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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- 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
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 96
- Paragraph text
- Training is an important component of anti-trafficking strategies, and the development of specialized anti-trafficking units may assist States to strengthen capacity to investigate and prosecute trafficking. Such units must be bound by clear mandates to address anti-trafficking matters, and be adequately equipped and funded.
- 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
- N.A.
- Year
- 2012
Paragraph
Due diligence and trafficking in persons 2015, para. 46
- Paragraph text
- Both the territorial State and any other States exercising jurisdiction are responsible for meeting due diligence obligations. States' extraterritorial due diligence obligations are particularly important in the context of cases of transnational trafficking. States' obligations of due diligence continue in crisis contexts and under certain circumstances, non-State actors (e.g., armed groups) may also have such obligations.
- 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
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 53
- Paragraph text
- In addition to the obligations of due diligence of individual States when they participate in inter-State institutions such as the international financial institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations.
- 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
- All
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 54
- Paragraph text
- Non-State actors, such as business enterprises, themselves have a role in the due diligence framework, including through a voluntary "human rights due diligence process" pursuant to the soft law "responsibility to respect" framework that applies for corporations or through international human rights obligations under certain circumstances.
- 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
- N.A.
- Year
- 2015
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85a
- 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 identify and analyse factors that generate demand for exploitative sexual services and exploitative labour and take strong legislative, policy and other measures to address these issues. Measures to discourage demand should be based on existing experience and accurate information about patterns of trafficking in persons occurring in their jurisdiction (concerning people trafficked into, through or out of their territory);
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- 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. 85b
- 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 have a responsibility to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise;
- 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
- N.A.
- 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. 85e
- 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:] Measures to discourage demand should conform with general principles associated with the rule of law, i.e., should not make it an offence to commit an act (including purchasing a particular service or produce) in circumstances in which the purchaser could not reasonably be expected to be aware that he or she was committing an offence, for example if a particular product or service is made or provided by someone who has been trafficked, unless there is evidence that the purchaser was negligent. This means that States should publicize any changes in the law that make it an offence to purchase certain types of services or products made or provided by people who have been trafficked, and provide unambiguous information to potential purchasers about such services or products;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- 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. 85f
- 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:] Measures to discourage demand which involve restricting the exercise of the human rights, including by individuals who are judged to be especially vulnerable to being trafficked, should conform with the principle of proportionality (i.e., they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected);
- 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
- N.A.
- Year
- 2013
Paragraph
Prevention of trafficking in persons 2010, para. 64
- Paragraph text
- The recommendations of the Special Rapporteur are set out below.
- 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
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 69
- Paragraph text
- States should build skills and institutionalize capacities, in particular those of law enforcement officers, including labour inspectors, so that they intervene appropriately to prevent trafficking in persons rather than dealing with the aftermath.
- 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 84
- Paragraph text
- Businesses are urged to sign to both the Global Compact and the Athens Ethical Principles, which underscore the importance of respect for human rights by businesses and their participation in fighting the menace of human trafficking in all its forms, especially in the production chain and the tourism industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. (g)
- Paragraph text
- The international community should explore ways to financially support regional mechanisms in their effort to provide assistance to countries in developing their human rights-based anti-trafficking strategies. National governments should for their part ensure adequate budgetary allocation for implementation of their national plans on anti-trafficking derived from regional mechanisms and cooperation initiatives.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 106
- Paragraph text
- Whenever possible, regional or subregional cooperation mechanisms should be established to promote a coordinated approach to combat human trafficking within a region where complementarities and synergies for joint work exist.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 107
- Paragraph text
- Regional mechanisms should develop standards that reflect a human rights-based approach to trafficking, based on relevant international instruments such as the Palermo Protocol and the OHCHR Guidelines. These standards should be developed in regional legal instruments, regional and national action plans, bilateral agreements, and further set out in practical guidelines, standard operating procedures or practitioners' handbooks. Furthermore, regional mechanisms should provide assistance to countries in operationalizing these standards at the national level through capacity-building activities, most importantly training and workshops. Finally, they should be active in monitoring and evaluation, collecting data on achievements and challenges, and sharing the results of their evaluation, including good practices, with countries in their region.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 109
- Paragraph text
- [With regard to the regional mechanisms' institutional frameworks, these should include:] A sustained high-level commitment from relevant ministries or establishments that focus on human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 110
- Paragraph text
- [With regard to the regional mechanisms' institutional frameworks, these should include:] A solid foundation to build from, such as a Convention, an MOU or a Declaration, followed by a comprehensive regional workplan.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 111
- Paragraph text
- [With regard to the regional mechanisms' institutional frameworks, these should include:] The establishment of a regional monitoring body to meet regularly to review the degree of implementation of normative instruments and workplans and provide recommendations to countries.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 112
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Assist in the development of NPAs.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 115
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Facilitate the establishment of a strong regional network of counter-trafficking practitioners that will favour cross-border cooperation in various areas, through the organization of regular regional training and workshops.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 116
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Assist in the development and strengthening of bilateral cooperation mechanisms between countries of the same region.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 117
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Assist in the creation of partnerships between Governments on one hand and international organizations and civil society organizations on the other. All partners should work on the basis of one workplan, where each has clearly assigned responsibilities.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 119
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Conduct regular regional training courses, assist in developing and improving curricula for national level training, collect and compile information on existing training programmes at the regional and national level, and conduct regular training needs assessments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 122
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Conduct studies and develop recommendations on how to address the challenges posed by the increasing use of communications technologies such as the Internet to channel demand and recruit victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 123
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Establish contacts and possibly a partnership with the tourism sector and develop a regional strategy in order to raise awareness within that sector on trafficking for sexual tourism.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 124
- Paragraph text
- [With regard to prevention, regional mechanisms should take the actions set out in the following paragraphs:]Provide technical and financial support to countries for raising public awareness at all levels regarding human trafficking. Regional mechanisms should themselves develop and implement public awareness campaigns, in partnership with international organizations, civil society and the media.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 125
- Paragraph text
- [With regard to prevention, regional mechanisms should take the actions set out in the following paragraphs:]Promote the inclusion of human trafficking information into school curricula at all levels of education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 127
- Paragraph text
- [With regard to prevention, regional mechanisms should take the actions set out in the following paragraphs:]Promote bilateral cooperation between countries and between regional organizations and countries aimed at adopting measures to reduce vulnerabilities in source areas.
- 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
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 131
- Paragraph text
- [The role of regional organizations is also to promote an effective prosecutorial and judicial response, with a victim-centred approach. To that effect, regional organizations should:] Promote the creation and strengthening of specialist anti-trafficking units in prosecution offices, and promote cross-border and internal cooperation between these units.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 132
- Paragraph text
- [The role of regional organizations is also to promote an effective prosecutorial and judicial response, with a victim-centred approach. To that effect, regional organizations should:] Provide specialized training to law enforcement officials (particularly police, prosecutors and judges).
- 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
- N.A.
- Year
- 2010
Paragraph