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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
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
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
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- 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
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 49
- Paragraph text
- The conclusion of memorandums of understanding laying out cooperation mechanisms and delineating roles and responsibilities between criminal justice agencies and victim service agencies has been one way to foster understanding and increase communication. Various provinces in Thailand have adopted internal memorandums signed by Government officials, the Royal Thai Police and victim support agencies. The memorandums clarify the roles and responsibilities of each entity, elucidate working principles and definitions, and are intended to introduce systems to improve the working relationship between the parties. In the Republic of Moldova, a memorandum of understanding was signed by the Ministry of Internal Affairs, the General Prosecutor's Office, the Ministry of Social Protection, IOM and a number of non-governmental organizations and service providers. As a result, the organizations and other service providers in the country offer an array of services for victims, including medical and legal assistance, case monitoring, special assistance for children and services to help with re-integration, such as vocational training, employment counselling, grants for business development and social welfare assistance.
- 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
- Children
- Year
- 2012
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
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
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
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
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
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 21
- Paragraph text
- Child victims of trafficking need specific assistance, protection and support that often differ substantially from those given to adults and they require child-specific and child-centred measures in relation to identification, protection and assistance that are based on the principles and provisions of existing human rights law (A/HRC/26/37/Add.2, paras. 39-42). In particular, appropriate procedures must be put in place to assess the best interests of the child in every case, before any decision is made regarding the child concerned, including assistance measures and eventually repatriation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 30
- Paragraph text
- Prior to the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (also referred to as the Palermo Protocol), trafficking in persons was addressed in various instruments, including the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, and the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Other international normative documents also contain provisions against trafficking of persons, such as the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the sale of children, child prostitution and child pornography.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 31
- Paragraph text
- In December 2003, the Palermo Protocol entered into force and has since been ratified by many States. The purposes of the Protocol are to prevent and combat trafficking in persons, paying particular attention to women and children; to protect and assist the victims of trafficking, with full respect for their human rights; and to promote cooperation among States parties in order to meet those objectives. UNODC offers practical help to States in the implementation of the Protocol, giving guidance for the drafting of laws and the creation of comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 33
- Paragraph text
- ILO Convention No. 189 (2011) concerning decent work for domestic workers, which entered into force in 2013, and its Recommendation No. 201 extend basic labour rights to domestic workers, including those in private households, who are without clear terms of employment, unregistered and excluded from the scope of labour legislation. It stresses States' duty of diligence in effectively eliminating child labour and sets a minimum age for domestic workers.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 39
- Paragraph text
- Other regional instruments for addressing trafficking in persons are the Arab Framework Act on Combating Trafficking in Persons (2008), which serves as a platform from which to spearhead action against trafficking in persons, and the Arab Charter of Human Rights (2008), which, inter alia, prohibits trafficking in human organs; and slavery and servitude, forced labour and trafficking in persons for the purposes of prostitution or sexual exploitation or the exploitation of the prostitution of others or any other form of exploitation or the exploitation of children in armed conflict; and has extensive provisions on the right to decent work freely chosen and on the right to development.
- 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
- 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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 43
- Paragraph text
- A number of initiatives have been launched to combat trafficking in persons in the Asia-Pacific region, including the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted by the States members of the South Asian Association for Regional Cooperation in 2002. In addition, the Association of Southeast Asian Nations (ASEAN) launched its first programme, the Asia Regional Cooperation to Prevent People Trafficking Project (2003-2006), which was implemented by the Government of Australia. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended in 2011 as the Asia Regional Trafficking in Persons Project. ASEAN also adopted the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children (2004), followed by the adoption of a work plan to implement the Declaration. An ASEAN convention on trafficking in persons and a regional plan of action are expected to be finalized and adopted in 2015.
- 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
- 2015
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
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 47
- Paragraph text
- Subregional initiatives include the Economic Community of West African States (ECOWAS) Declaration on the Fight against Trafficking in Persons (2001) and the ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003). Subsequent plans of action against trafficking in persons have also been adopted. Moreover, the ECOWAS and Economic Community of Central African States biregional Plan of Action to Combat Trafficking in Persons, especially Women and Children (2006-2009), the related resolution and a multilateral cooperation agreement have further strengthened subregional initiatives to curb trafficking. The biregional Plan of Action reaffirmed the ECOWAS Initial Plan of Action and extended efforts to combat trafficking into the Central African region. In addition, the Southern African Development Community Plan of Action to combat trafficking in persons, the revised African Union Plan of Action on Drug Control and Crime Prevention (2007-2012 and 2013-2017) can be cited as examples of subregional initiatives. Joint cooperation between intergovernmental organizations, such as between the United Nations and the African Union, in the Asian-African Legal Consultative Organization or within the Commonwealth can be cited as joint actions to address human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 49
- Paragraph text
- To that end, the Special Rapporteur will advocate a human rights-based and victim-centred approach to promote and protect the human rights of victims of trafficking, especially women and children, guided by international human rights law and standards, including the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 51
- Paragraph text
- Finally, the Special Rapporteur will be guided by the best interests of the child in all actions concerning trafficked girls and boys, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies. She expects to look into existing identification, protection and assistance gaps in relation to children who have been trafficked for various purposes, with the aim of providing insights on issues such as the procedures for determining the best interests of the children, access to justice, provision of unconditional assistance and effective remedies including compensation for such children.
- 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
- Boys
- Children
- Girls
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 57
- Paragraph text
- While the Special Rapporteur intends to accord priority to those thematic areas, she will also continue to follow up on thematic concerns addressed by her predecessors, such as the issue of trafficking for the purpose of sexual exploitation, including of children, especially as a consequence of conflicts, and in connection with labour exploitation, including domestic servitude.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 60
- Paragraph text
- Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person's immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 61
- Paragraph text
- In particular, protection and assistance should not be made conditional upon the capacity or willingness of victims to cooperate with law enforcement agencies, regardless of whether legal proceedings are initiated or charges pressed against their traffickers and exploiters, or whether the crime has been legally qualified as trafficking or as another or less serious crime. In this regard, the Special Rapporteur expects to further explore the need for unconditional access to a range of support services for victims of trafficking, including children, who are frequently left without assistance or the necessary support to access remedies, including compensation - a situation that exacerbates the risk of further human rights violations.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur intends to work in collaboration with other special procedures mechanisms which examine issues relating to trafficking, including but not limited to: the Special Rapporteur on the human rights of migrants; 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 Working Group on the issue of human rights and transnational corporations and other business enterprises. The Special Rapporteur will continue to strengthen the work of the trafficking mandate while delineating its intersections with related mandates. In this regard, she will try to identify possible joint initiatives that can complement each other's work, such as joint communications on allegations of human rights violations and the issuance of joint press statements.
- 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
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 83
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 26/8, and to constructive and fruitful cooperation with diverse stakeholders in all regions of the world. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages them to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on combating 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)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 14
- Paragraph text
- Alongside human rights due diligence standards on trafficking involving private actors, other areas of international law also contain obligations that specifically address trafficking by non-State actors. In particular, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (United Nations Trafficking Protocol) as a Protocol to the United Nations Convention against Transnational Organized Crime requires States to undertake to prevent trafficking, protect victims, and prosecute trafficking in persons by private individuals, including by providing the possibility for victims to access compensation. In considering whether a State has acted diligently, it will be relevant to consider whether it is bound by any of these other international obligations on trafficking by non-State actors, such as through the United Nations Trafficking Protocol or regional instruments. A better understanding of the content of the human rights obligations of due diligence on trafficking can also help ensure that States comply with human rights in implementing these other anti-trafficking obligations and to develop complementary protections 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
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 28
- Paragraph text
- As with all components of the due diligence standard, for due diligence requirements to be satisfied, the formal framework of protection and assistance established by the State must also be effective in practice. While formalized structures are important, current anti-trafficking measures in many contexts have emphasized such generalized measures at the expense of tailored assistance and protection to individual victims. Instead, "individual due diligence" - measures to address individual victims - requires that States must act "flexibly", in ways that take into account the particular preference and needs of victims, including special account of the most vulnerable (e.g., children).
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 29
- Paragraph text
- The exercise of due diligence requires that remedies for victims be available and effective. As well as being an obligation under article 5 of the United Nations Trafficking Protocol, the criminalization of trafficking is a core component of a State's due diligence obligations, including to protect victims, prevent future trafficking, and provide the necessary structures to investigate, prosecute and adjudicate trafficking cases. Accordingly, States also have due diligence obligations relating to the investigation and prosecution of suspected traffickers. However, in practice, while more than 90 per cent of States have legislation criminalizing trafficking in persons, "this legislation does not always comply with the [United Nations Trafficking] Protocol, or does not cover all forms of trafficking and their victims, leaving far too many children, women and men vulnerable. Even where legislation is enacted, implementation often falls short." Such problems in implementation constitute a failure of States' obligations to criminalize, investigate and punish trafficking in persons and deny victims access to justice. Particular gaps in criminalization also persist in the areas of trafficking for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict.
- 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
- 2015
Paragraph