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Trafficking in persons in conflict and post-conflict situations 2016, para. 63
- Paragraph text
- Conflict influences the form and nature of trafficking in different ways. The severity of trafficking-related exploitation appears to be high when it occurs during conflict, and may be even greater in post-conflict situations, enhanced by conditions that are themselves a cause or consequence of conflict, such as impunity and an increase in generalized violence. Certain forms of trafficking-related exploitation, such as forced military recruitment of both children and adults, are either specific to conflict or more prevalent in situations of conflict. Sexual exploitation is another form of trafficking that intersects with the dynamics of situations of conflict, including the use of proceeds from the trafficking, trading and ransoming individuals to purchase arms and pay fighters, which perpetuates the cycle of violence against civilians.
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 83
- Paragraph text
- Under the terms of article 9 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States parties are required to "adopt or strengthen legislative or other measures … to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking".
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69c
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- 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
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 108
- Paragraph text
- Regional cooperation instruments and plans of action should promote the ratification of international human rights law instruments, including the Palermo Protocol. In particular, they should contain a commitment by all countries to adopt the Palermo Protocol definition of human trafficking, which covers trafficking of all persons, women, children and men, and in all its forms, including for sexual exploitation, labour exploitation, slavery or practices similar to slavery, organ transplantation and other exploitative reasons.
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
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.
- 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
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.
- 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
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58e
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Continue promoting the involvement of civil society in all international and regional anti-trafficking forums, including discussions on the review mechanism for the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77c
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Recruitment modalities employed by extremist groups, especially with respect to children and their use as combatants, sexual slaves, human shields or suicide bombers;
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur; they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including women, refugees and unaccompanied 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)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 66a
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Prevent trafficking in persons, especially targeting unaccompanied children such as orphans, children left behind by parents fleeing conflict and children moving alone to flee conflict areas, in cooperation with national civil society organizations, United Nations agencies and programmes and international organizations;
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58c
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider enhancing collaboration with the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, to capitalize on common interests and approaches;
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58d
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Continue promoting implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and relevant regional instruments, as well as other standards and policies related to trafficking in persons, including endorsing the draft basic principles on the right to an effective remedy for trafficked persons and encouraging States to incorporate them into national legislation;
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 58
- Paragraph text
- However, conflict influences the form and nature of trafficking in different ways. First, the severity of trafficking-related exploitation appears to be greater when it occurs during or, indeed, after conflict, enhanced by conditions that are themselves a cause or consequence of conflict, such as impunity and increased, generalized violence. Second, certain forms of trafficking-related exploitation are either particular to conflict or more prevalent in situations of conflict, such as forced military recruitment of both children and adults. Sexual exploitation is another form of trafficking that intersects with the dynamics of situations of conflict, including the use of proceeds from trafficking, trading and ransoming individuals to purchase arms and pay fighters, which perpetuates the cycle of violence against civilians.
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 64c
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- 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)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 72d
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The link between organized crime and all forms of trafficking in persons, especially women and children, as a result of a weak rule of law during and following conflicts;
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 71a
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Prevent trafficking in persons, especially targeting isolated children such as orphans, children left behind by parents fleeing conflict, children moving alone to flee conflict areas or those in camps, in cooperation with civil society organizations, United Nations agencies and programmes and international organizations;
- 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)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 74
- Paragraph text
- All States, in particular countries of "demand", should take steps to ensure that the jurisdictional reach of their laws relating to trafficking in persons for the removal of organs enables the effective prosecution and punishment of related offences involving their nationals. For countries requiring specific legislation, this would be most effectively secured through laws that extend the national legislative prohibition on trafficking in persons for the removal of organs and related offences extraterritorially, irrespective of the legal status of the relevant acts in the country in which they occur. Extraterritorial legislation developed to combat child sex tourism and similarly situated offences can provide a useful model in this regard.
- 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)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 78b
- Paragraph text
- [The Human Rights Council should:] Consider abbreviating the title of the mandate by removing the specific reference to women and children. While that reference is part of the title of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, it may deflect attention from the reality that trafficking is a problem affecting men as well as women and children. However, the substance of the mandate as set out in Human Rights Council resolution 8/12: "to promote the prevention of trafficking in persons in all its forms and the adoption of measures to uphold and protect the human rights of victims" has proved to be a sound one that requires no substantial modifications.
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 78
- Paragraph text
- States should develop child-sensitive court procedures which effectively protect the rights and interests of children in order to enable them to exercise their right to an effective remedy in a meaningful manner. To this end, States should implement specific protective measures, such as a witness protection programme to preclude direct contact between the accused and the child, alternatives to direct testimony, and a multi-disciplinary team equipped with social workers to support the child throughout the court proceedings.
- 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
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77d
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The link between organized crime and all forms of trafficking in persons, especially women and children, as a result of weak rule-of-law situations during and following conflicts;
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77h
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Early identification of cases of trafficking in persons, especially women and children, in the context of massive influxes of migrants as a result of conflict.
- 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)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 74
- Paragraph text
- States should provide legal assistance to trafficked persons on a free-of-charge basis as an essential pre-condition for all trafficked persons to exercise their right to an effective remedy. States should ensure that lawyers providing such assistance have received adequate training in the rights of trafficked persons including children, and in effective communications with victims of human rights violations.
- 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
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 77
- Paragraph text
- States should ensure that the best interests of the child are a primary consideration in all decisions or actions that affect trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 79
- Paragraph text
- 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. States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity.
- 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
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 80
- Paragraph text
- States should ensure that trafficked children are provided with legal, interpretative and other assistance necessary in order for them to seek remedies. States should ensure that professionals providing such assistance are adequately trained in children's rights and the issues of child trafficking.
- 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)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85d
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] It is necessary to put regulatory and supervisory mechanisms in place whenever they encourage or facilitate any forms of labour migration, as the absence of such mechanisms has had the effect of facilitating trafficking in persons. Legislation is required to protect anyone who, in the absence of appropriate protection, can be exploited with relative ease (such as migrant workers in general, child workers,particularly those below the minimum age for admission to employment) and anyone working outside a formal or regulated workplace (such as migrant domestic workers and other migrants, particularly women, who work in unregulated or informal workplaces). Legislation may also be required to ensure that any places where trafficked persons may be deployed to work or earn money, including informal workplaces or settings, are subject to the rule of law and can be checked by law enforcement officials, if 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)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85h
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] States should seek the views of representatives of any particular group of people who would potentially be affected by measures to prevent human trafficking in a significant way and take these views into account when designing measures to discourage demand. Seeking the views of such people means collecting relevant information from people who, on account of their experience, are likely to be well-informed about the shortcomings, gaps or unintended consequences of existing policies and practices. In particular, as highlighted by the Committee on the Rights of the Child, States have a responsibility to listen to and take into account the views of children who may be impacted by any measures to discourage demand.
- 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
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 64a
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Protect people, particularly children, women and minority groups in conflict-affected areas and people fleeing conflict, from all forms of trafficking in persons;
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 42
- Paragraph text
- States should ensure that the best interests of the child are a primary consideration in all decisions or actions that affect trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
- 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
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 78
- Paragraph text
- The media should be adequately sensitized about the linkage between trafficking in persons, especially women and children, and conflict, and should be aware of its gender dimension, in order to be able to report correctly about incidents of trafficking affecting girls, boys, women and men living in such circumstances.
- 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)
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2016
Paragraph