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Prevention of trafficking in persons 2010, para. 23
- Paragraph text
- In this process, the dynamic force of globalization and trade liberalization exacerbates the feminization of poverty and migration. A number of reports indicate that structural adjustment measures imposed by global financial institutions such as the World Bank and the International Monetary Fund increased poverty, unemployment, inequality and the degree of insecurity in many countries. In many cases, such adverse effects fall on women, as structural adjustment often involves the privatization of the public sector, which reduces access to social services that women may rely on. Trade liberalization may also result in cheap imports so that certain industries dominated by women, such as agriculture and textiles, are not able to survive, causing a loss of employment of the women. These effects all contribute to creating powerful "push" factors for women to migrate to seek employment outside their countries of origin, even at the risk of abuse, exploitation and trafficking.
- 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
- Poverty
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 24
- Paragraph text
- The next question then is: What contributes to trafficking, as opposed to non exploitative migration? It is important to recognize that there are crucial differences between trafficking and migration in terms of the means used and the purposes of people's movement. The definition of "trafficking in persons" under article 3 (a) of the Palermo Protocol makes clear that trafficked persons are deceived or forced (by threat or coercion) to move for the purpose of exploitation. Thus, while trafficking in persons and migration share the same "migratory space", as both involve the movement of people, trafficking in persons entails movement by fraudulent or coercive means for exploitative purposes. In the light of those factors, the Special Rapporteur notes that there is a strong causal link between restrictive immigration policies and trafficking. In contrast with trade liberalization, immigration policies have become increasingly restrictive, particularly for people with low skills, despite the demand for their labour in many industrialized countries. While a number of States have deployed immigration control and border security measures in response to the smuggling of and trafficking in persons, such measures are often counterproductive, as many prospective migrants are not deterred by them and would rely on intermediaries to facilitate their entry to destination countries through informal and clandestine channels. In many cases, people decide to leave home not as a matter of choice but as a matter of survival in order to escape from serious violations of their human rights. People's desire to move at any cost creates a lucrative market condition for traffickers and increases migrants' vulnerability to traffickers.
- 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
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 42
- Paragraph text
- These practices illustrate that some measures directed at countering trafficking or promoting safe migration are misguided and result in violations of the human rights of prospective migrants. Strategies to promote safe migration should not be based on the restriction of migration channels that States may regard as potentially dangerous without concrete evidence. Rather, any prevention strategies should be underpinned by the recognition of freedom of movement and the creation of more opportunities for legal and non-exploitative labour migration. In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration. In this regard, bilateral or multilateral agreements providing for legal labour migration are strongly encouraged. Steps must be taken, however, to ensure that such agreements are consistent with international human rights laws and standards and that the implementation of the agreements is independently monitored so that they do not result in the "exporting" of migrants under abusive working conditions.
- 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
- Persons on the move
- 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. 68
- Paragraph text
- The protection of the human rights of migrants is of paramount importance in preventing exploitation that leads to trafficking. Thus, States should respect, protect and promote the human rights of migrants, particularly labour rights in sectors where such protection has traditionally been weak or absent, such as domestic work. To that end, States should sign, ratify and enforce all relevant human rights instruments, in particular the Palermo Protocol and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- 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
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 71
- Paragraph text
- States should recognize that creating opportunities for regular labour migration that respond realistically to the economic and societal demand for such migration rather than artificially restricting legal migration channels is the key to preventing trafficking in persons. Among other measures, States should actively seek to adopt bilateral and multilateral agreements providing for legal labour migration, particularly for low- and semi-skilled labour. This should be designed, implemented and monitored with the active participation of migrant workers themselves to ensure their effectiveness in promoting safe migration.
- 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
- Person(s) affected
- Persons on the move
- 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. 15
- Paragraph text
- Numerous cooperation mechanisms already exist at the international level, with international organizations such as the United Nations Office on Drugs and Crime (UNODC), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the Office of the High Commissioner for Human Rights (OHCHR) and the International Organization for Migration (IOM), carrying out research, awareness-raising activities and training, developing legal instruments and guidelines and funding field projects. However, efforts at that level are not sufficient. They need to be complemented and adapted to a regional perspective, which provides a better setting for closer cooperation, facilitated by a stronger feeling of ownership and greater adaptability to local approaches and realities on the ground.
- 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
- Persons on the move
- 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. 66
- Paragraph text
- OAS has been very active in the provision of training on human trafficking. Through its programmes, consular officers, diplomats, peacekeepers, public security officers and migration officials, together with personnel from various government ministries and civil society in Latin American countries, have had the opportunity to analyse different scenarios to prevent and combat trafficking and learn about the profiles of victims of trafficking, including gender and age as determining factors. Interest was expressed by participants regarding the inclusion of the training materials in the curricula of diplomatic academies. As a result, in 2009 nine countries have confirmed the inclusion of OAS training materials in the curricula of their diplomatic academies.
- 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
- Persons on the move
- 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. 71
- Paragraph text
- Prevention encompasses multiple aspects, from awareness-raising to training, research and development projects. In its latest Work Plan (COMMIT SPA II (2008-2010), COMMIT in the Mekong region has centred its prevention policy on the risks linked to unsafe migration. It includes activities such as research on formal versus informal recruitment of migrant workers, developing regional guidelines, taking direct measures to reduce vulnerabilities in source areas, in the migration and recruitment processes and in workplaces, and promote closer cooperation between sending and receiving countries in monitoring working conditions of migrant workers. COMMIT also promotes the inclusion of trafficking training in secondary school curricula.
- 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
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Some of these obstacles in seeking compensation clearly show that procedural rights of access to remedies are critical preconditions in realizing the substantive right to remedies for trafficked persons. For instance, States must provide trafficked persons with information relating to their rights and mechanisms available to seek remedies, as they would not be able to seek remedies unless they are aware of this essential information. As judicial and administrative proceedings are often complex in many jurisdictions, legal assistance is also crucial for trafficked persons, especially where they are not familiar with the legal system of the country concerned. In addition, regular residence permits in countries where remedies are being sought are an important prerequisite, as it would be very difficult for trafficked persons to seek remedies if they are at risk of expulsion or have already been expelled. The Special Rapporteur found, however, that these measures are often not available to trafficked persons in practice.
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- It is beyond the scope of the present report to discuss in detail these aspects of the right to an effective remedy, which raise broader issues such as the efficacy of the judicial system and the obligations of States to prevent trafficking in persons. However, the Special Rapporteur emphasizes that they are essential elements of the right to an effective remedy, without which the ultimate objective of enabling trafficked persons to recover from the harms and rebuild their lives with the full enjoyment of human rights, may not be realized. In particular, guarantees of non-repetition, which include measures to prevent trafficking, constitute an important form of remedy in view of the risks of re-trafficking that trafficked persons may be exposed to. To this end, the Palermo Protocol imposes an obligation on States to undertake various measures aimed at prevention of trafficking, ranging from tackling the root causes to providing or strengthening training of law enforcement officers, immigration and other relevant officials in the prevention of trafficking in 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 61
- Paragraph text
- The importance of implementing this right in a holistic manner has received peripheral attention by States, which instead tend to focus on criminal justice responses. Trafficked persons are often seen as "instruments" of criminal investigation, rather than as holders of rights. In many States, trafficked persons do not receive remedies in a holistic manner as a matter of right, but are only provided with ad hoc measures which are effectively by-products of criminal investigation, such as temporary residence permits contingent upon cooperation with law enforcement authorities and assistance in recovery which is in turn tied to temporary residence permits. Trafficked persons are rarely known to have received compensation, as they are often not provided with the information, legal and other assistance and residence status necessary to access it. At worst, many trafficked persons are wrongly identified as irregular migrants, detained and deported before they have an opportunity to even consider seeking remedies.
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- 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
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 52
- Paragraph text
- Government agencies and non-governmental organizations may collaborate in other innovative ways, as seen in the development of a new reporting mechanism in the Philippines. Recognizing that Filipinos are some of the most prolific users of short message service (SMS) technology in the world, a plan entitled "SOS SMS for Overseas Filipino Workers in Distress was created in 2006. For Filipinos abroad, SOS SMS is an all-hours text-based ICT mechanism implemented in coordination with non-governmental organizations and Government agencies to enable trafficked persons to solicit help via any SMS-enabled telephone system. The programme allows for instantaneous and inexpensive reporting, and facilitates counselling, guidance and emergency assistance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 20
- Paragraph text
- The focus of the present report is on one aspect of the broader environment sketched above: the exploitation of persons who are compelled by need or force to provide organs for transplantation to people within their own countries or to foreigners, to use the language of the Doha Communiqué of the Declaration of Istanbul Custodian Group, adopted on 14 April 2013. The terminology around this phenomenon is not settled. Some States and intergovernmental organizations claim that there is a difference between trafficking in organs and trafficking in persons for the removal of organs, with the latter a small subset of the former. The Special Rapporteur considers that the difference is largely semantic, given that organs are not moved or traded independently of their source. Rather, the source is moved or positioned in such a way as to make transplantation possible. Accordingly, it is more accurate to characterize the practice described above as "trafficking in persons for the removal of organs".
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 47
- Paragraph text
- The identification of removal of organs as an exploitative purpose of trafficking in persons is a major step forward in changing this unsatisfactory situation. The opportunities presented by the development of a robust international legal framework around trafficking in persons have not yet been fully taken up, however. One of the principal reasons for the failure to leverage the trafficking in persons framework against transplantation-related exploitation is the persistent attachment of some States and intergovernmental organizations to a distinction between trafficking in organs and trafficking in persons for removal of organs. As shown above, this distinction is largely unjustified because the principal issue of focus, the exploitation of persons who are compelled by need or force to provide organs for transplantation to people within their own countries or to foreigners, falls squarely within the international legal definition of trafficking in persons.
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 58
- Paragraph text
- It has been noted that victims of trafficking in persons for the removal of organs can be subject to criminal sanction, typically relating to their violation of a law that prohibits the sale of organs or that otherwise restricts the categories of persons permitted to donate an organ for transplantation. Victims could, however, also be criminalized for other status-related offences, such as irregular migration, document forgery and fraud. Criminalization is the antithesis of a victim-centred approach and invariably results in trafficked persons being denied the rights to which they are entitled under international law, including to assistance and protection and the right of access to remedies. The Special Rapporteur has repeatedly endorsed the position that victims of trafficking should not be subject to criminalization for crimes that they have been compelled to commit (including through abuse of their position of vulnerability). In her view, this standard applies equally to victims of trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
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. 26
- Paragraph text
- The main international standard on employment agencies, ILO Convention No. 181 (1997) concerning Private Employment Agencies specifies that "private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers" (art. 7.1). If respected, this provision should stop workers being put into debt bondage by recruitment agents; however, the Convention has not yet been widely ratified. The Convention also requires States to "adopt all necessary and appropriate measures … to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies" (art. 8). The measures specified include penalties for private employment agencies which engage in fraudulent practices and abuses, including their prohibition.
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
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. 38
- Paragraph text
- Following its second meeting in 2010, the Chair of the Working Group on Trafficking in Persons of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime noted the range of measures for States parties to take: States parties should adopt and strengthen practices aimed at discouraging demand for exploitative services, including considering measures to regulate, register and license private recruitment agencies; raising the awareness of employers to ensure their supply chains are free of trafficking in persons; enforcing labour standards through labour inspections and other relevant means; enforcing labour regulations; increasing the protection of the rights of migrant workers; and/or adopting measures to discourage the use of the services of victims of trafficking.
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
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. 79
- Paragraph text
- A human rights-based approach to human trafficking must ensure legislation and policy does not infringe upon other human rights. A key issue here concerns the freedom of movement and the risks involved with measures to reduce demand. Such measures have the potential to provide States with a rationalization for the intensification of efforts to prevent immigration. Furthermore, a recent UNESCO report notes that anti-trafficking measures often disproportionately focus on combating irregular migration, rather than on the conditions to which victims are subjected, and lack assistance and protection services for victims. In many countries, assistance, protection and even temporary regularization of immigration status are dependent upon compliance with law enforcement authorities.
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
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. 85g
- 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 ensure that anti-trafficking measures do not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum seekers. States should actively monitor the impact and possible side effects of measures to discourage demand and take appropriate action to address any unintended side effects which restrict the exercise of human rights;
- 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
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 35
- Paragraph text
- In response to requests by States for greater clarity as to when international law mandates the right to remedy, section I of the principles (rights and obligations) clarifies the obligation of the State to provide a right to remedy, including restitution, compensation, rehabilitation and recovery, satisfaction and guarantees of non-repetition, when it commits an internationally wrongful act, meaning either that the harm is attributed to the State or it has failed to exercise due diligence. The basic principles also emphasize the importance of bilateral and multilateral cooperation between States, enabling them thereby to meet their obligations on the right to remedy, as well as of the principle of non-refoulement and access to asylum procedures as components of the right to an effective remedy. Section II (on access to the right to a remedy) defines other procedural elements of the right to remedy and, in response to the submissions received, further clarifies areas, such as the nature of assistance necessary for access to remedies, the scope of the reflection and recovery period and ensuring equal access to the right to remedy, including through gender-sensitive mechanisms. The principle of non-punishment of victims of trafficking in persons and the rights to safety, privacy and confidentiality have also been added as a result of the consultative process. Section III (on forms of the right to remedy) addresses the substantive elements of the right to remedy and now incorporates international law definitions of each of the forms of the right to remedy, further detail on operationalizing the remedies of restitution, compensation, rehabilitation and recovery and new paragraphs on the remedies of satisfaction and guarantees of non-repetition. Section IV (on the right to remedy for child victims of trafficking) clarifies the additional elements necessary to ensure a human rights-based approach for trafficked children, including the scope of the requirement to give due weight to a child's views.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 39
- Paragraph text
- The mandate holders have ascertained that the failure to protect the rights of workers, and in particular migrant workers, is a major contribution to exploitation related to trafficking. By way of prevention, the Special Rapporteur has repeatedly called on States to strengthen enforcement of labour laws and build the capacities of labour inspectorates to supervise workplaces, including common sites of exploitation for trafficked persons such as brothels, private homes, farms and small factories, and take steps to regulate the recruitment agencies, which along with the legitimate businesses that use their services, are profiting handsomely from the exploitation of migrant workers.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 50
- Paragraph text
- Strengthening the accountability of non-State actors and the involvement of civil society in combating and preventing trafficking in persons, including lessening the tensions between civil society groups working on trafficking and Governments, is another challenge. Furthermore, while the Special Rapporteur recognizes the power of the media in raising community awareness of trafficking in all its forms and informing vulnerable groups about certain risks, she notes repeated examples of media sensationalism, manifested for example through a prurient and overly narrow focus on sexual exploitation. Failure to protect the privacy of victims adequately; the stigmatization of victims; and fostering confusion between trafficking and other phenomena, such as irregular migration and migrant smuggling, represent further difficulties.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
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;
- 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
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 29
- Paragraph text
- Country visits and reports. Country visits help to ground the mandate holders' understanding of the problem of trafficking in national realities and forging relationships with those on the front line, while also providing involved States and their partners with an opportunity to access information, expertise and insight. Respondents to the questionnaire, including several States, noted that official missions had influenced shifts in policy and practice around trafficking, for example leading to changes in migration policies, amendments to the national trafficking law and improved cooperation with civil society organizations. Several international organizations noted that the official missions had provided valuable opportunities for stakeholders to convey their views and insights to the higher levels of Government and that the reports were an excellent source of useful, high-quality information.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 32
- Paragraph text
- Action on communications and urgent appeals. The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations, with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedures, the Special Rapporteur communicates the case to the Government concerned, requesting clarification and action, either through an allegation letter or through an urgent appeal where the alleged violation is time-sensitive and/or of a very grave nature. Since the mandate was established a total of 99 communications have been sent and a total of 54 responses received.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 46
- Paragraph text
- No prosecution or punishment. The acceptance that victims of trafficking should not be punished - or indeed prosecuted - for offences that have been committed in the course of their trafficking, such as immigration and work offences has grown. The Special Rapporteur has regularly upheld the importance of this principle and endorses the now widespread position that States should not prosecute or punish victims "for unlawful acts committed by them as a direct consequence of their situation as trafficked persons or where they were compelled to commit such unlawful acts" (CTOC/COP/WG.4/2009/2, para. 12(b)). A number of States, international organizations and civil society groups responding to the questionnaire pointed to the work of the Special Rapporteur on this issue as a major achievement, helping to establish non-prosecution and non-punishment as an accepted 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph