certain groups of trafficked persons, such as women. The Special Rapporteur observed that many of the images and messages used in awareness-raising campaigns tend to focus on women trafficked for forced prostitution, thereby giving the public the wrong impression that trafficking is about prostitution and that all trafficked women are prostitutes. In some countries, such misdirected awareness-raising efforts have reportedly produced overly suspicious law enforcement officers who hinder the exercise by women and girls of the freedom to travel abroad. In addition, such stereotyping and stigmatization may pose obstacles to the reintegration process upon their return to their communities. For example, the Special Rapporteur discovered during her country visit to Belarus that male victims trafficked especially for forced labour in the Russian Federation refused or were very reluctant on their rescue and return to take advantage of psychosocial support designed for the recovery and reintegration of victims owing to the prevailing severe stigmatization in the community of persons who have been trafficked.
- 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
- Families
- Girls
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 47
- Paragraph text
- Second, it is important to recognize that awareness-raising is never enough in itself to prevent trafficking and needs to be complemented by programmes that reduce the vulnerability of potential victims and provide them with viable alternatives. Awareness-raising campaigns implemented alone as a preventive measure are based on the assumption that increased awareness of trafficking issues will encourage people to make alternative decisions that minimize their risk of being trafficked. While this may work well in some circumstances, it disregards the dynamic "push" factors that compel people to leave home despite their knowledge of the risks. The anti-child trafficking project implemented by an international non governmental organization for children from the Egyptian community in Albania is a good example of how the provision of information was combined with efforts to reduce the vulnerability of children who are particularly at risk of being trafficked. After finding that there was a correlation between children dropping out of school and their risk of being trafficked, the organization strategically provided advice and material support to families with children at risk.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 48
- Paragraph text
- Third, the powerful role of the media should be fully acknowledged and exploited in awareness-raising campaigns. The media has tended to sensationalize stories of trafficked persons and highlight their "victimhood" rather than educating the public about the underlying social and economic factors that led to the violation of their human rights. Given its influential role and ability to reach wider audiences, however, the innovative use of media should be built into awareness-raising activities. The ILO project to combat trafficking in children and women in the greater Mekong subregion is a good example of the effective use of a radio programme and television drama in Cambodia to provide adolescents with practical information about safe migration and warnings about trafficking. Given the large number of existing information campaigns, it is also useful to deploy innovative methods to disseminate anti-trafficking messages. The MTV EXIT (End Exploitation and Trafficking) campaign, for example, used the power and influence of music, film and celebrity to attract the interest of youths in trafficking issues. In addition to producing a number of documentaries, animated films and music videos, it held live concerts across Asia and Europe featuring local and international artists. It maintains profiles on social networking and video-sharing sites such as MySpace, Facebook and YouTube. The Blue Heart campaign, an awareness-raising initiative launched by UNODC in 2009, also makes use of social networking sites to reach out widely. While the impact and effectiveness of such campaigns needs to be analysed and assessed more closely, the innovative use of media and information technology to reach out to youth appears to have a positive impact.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Economic Rights
- Education
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 17
- Paragraph text
- African States have started taking coordinated action both at the regional and subregional levels. At the level of the AU, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, was adopted by Ministers of Foreign Affairs, Migration and Development from Africa and the EU in November 2006, at the Africa-EU Ministerial Conference on Migration and Development, held in Tripoli in the framework of the Africa-EU Strategic Partnership. The Action Plan provides specific recommendations to be implemented by Regional Economic Communities (RECs) and member States based on a three-pronged strategy: prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of 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
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 78
- Paragraph text
- The Ouagadougou Action Plan contains specific measures on rehabilitation aimed at establishing a minimum standard for the rehabilitation of victims in the region. It calls upon States to establish rehabilitation centres to assist victims of human trafficking, to ensure their safety and facilitate their recovery and social reintegration, and to exchange documentation on lessons learned regarding recovery, repatriation and reintegration. Importantly, it also calls upon States to develop programmes for the rehabilitation and social reintegration of children trafficked in order to become child soldiers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 82
- Paragraph text
- The Ouagadougou Action Plan underlines some major issues with regard to the participation of victims in judicial proceedings. In particular, while encouraging victims of trafficking to testify in the investigation and prosecution, States are urged to give due consideration to the safety and security of victims and witnesses at all stages of legal proceedings, in particular with regard to children. It also calls upon States to adopt specific measures to avoid criminalization of victims of trafficking, as well as the stigmatization and the risk of re-victimization. Finally, it invites States to consider legislation to provide for administrative, civil or criminal liability of legal persons or their representatives for trafficking offences in addition to the liability of natural 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 93
- Paragraph text
- Similarly, the SAARC Convention calls upon its States parties to promote awareness, inter alia, through the use of the media, of the problem of trafficking in women and children and its underlying causes, including the projection of negative images of women. Also active on gender mainstreaming in relation to trafficking, COMMIT in the Mekong region has taken the stance of involving both women and men in decision-making concerning counter-trafficking policies. On that basis, UNIAP works to ensure that every level of its work, from high-level forums with senior officials to community-based initiatives, includes both women and men, and that women are represented in positions of leadership and responsibility. The OAS secretariat promotes the inclusion of a gender perspective in all aspects of its work, and encourages OAS member States to send an equal number of male and female participants to all training provided or supported by OAS.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- The Special Rapporteur also noted in the Human Rights Council report that 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. 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
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- In addition, the Special Rapporteur stressed in the Human Rights Council report that in the case of trafficked children, special considerations apply in developing and implementing responses aimed at the realization of the right to an effective remedy. At a minimum, the realization of the right to an effective remedy for trafficked children should be guided by the general principles of the Convention on the Rights of the Child. The principle of particular importance is that the best interests of the child shall be a primary consideration in all actions concerning children. Thus, the best interests of the child need to be carefully considered before deciding the course of action and the type of remedy to be sought. For instance, the child's participation in criminal proceedings may not be in his or her best interest in some cases 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. Further, this formula based on the best interests of the child suggests that compensation may not always be a suitable form of remedy for trafficked children. In some cases, it may be more appropriate to seek reparative measures geared towards building a comprehensive child protection system that guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 24
- Paragraph text
- Pursuant to the Convention on the Rights of the Child, States are also 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. To this end, the child should be given 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. Further, the need to ensure active participation of children 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Measures of restitution warrant a cautious approach in the context of trafficking in persons, as simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked. From this perspective, restitution implies States' obligations to undertake broader measures to address root causes of trafficking and to provide necessary reintegration support to trafficked persons, so as to address any risk of re-trafficking. The repatriation in 2005 of about 1,000 Pakistani children who were trafficked to the United Arab Emirates as camel jockeys, provides an illustration. In this case, the factors which caused the children to be trafficked in the first place, such as poverty, the lack of economic opportunities and the absence of a comprehensive child protection system, still persisted at the time of repatriation. Therefore, repatriation and reintegration of the children inevitably entailed tackling the root causes of trafficking and strengthening the child protection system, including providing basic education and health services in a sustainable manner.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 53
- Paragraph text
- While the elements of the right to an effective remedy equally apply to trafficked children, responses vis-à-vis trafficked children warrant special consideration, having regard to "the particular physical, psychological and psychosocial harm suffered by trafficked children and their increased vulnerability to exploitation", as well as their lack of full legal standing. Article 6, paragraph 4, of the Palermo Protocol also recognizes that in providing protection and assistance to trafficked persons, "the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children" should be taken into account.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph