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Prevention of trafficking in persons 2010, para. 26
- Paragraph text
- Thus, a brief analysis of some of the root causes of trafficking shows that there is a wide range of intertwined factors at play. One single factor such as poverty, gender discrimination or lack of employment opportunities per se does not necessarily lead to trafficking; rather, it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked. Thus, measures aimed at addressing the root causes of trafficking should be based on the recognition that trafficking is caused by a lack of comprehensive protection of such human rights, as freedom from discrimination, the right to work, the right to an adequate standard of living and freedom of movement. As an example, the United Nations Children's Fund (UNICEF) advocates for a comprehensive child protection system rather than measures that focus narrowly on trafficking. In its "system-building" approach, UNICEF promotes shifts towards building and strengthening social welfare, changing social behaviour and improving the legal and justice system for child protection in a holistic manner, based on the principles enshrined in the Convention on the Rights of the Child. This approach can be offered to other groups at high risk of being trafficked, such as women or ethnic minorities, so that prevention measures are designed to protect the human rights of potential victims of trafficking in a comprehensive manner rather than focusing on alleviating one factor. Consistent with this approach, the Special Rapporteur welcomes the recent adoption by the General Assembly of the United Nations Global Plan of Action against Trafficking in Persons (resolution 64/293) in which Member States affirmed their commitment to adopt and implement comprehensive policies and programmes at the national level to prevent trafficking in persons in line with relevant policies and programmes on migration, education, employment, gender equality, empowerment of women and crime prevention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 52
- Paragraph text
- There are some promising practices of meaningful participation for the trafficked persons. For instance, an ILO awareness-raising programme in Brazil, which targeted young girls at high risk, was designed on the basis of real-life experiences of women who were trafficked and repatriated. There have been also examples of self-help groups formed by returnee trafficked persons that actively design, develop and implement income-generation projects. In the context of children affected by trafficking, the guidelines of the Association of Southeast Asian Nations for the protection of the rights of trafficked children in the region led to a consultation in the Philippines with trafficked children so that their views on which measures would be appropriate to include in the guidelines could be obtained.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2010
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69c
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 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
- Means of adoption
- N.A.
- 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. 18
- Paragraph text
- Forced displacement can increase the risk of trafficking by weakening or destroying family support structures, community bonds and self-protection mechanisms that might otherwise serve as a buffer against human trafficking. Because internally displaced persons often lack documentation and have limited access to education, resources and self-reliance opportunities, they may be particularly vulnerable to traffickers who appear to offer life-saving access to employment and other opportunities. Internally displaced persons who fear for their lives and wish to seek protection abroad can also fall prey to traffickers who claim to offer a route to safety. Traffickers specifically target impoverished communities, including the internally displaced, in order to exploit their vulnerability. Poor and displaced families may entrust the care of their children to traffickers who promise to provide them with education or skills training, but ultimately exploit them for the purposes of prostitution, forced labour or irregular adoption. Internally displaced women and girls are often disproportionately affected by the loss of livelihoods during displacement (see A/HRC/23/44, para. 46).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 19
- Paragraph text
- Conflict-related violence, such as sexual violence, can itself be a driver of forced internal displacement, which in turn increases vulnerability to further exploitation, including through trafficking. For instance, sexual violence by armed groups has forced ethnic minority women and girls in remote rural areas away from their communities and placed them at greater risk of trafficking within the country as well as overseas. Additionally, worsening security situations and overcrowded camps with inadequate basic services cause some internally displaced persons to risk crossing borders in an irregular manner in search of employment, putting themselves at high risk of exploitation because of their lack of legal status. Military attacks on camps further worsens displacement and causes undocumented internally displaced persons, including women and unaccompanied children, to flee their camps, exposing them to the risk of being exploited or trafficked.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 20
- Paragraph text
- For the millions of people who are forced to flee their country because of armed conflict, the journey of escape has become increasingly expensive and hazardous, with a tangible risk of trafficking-related exploitation. Sometimes these dangers relate to the available paths of escape. Throughout their journey and at their destination, migrants, including refugees and asylum seekers, are highly vulnerable to physical violence, sexual assault, extortion and trafficking, as well as detention by national authorities. The journey of female migrants and unaccompanied children travelling through the Horn of Africa is particularly hazardous. Thousands have disappeared, presumably abducted for purposes of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 61
- Paragraph text
- Second, in order to ensure that preventive measures achieve the desired effect while enhancing the human rights of trafficked persons, such measures should be systematically monitored and evaluated on a regular basis. Some international organizations such as the International Organization for Migration (IOM) and ILO have developed logical frameworks with specific performance indicators that measure progress towards goals in anti-trafficking programmes. However, there is a general lack of systematic monitoring and assessment of the impact and effectiveness of prevention measures, and many assessments commonly report only the project outputs, such as the number of people who have been exposed to awareness-raising activities or given livelihood opportunities. While such reporting may indicate progress towards project goals to some extent, it does not necessarily shed light on the qualitative impact in terms of reducing the incidence of trafficking in persons. Proper impact assessments require measuring the situation before and after the implementation of the preventive measures concerned and identifying how they affected the behavioural change in the communities concerned. In this process, it is also essential to take into account the views of the intended beneficiaries. ILO has developed a participatory monitoring system for its Project to Combat Trafficking in Children and Women in the Greater Mekong Subregion that involves relevant key stakeholders - government officials, project partners and families whose children are at risk of trafficking - in assessing the impact of its activities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 26
- Paragraph text
- Finally, the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, a consultative mechanism launched in 2002 by the Ministers of over 50 countries in the Asia-Pacific region and beyond, works on practical anti-trafficking and anti-smuggling measures in the region, through the following key approaches: promotion of cross-agency responses; developing model legislation to address human trafficking; training of law enforcement officers on the provision of protection and assistance to victims of trafficking, particularly women and children; enhancing operational techniques relating to child sex tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
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. 14
- Paragraph text
- In the context of demand that fosters exploitation of persons and leads to trafficking in persons, one can differentiate direct and derived demands. Direct demand is for a service which is specifically provided by a person who has been subjected to one of the forms of exploitation listed in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol). Demand is also direct when it is for goods produced by a person who has been trafficked and subjected to one of these forms of exploitation. Examples of direct demand are: for domestic workers or care workers who have no alternative but to obey. Such demand is routinely for either migrants or children, in conditions where the workers concerned are unable (or unauthorized) to leave their employer - conditions which are sometimes due directly to legislation in force in the State concerned and sometimes a lack of protection measures, particularly child protection measures - for particular commercial sexual services which are not available from someone who has not been trafficked. "Derived demand" is not directly for the services of a trafficked or exploited person or for a commodity which they have helped produce, but for something else, usually for products or services that are particularly cheap. However, in some circumstances it is apparent that the service or commodity in question is highly unlikely to be available unless provided by trafficked persons. Examples of derived demand are: employer demand for cheap and docile workers; demand from businesses or institutions for the products or services of others (i.e., with what is called a "supply chain"), sometimes in other countries; consumer demand for cheap goods or particular services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 25
- Paragraph text
- Individuals and communities caught up in conflict are vulnerable to a range of human rights violations. Pre-existing conditions and vulnerabilities, such as structural gender-based and other forms of discrimination affecting women, children and non-citizens, are exacerbated during conflict as opportunities for exploitation increase and protections break down. Factors such as the sponsorship system (kafala), which is intended to regulate the employer and employee relations in some countries, give employers excessive power and control over migrant workers, increasing their risk of being trafficked. For instance the rescue of trafficked Kenyan female domestic workers in Libya during the conflict in that country posed challenges because their employers, who were responsible for authorizing the workers' exit permits, had fled the country with the their travel documents. Similarly, during the armed conflict in Lebanon in 2006, some of the 300,000 domestic workers from Sri Lanka, Ethiopia and the Philippines who were left behind when their employers were evacuated became vulnerable to traffickers who offered alternative options to livelihood and resident status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 54
- Paragraph text
- Given the interlinkages between the mandates of the Special Rapporteur on trafficking in persons, especially women and children, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, enhanced collaboration could be sought through regular consultations and joint thematic studies to discuss conceptual issues, such as the adoption of children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur; they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including women, refugees and unaccompanied children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- 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. 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 41
- Paragraph text
- In this region, the 1994 Inter-American Convention on International Traffic in Minors and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) contributed to the anti-trafficking legal framework. Other instruments, such as the 2005 Montevideo Declaration against Trafficking in Persons in MERCOSUR (Common Market of the South) and Associated States, the 2008 Recommendations of the First International Congress of MERCOSUR and Associated States on Trafficking in Persons and Child Pornography, the Work Plan against Trafficking in Persons in the Western Hemisphere (2010-2012, later extended for two years, and 2015-2018), the Inter-American Declaration against Trafficking in Persons ("Declaration of Brasilia", 2014) and the Brazil Declaration on a Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean (Cartagena+30, 2014), further consolidated regional efforts to eradicate human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 79a
- 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 (i) illicit recruitment practices, (ii) trafficking in men for forced and exploitative labour, (iii) trafficking for forced begging and criminal activities, (iv) trafficking for forced or servile marriage and (v) return and the risk of retrafficking. They should 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
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 46
- Paragraph text
- The African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa provide the legal framework for combating trafficking in persons. Additionally, the Migration Policy Framework for Africa (2006) provides the overarching policy of the African Union on migration issues, including human trafficking. The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006) provides specific recommendations to be implemented by regional economic communities and member States on prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking. Furthermore, the African Union Horn of Africa Initiative on Human Trafficking and Smuggling (Khartoum Declaration, 2014) focuses on, inter alia, areas such as addressing the social, economic, environmental, cultural, security and political factors that make people vulnerable to human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 18
- Paragraph text
- Criminal networks specifically target impoverished communities, including the internally displaced, in order to exploit their vulnerabilities. Poor and displaced families may entrust the care of their children to traffickers who promise to provide them with education or skills training, but ultimately exploit them for the purposes of prostitution, forced labour and domestic servitude, or irregular adoption. Internally displaced women and girls are often disproportionately affected by loss of livelihoods during displacement (A/HRC/23/44, para. 46). In Jordan for example, Syrian refugees and asylum seekers, including children as young as 3 years old, are lured to work illegally for low wages to sustain families, which puts them at risk of trafficking (A/HRC/32/41/Add.1, para. 11).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 64c
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Youth
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 40
- Paragraph text
- However, there are overwhelming concerns that States construct and operationalize the concept of safe migration within the framework of the protection of national sovereignty and border security. As a result, it has been observed that measures to ostensibly promote safe migration and prevent trafficking tend to discourage migration altogether in violation of the right to freedom of movement. For instance, a number of States reportedly prohibit certain citizens from migrating, judging them to be potential victims of trafficking based on their sex, age, status or destination countries. For example, India prohibits any female household worker below the age of 30 from obtaining employment in Saudi Arabia. In this process, women are often disproportionately scrutinized, owing to the perception of their vulnerability and hence the need for State intervention to "protect" them from harm. Thus, some States prohibit women under the age of 25 from migrating without the permission of a guardian, or prohibit women from obtaining travel permits, restricting their freedom to travel in search of a livelihood or educational opportunities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 9
- 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, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), as consisting of 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. 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
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. 37
- Paragraph text
- The Working Group on Trafficking in Persons of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime has reviewed some of the measures which States have taken to discourage demand. Details about the measures implemented by 33 States were reported to the sixth session of the Conference of the Parties to the Convention (15-19 October 2012). In addition to mentioning general measures to combat trafficking in persons, several States provided information on their labour laws and codes, which they felt reduced trafficking in persons for forced labour. Some pointed out that they had adopted specific legislation regulating working conditions, especially for foreign workers. Some made reference to specific legislation to address the issue of demand by establishing the responsibility of employers for the management of their supply chains. A few States reported that they had addressed the issue of demand by adopting legislation prohibiting the advertisement of sexual services and criminalizing the purchase of sexual services. Those States commented that such legislation was aimed at eliminating the main pull factors in trafficking persons for sexual exploitation. Some States reported establishing monitoring mechanisms with a specific focus on: the conditions of employment of women, youth and foreign workers hired on a temporary basis; assessing the authenticity of job offers, especially job offers for foreign workers, whether temporary or not; and ensuring the mandatory compliance of employers with the established rules and regulations of employment.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Women
- Youth
- Year
- 2013
Paragraph