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Trafficking in persons in conflict and post-conflict situations 2016, para. 50
- Paragraph text
- Prohibition on trafficking and migration-related exploitation. International law requires States to criminalize and penalize a range of conduct related to trafficking. The obligation to criminalize trafficking when committed intentionally is set out in article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Most States (168, as at October 2015) are party to the Protocol and thereby bound by this obligation. Many States are also bound by one or more of the regional trafficking treaties, such as the Council of Europe Convention and the European Union Directive cited above, which impose identical obligations.
- 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
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- Given the complexities surrounding trafficking in conflict and post-conflict situations, which can be considered from a number of different perspectives, the range of sources of relevant law is very wide. In the human rights area, for example, treaties dealing with slavery and the slave trade, forced labour, child labour, the rights of women, the rights of children, migrant workers and persons with disabilities, as well as more general treaties dealing with civil and political rights or economic, social and cultural rights, are applicable to trafficking in all situations, including situations of armed conflict. Major crime control treaties, such as the United Nations Convention on Transnational Organized Crime and the United Nations Convention against Corruption are also relevant to trafficking in all situations, as are the specialist treaties dealing with the issue of trafficking, most particularly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and, at the European level, the Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report, and the European Union Directive on preventing and combating trafficking in human beings and protecting its victims.
- 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
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 13
- Paragraph text
- The preparation of the report also benefited from the continued collaboration between the Special Rapporteur and other institutions on this topic, including Caritas International, the International Centre for Migration Policy Development, the International Organization for Migration (IOM), the Migrants in Countries of Crisis Initiative, the United Nations Organization on Drugs and Crime (UNODC) and the United Nations University, all of whom have worked to pave the way on this issue. Since the identification of the linkage between human trafficking and conflict as a focus of concern under her mandate in her report to the twenty-ninth session of the Human Rights Council (A/HRC/29/38), this issue has garnered increased interest, as evidenced by: (a) the statement by the President of the Security Council on 16 December 2015 (S/PRST/2015/25) requesting, inter alia, that the Secretary-General report back to the Council on progress made to improve the implementation of existing mechanisms countering trafficking in persons; (b) the interactive dialogue held by the Special Rapporteur with Member States during the thirty-second session of the Human Rights Council in June 2016; and the adoption by the Human Rights Council of resolution 32/3 on trafficking in persons, especially women and children: protecting victims of trafficking and people at risk of trafficking, especially women and children in conflict and 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
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 17
- Paragraph text
- Recovery includes medical and psychological care, as well as legal and social services. As trafficking often causes severe physical and psychological consequences for the victims, recovery is a crucial form of remedy. In the Human Rights Council report, the Special Rapporteur noted with concern that in some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked, and that access to recovery services is made conditional on the capacity or willingness of trafficked persons to cooperate with law enforcement authorities. Further, she expressed concern about the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation.
- 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
- Men
- Women
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 36
- Paragraph text
- The most significant international treaty on the subject, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, includes removal of organs as a form of exploitation associated with trafficking. Other features of the definition that link transplantation-associated exploitation are the acknowledgement of consent as being irrelevant when any of the stipulated means are used to secure recruitment, transfer, etc., and the list of means itself, which includes fraud, coercion and abuse of a position of authority.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
The issue of human trafficking in supply chains 2012, para. 49a
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and other relevant international instruments prohibiting trafficking in persons and, on that basis, adopt comprehensive laws to effectively prosecute and punish perpetrators of trafficking and trafficking-related crimes, or amend existing anti-trafficking legislation to ensure that it meets international standards;
- 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
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 15
- Paragraph text
- Regional instruments also provide for State obligations to prevent and combat trafficking in persons. Perhaps the most comprehensive regional instrument is the Council of Europe Convention on Action against Trafficking in Human Beings, under which States parties are required not only to adopt legislative or other measures to criminalize trafficking in persons but also to ensure that a legal person can be held liable for trafficking and other related acts (art. 22). Also relevant to the issue of trafficking in supply chains is article 19, under which States parties are required to consider adopting such legislative or other measures to criminalize the use of services which are the object of exploitation, with the knowledge that the person is a victim of trafficking in human beings. In the Arab region, the Arab Charter on Human Rights prohibits all forms of trafficking in human beings (art. 10). In other regions, while there is a tendency to prohibit only some forms of trafficking in persons, it is nevertheless relevant to note that the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, in its article 4 (2) (g), and the African Charter on the Rights and Welfare of the Child, in its article 29, require States parties to take appropriate measures to prevent trafficking in women and in children, respectively. In the Americas, the American Convention on Human Rights prohibits trafficking in women (art. 6 (1)).
- 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
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 14
- Paragraph text
- In addition, under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in 2000, States parties are required to adopt such legislative and other measures as may be necessary to establish trafficking in persons as a criminal offence (art. 5). In addition, States parties are to establish comprehensive policies, programmes and other measures to prevent and combat trafficking in persons (art. 9 (1) (a)). This obligation to criminalize the conduct of trafficking entails a broad range of other related obligations, such as that to effectively investigate, prosecute and adjudicate trafficking and to punish individuals and legal persons found guilty of trafficking by imposing effective and proportionate sanctions, as set out in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1, principles 13 and 15).
- 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
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 13
- Paragraph text
- The obligations of States to prevent and combat human trafficking are clearly spelled out in international human rights instruments. The Convention on the Elimination of All Forms of Discrimination against Women requires States parties to take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women (art. 6), while the Convention on the Rights of the Child similarly obliges States parties to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (art. 35). It is also of relevance that the International Covenant on Civil and Political Rights prohibits slavery and forced or compulsory labour (art. 8). Other relevant international instruments include those under the auspices of the International Labour Organization (ILO): the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182), under which States parties are called upon to take effective measures to prohibit the worst forms of child labour, including child trafficking, and the Convention concerning Forced or Compulsory Labour (Convention No. 29) and the Convention concerning the Abolition of Forced Labour (Convention No. 105), under which States parties are required to take measures to abolish forced or compulsory labour.
- 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
- Children
- Women
- Year
- 2012
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 79e
- 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 forms, including discussions on the review mechanism for the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 79d
- 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, 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 domestic legislation;
- 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
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.
- 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 first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 75
- Paragraph text
- States parties to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, could also be encouraged to take up the challenge of implementation more creatively, for example by opening up the deliberations of the Working Group on the Universal Periodic Review to some input from civil society and providing it with more substantive oversight responsibilities. Trafficking remains a difficult issue for all States and increased support aimed at helping them to meet their international obligations should be welcomed.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 63
- Paragraph text
- It is one thing to assert the human rights of victims of trafficking and another to specify, with a sufficient level of detail, what those rights actually are and what obligations they impose on States. That process is essential, because it is only through such certainty that it becomes possible to assess the extent to which a particular situation, initiative or response is in conformity with international human rights law. The task is made somewhat more difficult by the fact that the central international instrument relevant to trafficking, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, is not clear on the issue of the rights of victims. There are general references to human rights in the Protocol and it includes a number of obligations that may be understood as intended to protect victims. However, on its own, it makes little headway in establishing the precise nature of the entitlements of victims and how these should be met. It is also relevant to note that, when the mandate was first instituted, the international human rights system itself had not contributed substantially to clarifying the substantive content of relevant rights and obligations. While there was regular condemnation of the human rights violations associated with trafficking, the practice was rarely linked to the violation of a specific right in a specific treaty.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 62
- Paragraph text
- The past decade has been one of great development and change. With the benefit of an agreed definition of trafficking in persons, new international, regional and national laws, clearer policies and heightened political commitment, the mandate has been able to make a critical contribution at a unique moment in time. It has actively embraced and advocated for the definition of trafficking that is now enshrined in international law through the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and other instruments and is reflected in the law of many States. This approach has been instrumental in helping to expand the focus of international and national anti-trafficking efforts beyond the previous focus on trafficking for the exploitation of prostitution and contributing to greater conceptual clarity around the parameters of the definition of trafficking. In their responses to the questionnaire, a number of States and organizations highlighted the substantial contribution of the mandate to expanding the discourse around trafficking. This expansion was noted in relation to: (a) identification and exploration of different forms of exploitation related to trafficking and (b) consideration of different avenues and actors that could or should play a role in preventing or responding to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 35
- Paragraph text
- As noted above, international understanding of the nature and scope of trafficking has expanded significantly in the past several decades. It is now widely accepted that women, men and children are trafficked and that the forms of trafficking are as varied as the potential for profit or other personal gain. This development is highly significant from the perspective of international law because it brings within the relevant legal framework a wide range of exploitative conduct, much of which has been poorly or selectively regulated at both national and international levels.
- 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 first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 24
- Paragraph text
- Communication and engagement with stakeholders. Trafficking in persons is a critical issue for every country, affecting many different groups and cutting across multiple areas of legal and illegal activity. The range of current and potential stakeholders is accordingly very wide. The first mandate holder recognized this aspect of her work from the outset (E/CN.4/2005/71, paras. 41-47) and made consistent efforts to extend her engagement beyond Governments and international agencies to include the full range of civil society organizations working on the issue, as well as those engaged in related areas, such as the rights of migrants and violence against women. Her participatory and collaborative approach was continued and extended by the current mandate holder, who declared an intention to "reach out, listen, learn and share good practice around the world" (A/HRC/10/16, para 62). She has put this commitment into practice through regular, broad-based regional consultations aimed at securing expert input into her work while improving the understanding of the mandate amongst interlocutors.
- 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
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 20
- Paragraph text
- Since the inception of the mandate, both mandate holders have upheld the international legal definition of trafficking, affirming its central role in establishing the parameters of trafficking and enabling responses to be developed with consistency and clarity. That definition is now well entrenched in international, regional and national normative frameworks developed since the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The majority of States (reported in 2012 by UNODC to be 134 ) have criminalized trafficking in their national laws, generally conforming to the definition in the Protocol.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 19
- Paragraph text
- Trafficking in persons was defined internationally for the first time in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, as constituting three elements: (a) an "action", being recruitment, transportation, transfer, harbouring or receipt of persons; (b) a "means" by which that action is achieved, for example threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability and the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and (c) a "purpose" of the intended action or means, namely exploitation. Thus, consent of the victim to the intended exploitation is irrelevant when any of the listed means have been used. All three elements must be present to constitute "trafficking in persons" in international law. The only exception is that when the victim is a child, the "means" element is not part of the definition.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 16
- Paragraph text
- In its decision 2004/110, the Commission on Human Rights appointed a Special Rapporteur "whose mandate will focus on the human rights aspects of the victims of trafficking in persons, especially women and children". In the same decision, the Commission invited the Special Rapporteur to submit annual reports, including recommendations on measures required to uphold and protect the human rights of victims. The Special Rapporteur was further requested to respond effectively to reliable information on possible human rights violations, with a view to protecting the human rights of actual or potential victims of trafficking and to cooperate with relevant United Nations bodies, regional organizations and victims and their representatives. The establishment of the position of Special Rapporteur, with an explicit mandate to address the human rights aspects of trafficking, proved to be a critical circuit-breaker, affirming on behalf of the international community two key principles: first, that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking; and second, that anti-trafficking measures should not adversely affect the human rights and dignity of all persons concerned.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 14
- Paragraph text
- The mandate has received valuable support from a wide range of stakeholders and partners, including States, United Nations agencies and international organizations, academic institutions and non-governmental organizations (NGOs). The Special Rapporteur is grateful to all of them for their important contributions in the form of expertise, research and other types of support. She appreciates the efforts of States to reply to the questionnaires sent to them and their cooperation prior to, during and after country visits throughout the 10 years of the mandate. A number of independent experts have developed background papers and other materials in the context of the thematic studies of the Special Rapporteur. In 2011, a human trafficking research panel was established at Oxford and Cambridge Universities to support the work of the mandate by providing assistance on background research; it has made a substantial contribution to the work of the Special Rapporteur. Others who have provided substantive support include the international human rights clinic at Duke University School of Law and the African Women's Development Fund. The Special Rapporteur expresses her thanks to those mentioned and the many others who have provided the mandate with invaluable and much appreciated assistance over the past decade.
- 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.
- Women
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 12
- Paragraph text
- The present review of the mandate seeks to examine and reflect on the first decade of work of the Special Rapporteur on Trafficking in persons, especially women and children, with particular attention paid to the principle that have informed the mandate since its inception, namely that the human rights of trafficked persons are at the centre of anti-trafficking efforts and that measures taken against trafficking should not adversely affect the human rights and dignity of all persons. The review is not exhaustive. Rather, it draws on documentation produced by the Special Rapporteur to identify key achievements and ongoing challenges within the context of global anti-trafficking efforts. In addition to providing a record of the work of the mandate, the Special Rapporteur seeks to draw lessons and insights for the future work of the mandate and the anti-trafficking sector as a whole.
- 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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 11
- Paragraph text
- The issue of trafficking in persons arrived on the international agenda in the mid-1990s with the commencement of work on a new treaty on trafficking, with a particular focus on organized criminal aspects, which would address the gaps in the understanding of trafficking in persons. In December 2000, the General Assembly adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the first international agreement on trafficking in persons since the adoption by the General Assembly in 1949 of the narrowly focused Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. The adoption of the Protocol signalled a fundamental shift in the international approach to the exploitation of individuals for private profit. In the years that followed, other treaties on the subject were developed, along with a substantial body of soft law, including the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). International and regional bodies, along with civil society groups, became involved in researching the issue of trafficking and supporting anti-trafficking efforts, and States began to introduce new laws and policies aimed at criminalizing trafficking, protecting victims and preventing future trafficking. One State launched a unilateral monitoring mechanism that began reporting on, and evaluating the response of other States to, the issue 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
- Children
- Women
- Year
- 2014
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 96
- Paragraph text
- Companies should establish a remediation plan in cooperation with the supplier and local and national authorities when a case of trafficking in persons is detected, in order to ensure that workers have effective access to remedies, including compensation, and to appropriate assistance. Any measure adopted should have a human rights-centred approach and be based on the rights of the trafficked person, whose participation in the determination of a solution for their case should be ensured throughout the process. Companies should ensure that, with regard to access to the grievance mechanism and the remediation plan, they consider the specific barriers faced by, and the vulnerabilities of, migrant workers, contract workers, young people and women.
- 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
- Women
- Youth
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 78
- Paragraph text
- Multi-stakeholder initiatives should ensure that assurance providers and auditors have demonstrated knowledge and experience in assessing compliance with labour-related standards and in interviewing workers on an ongoing basis. When risk indicators are identified, the initiatives should consider requiring the collaboration of assurance providers and auditors with civil society organizations that are specialized in victim identification and that provide specialized services for trafficked persons. Multi-stakeholder initiatives should ensure that specialized services address gender concerns and that services are offered to both men and women. They should also consider including forced labour and human trafficking experts in oversight bodies.
- 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
- Men
- Women
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 74
- Paragraph text
- The assurance programme must not only be based on third-party audit mechanisms but also use monitoring schemes that include workers and trade unions as an alternative source of information to allow an ongoing assessment of compliance with the labour-related standards. If necessary, multi-stakeholder initiatives should develop specific guidance to ensure that potentially vulnerable workers, such as migrants, young people and women, are not excluded from monitoring mechanisms.
- 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
- Persons on the move
- Women
- Youth
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 14
- Paragraph text
- Regarding the obligation of States to eliminate trafficking in persons under 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 such legislative and other measures as may be necessary to establish trafficking in persons as a criminal offence (art. 5). Under the Protocol, States parties also are required to establish comprehensive policies, programmes and other measures to prevent and combat trafficking in persons (art. 9 (1) (a)). Under the Recommended Principles and Guidelines on Human Rights and Human Trafficking, States are requested to effectively investigate, prosecute and adjudicate trafficking, as well as to punish individuals and legal persons found guilty of trafficking by imposing effective and proportionate sanctions (principles 13 and 15).
- 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
- 2017
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.
- 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
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;
- 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
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58a
- 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 undertaking studies in relation to emerging areas of concern, such as illicit recruitment practices, trafficking in men for forced and exploitative labour, trafficking for forced begging and criminal activities, trafficking for forced or servile marriage and return and the risk of retrafficking. They should also consider giving further attention to trafficking in persons for the removal of organs in continuation of the initial work undertaken by the Special Rapporteur;
- 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
- Men
- Women
- Year
- 2014
Paragraph