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Prevention of trafficking in persons 2010, para. 17
- Paragraph text
- In examining what the "prevention" of trafficking in persons entails, it is useful to revisit the legal framework and standards on combating such trafficking. One of the fundamental objectives 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) is to prevent and combat trafficking in persons, paying particular attention to women and children. To that end, States parties are obliged to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. Article 9 of the Palermo Protocol further provides that States parties shall adopt or strengthen various measures to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity and to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 43
- Paragraph text
- The provision of adequate information about migrants' rights, as well as practical advice on how to avoid risks during the migratory process and in destination countries, is also an integral aspect of promoting safe migration. While some Governments conduct pre-departure training programmes for prospective migrants, reports indicate that they often fall short of equipping prospective migrants with relevant knowledge about their rights or where to seek assistance when they encounter problems in destination countries. In this respect, some initiatives by non-governmental organizations provide useful lessons. A project aimed at promoting safe migration, implemented by an international non governmental organization in the Xishuangbanna Prefecture in China, is a good example of how a safe migration channel for children and young people has been created among the places of origin, transit and destination. In this project, the organization raises awareness of potential migrants in the place of origin (Manxixia) and nearby villages on the risks associated with migration and trafficking. The recruiters are registered and linked to the young people who are eligible for and interested in work. In the place of destination, the organization works with the community government of Liming and the youth league of Xishuangbanna Prefecture to raise migrants' awareness of the risks associated with migration, such as labour exploitation and trafficking. The community government also helps to mediate any labour disputes between migrants and their employers. In this manner, migrant children and youths are provided with a comprehensive pre- and post migration support and protection system.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 53
- Paragraph text
- Notwithstanding these promising practices, it has been observed that ensuring the effective participation of trafficked persons in policymaking processes is often difficult in reality, as officials and policymakers are still unfamiliar with the idea of reflecting trafficked persons' views in Government policies. The Mekong Children's Forum on Human Trafficking and the Mekong Youth Forum illustrate this point. Both involved a series of national forums in countries in the greater Mekong subregion, followed by subregional forums where representatives of each country came together and submitted recommendations to the policymakers of the Coordinated Mekong Ministerial Initiative against Trafficking. At senior officials' meetings in 2007 and 2008, the member Governments expressed and reiterated their commitment to listen to the voices of the children and young people and include their suggestions for addressing human trafficking. While both Forums increased the visibility of children in policymaking processes and sensitized Government officials to the importance of children's participation, it is still unclear how their recommendations are translated into national or subregional policies on combating 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
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 17
- Paragraph text
- African States have started taking coordinated action both at the regional and subregional levels. At the level of the AU, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, was adopted by Ministers of Foreign Affairs, Migration and Development from Africa and the EU in November 2006, at the Africa-EU Ministerial Conference on Migration and Development, held in Tripoli in the framework of the Africa-EU Strategic Partnership. The Action Plan provides specific recommendations to be implemented by Regional Economic Communities (RECs) and member States based on a three-pronged strategy: prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 23
- Paragraph text
- A number of initiatives have been launched to combat human trafficking in the Asia-Pacific region. ASEAN has adopted the "ASEAN Declaration against Trafficking in Persons, Especially Women and Children" (2004), followed by the adoption of a Work Plan to implement the Declaration. The main objectives of the Work Plan are to facilitate the exchange of information and experience on trafficking, strengthen regional and international cooperation to prevent and combat trafficking, and facilitate donor coordination. The Working Group on Trafficking in Persons, established under the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC), is in charge of monitoring the implementation of the Work Plan. ASEAN launched its first programme, Asian Regional Cooperation to Prevent People Trafficking (ARCPPT) (2003-2006), which was implemented by the Australian Government. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended to 2011 as the Asia Regional Trafficking in Persons Project (ARTIP).
- 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
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 57
- Paragraph text
- For example, in 2009 the SAARC Regional Task Force developed a Standard Operating Procedure to implement various provisions of the SAARC Convention on Preventing and Combating Trafficking in Women and Children. Other organizations have developed guidelines on specific topics of concern. For example, ASEAN has developed the Practitioner Guidelines on Criminal Justice Responses to Trafficking in Persons (2007) to provide guidance to criminal justice practitioners on investigation and prosecution of trafficking cases as well as on regional cooperation in this regard. Also, the 2009 ASEAN Handbook on International Cooperation on Trafficking in Persons provides criminal justice officials with an introduction to the key tools of international cooperation, specifically mutual legal assistance and extradition in relation to trafficking cases.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 76
- Paragraph text
- Also, in April 2009, ECOWAS Ministers adopted a Regional Policy for Protection and Assistance to Victims of Trafficking in Persons in West Africa, which aims at establishing a supportive environment in the subregion where victims of trafficking have equitable access to protection and assistance. SAARC recommended the establishment of regional uniform toll-free numbers for information on the issues relating to trafficking in women and for violence against children in member States. Within the framework of the Bali Process a number of workshops have been organized on the provision of support to victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 78
- Paragraph text
- The Ouagadougou Action Plan contains specific measures on rehabilitation aimed at establishing a minimum standard for the rehabilitation of victims in the region. It calls upon States to establish rehabilitation centres to assist victims of human trafficking, to ensure their safety and facilitate their recovery and social reintegration, and to exchange documentation on lessons learned regarding recovery, repatriation and reintegration. Importantly, it also calls upon States to develop programmes for the rehabilitation and social reintegration of children trafficked in order to become child soldiers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 82
- Paragraph text
- The Ouagadougou Action Plan underlines some major issues with regard to the participation of victims in judicial proceedings. In particular, while encouraging victims of trafficking to testify in the investigation and prosecution, States are urged to give due consideration to the safety and security of victims and witnesses at all stages of legal proceedings, in particular with regard to children. It also calls upon States to adopt specific measures to avoid criminalization of victims of trafficking, as well as the stigmatization and the risk of re-victimization. Finally, it invites States to consider legislation to provide for administrative, civil or criminal liability of legal persons or their representatives for trafficking offences in addition to the liability of natural 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 93
- Paragraph text
- Similarly, the SAARC Convention calls upon its States parties to promote awareness, inter alia, through the use of the media, of the problem of trafficking in women and children and its underlying causes, including the projection of negative images of women. Also active on gender mainstreaming in relation to trafficking, COMMIT in the Mekong region has taken the stance of involving both women and men in decision-making concerning counter-trafficking policies. On that basis, UNIAP works to ensure that every level of its work, from high-level forums with senior officials to community-based initiatives, includes both women and men, and that women are represented in positions of leadership and responsibility. The OAS secretariat promotes the inclusion of a gender perspective in all aspects of its work, and encourages OAS member States to send an equal number of male and female participants to all training provided or supported by OAS.
- 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
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- In addition, the Special Rapporteur stressed in the Human Rights Council report that in the case of trafficked children, special considerations apply in developing and implementing responses aimed at the realization of the right to an effective remedy. At a minimum, the realization of the right to an effective remedy for trafficked children should be guided by the general principles of the Convention on the Rights of the Child. The principle of particular importance is that the best interests of the child shall be a primary consideration in all actions concerning children. Thus, the best interests of the child need to be carefully considered before deciding the course of action and the type of remedy to be sought. For instance, the child's participation in criminal proceedings may not be in his or her best interest in some cases where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Further, this formula based on the best interests of the child suggests that compensation may not always be a suitable form of remedy for trafficked children. In some cases, it may be more appropriate to seek reparative measures geared towards building a comprehensive child protection system that guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 24
- Paragraph text
- Pursuant to the Convention on the Rights of the Child, States are also required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. To this end, the child should be given effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. Further, the need to ensure active participation of children implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- In this chapter, the Special Rapporteur sets out the legal framework of the right to an effective remedy for trafficked persons under international law and discusses when and how the obligation of States to provide remedies arises. She then analyses essential components of this right in the context of trafficked persons and discusses fundamental principles to be taken into account in the case of trafficked children. In chapter IV of the report, the Special Rapporteur offers conclusions and recommendations for States' consideration. Annex I of the report contains the draft basic principles on the right to an effective remedy for trafficked 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Measures of restitution warrant a cautious approach in the context of trafficking in persons, as simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked. From this perspective, restitution implies States' obligations to undertake broader measures to address root causes of trafficking and to provide necessary reintegration support to trafficked persons, so as to address any risk of re-trafficking. The repatriation in 2005 of about 1,000 Pakistani children who were trafficked to the United Arab Emirates as camel jockeys, provides an illustration. In this case, the factors which caused the children to be trafficked in the first place, such as poverty, the lack of economic opportunities and the absence of a comprehensive child protection system, still persisted at the time of repatriation. Therefore, repatriation and reintegration of the children inevitably entailed tackling the root causes of trafficking and strengthening the child protection system, including providing basic education and health services in a sustainable manner.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 54
- Paragraph text
- At a minimum, the realization of the right to an effective remedy for trafficked children should be guided by the general principles of the Convention on the Rights of the Child. In particular, the principle that the best interests of the child shall be a primary consideration in all actions concerning children should be placed at the centre of all efforts to provide remedies for trafficked children. This principle entails respect for children's rights and freedoms accorded to them under international human rights law, as well as for the children's views on their best interests with due weight given in accordance with the age and maturity of the children 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 58
- Paragraph text
- Another general principle of the Convention on the Rights of the Child that is specifically relevant in this context is that States are required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. In order to enable the child to enjoy such participation, it is crucial to guarantee that the child has effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. A study of children's experiences of reparations programmes reveals that in many cases, children "lack access to adequate information presented in a child-friendly format, often because they are not explicitly considered…". While the study did not particularly focus on trafficked children, it clearly points to the lacuna in the provision of relevant information to children who are entitled to seek reparations for the harms suffered.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 59
- Paragraph text
- The need to ensure active participation of children also implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary. In a number of States, children are entitled by law to access to legal assistance. It is not clear, however, to what extent this right has been implemented in practice, as many States do not keep track of the number of trafficked children receiving legal assistance. It has also been reported by practitioners that trafficked children have limited access to lawyers who are specifically trained in children's rights and the issues of child trafficking, which is compounded by the lack of legal and interpretative assistance provided to trafficked persons in general.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 46
- Paragraph text
- ILO has a global programme targeting children exploited in the mining and quarrying sector, "Minors out of Mining". It is led by the Governments of 15 countries (Brazil, Burkina Faso, Colombia, Côte d'Ivoire, Ecuador, Ghana, Mali, Mongolia, Nicaragua, Pakistan, Peru, Philippines, Senegal, Togo and United Republic of Tanzania) and supported by partners in the mining industry, such as the International Federation of Chemical, Energy, Mine and General Workers' Unions, the International Council on Mining and Metals and Communities and Small-Scale Mining. The programme focuses on increasing educational and vocational training opportunities for children and reportedly has had successes in stopping children working in mines in many countries, such as Mongolia and the Philippines (see A/HRC/18/30, para. 84).
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- 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
- Adolescents
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to 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
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 35
- Paragraph text
- Trafficking in persons for the removal of organs and the related practices discussed herein have not been a central concern for the international human rights system. Only the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography explicitly addresses the issue by, under article 3 (1)(a)(i)(b), prohibiting the transfer of the organs of a child for profit. The Committee on the Rights of the Child has addressed the sale of organs in its consideration of national reports and the Special Rapporteur on the sale of children, child prostitution and child pornography has also raised concerns. The use of organs from executed prisoners in transplantation programmes in East Asia has attracted more focused attention from some parts of the human rights system, including the Committee against Torture.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph