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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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 22
- Paragraph text
- Measures to address the root causes of trafficking, such as gender discrimination and inequality, also play a crucial role in ensuring effective restitution of trafficked women and girls. Where trafficked women and girls have been subjected to sexual and gender-based violence, they may face discrimination, social stigma, communal and family ostracism upon return to their families and communities, thereby resulting in their re-victimization. In these cases, "restitution of identity, family life and citizenship for them may require measures that target their wider communities - including attempts to subvert cultural understandings around the value of women's purity and sexuality".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2011
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 94
- Paragraph text
- The CoE Convention, in addition to requiring the use of gender mainstreaming in the development, implementation and assessment of anti-trafficking measures, also contains special measures for children. These include measures to reduce children's vulnerability to trafficking, notably by creating a protective environment for them, and also on the identification and representation of child victims, on the protection of the private life and identity of child victims, on the issue of residence permits for child victims in accordance with the best interests of the child, and on non-return of child victims to a State if there is any indication that return would not be in the best interests of the child. Furthermore, repatriation programmes for child victims should include enjoyment of the right to education and measures to secure adequate care or reception by the family or appropriate care arrangements. One of the aggravating circumstances to be considered when determining the penalty for the offence of trafficking is when the offence is committed against children. Special protection measures are afforded to child victims during and after investigation and prosecution. Lastly, during court proceedings special care should be taken of children's needs and their right to special protection measures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
4 shown of 4 entities