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Prevention of trafficking in persons 2010, para. 59
- Paragraph text
- The analysis of different aspects of prevention programmes described above highlights the cross-cutting importance of collecting accurate data when designing the programmes, as well as monitoring and evaluation to ensure their effectiveness.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 16
- Paragraph text
- In developing effective strategies to combat trafficking in persons, the Special Rapporteur has consistently advocated for basing such strategies on "5P's" (protection, prosecution, punishment, prevention and promotion of international cooperation) and "3R's" (redress, rehabilitation/recovery and reintegration of victims to assume a constructive role in the society) (A/HRC/10/16 and Corr.1). The role of prevention is critical in ensuring that the crime of trafficking does not occur in the first place. Despite its importance, the efforts to combat trafficking have been largely centred on a "symptom-specific" approach in that solutions are sought only after particular problems occur. It follows that resources and efforts are often concentrated on prosecuting traffickers or developing assistance programmes for survivors of trafficking but neglect the development and implementation of comprehensive and systematic prevention measures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 64
- Paragraph text
- The recommendations of the Special Rapporteur are set out below.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 16
- Paragraph text
- In this context, a number of regional organizations have embarked on regional cooperation activities in this area, with very different modalities. In some cases, organizations created with broad cooperation objectives decided to include the fight against trafficking in their activities. In other cases, new regional cooperation mechanisms have been created solely for the purpose of combating trafficking in persons. However, a number of them still do not address the trafficking phenomenon in a comprehensive manner, failing to take a victim-centred and human rights-based approach to combating human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 19
- Paragraph text
- ECOWAS and ECCAS decided to combine their efforts and, in July 2006, adopted a joint biregional plan of action for the period 2006-2008, together with a resolution and a multilateral cooperation agreement. This biregional plan of action reaffirms the ECOWAS Initial Plan of Action and extends efforts to combat trafficking into the Central African region. It emphasizes that member States should ensure the ratification and implementation of relevant international instruments, and sets out seven strategies in the following priority areas: legal framework and policy development; victim assistance and protection; prevention and awareness-raising; collection and analysis of information; training and specialized capacity-building; travel and identity documents; monitoring and evaluation of implementation.
- 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
- N.A.
- 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. 21
- Paragraph text
- OAS is strongly engaged in combating human trafficking on the American continent. At the political level, the OAS General Assembly has adopted resolutions that express the commitment of member States in this regard. At the level of the secretariat, the OAS Anti-Trafficking in Persons Unit provides specialized training and assistance to member countries to implement the Palermo Protocol and the recommendations stemming from the OAS Meetings of National Authorities on Trafficking in Persons. The secretariat primarily focuses on awareness-raising, provision of training, dissemination of international legal frameworks and the sharing of good practices to enable States to combat trafficking more effectively, taking both a human-rights and a gender perspective.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 24
- Paragraph text
- In the Mekong region, six Governments (Cambodia, China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam) established the COMMIT Process in 2004. The COMMIT Subregional Plan of Action for 2008-2010 contains eight key activities: Training and Capacity Building; National Plans of Action; Multilateral and Bilateral Partnerships; Legal Frameworks, Law Enforcement, and Justice; Victim Identification, Protection, Recovery and Reintegration; Preventive Measures; Cooperation with the Tourism Sector; and Coordination, Monitoring and Evaluation. Activities are being implemented in partnership between relevant government departments and non-government entities, whether United Nations agencies or non-governmental organizations (NGOs). The United Nations Inter-Agency Project on Human Trafficking (UNIAP), which was established in 2000 with a mandate to facilitate a stronger and more coordinated response to trafficking in persons in the Mekong region and beyond, acts as secretariat to COMMIT.
- 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
- N.A.
- 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. 27
- Paragraph text
- Since the late 1980s, the CoE has raised awareness and encouraged action in the field of human trafficking in a number of recommendations. In 2005, it went further by adopting a legally binding instrument, the CoE Convention on Action against Trafficking in Human Beings (CoE Convention), which entered into force in 2008. While other international instruments already existed in the field, the CoE Convention is the only comprehensive treaty focusing on the protection of victims of trafficking. The Parliamentary Assembly of the CoE is also involved in the fight against trafficking, through its Subcommittee on Trafficking in Human Beings. Besides the adoption of various resolutions, the Parliamentary Assembly adopted a Handbook for Parliamentarians on the CoE Convention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 28
- Paragraph text
- The work of the EU on anti-trafficking has become an important part of its agenda in the last 10 years, notably with the adoption in 2002 of the Framework Decision on combating trafficking in human beings (which is currently being revised) and the 2004 Directive on the residence permit issued to Non-EU member country nationals who are victims of trafficking in human beings and who cooperate with the competent authorities (Council Directive 2004/81/EC). An Expert Group on Trafficking in Human Beings was established in 2003, and the action plan on strengthening the EU external dimension on action against trafficking in human beings was adopted in 2009. Amongst the main tasks of the EU are the development of policies and legislation, the provision of financial and political support for anti-trafficking projects and the provision of guidelines and technical assistance at the national level.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 35
- Paragraph text
- A solid, comprehensive normative and institutional framework, whereby the commitment to tackling trafficking is expressed at the highest level, is an essential starting point for building an effective response to human trafficking. From analysis of the information collected, the Special Rapporteur noted that several organizations have adopted a formal international agreement in the form of a convention, an agreement or a memorandum of understanding (MOU), while others base their work on a document of a declaratory nature. For example, COMMIT was established by a MOU adopted at the ministerial level, which has proved to be a solid foundation for its work.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 36
- Paragraph text
- Other regional bodies have adopted declarations as their reference legal instruments, which can also be an effective solution when followed by a specific plan of action, as has been the case for ASEAN and ECOWAS. Other regional mechanisms have gone as far as adopting conventions, legally binding instruments which not only confer rights and duties on Governments, but also entitle individuals within their jurisdiction to claim the rights contained therein before the courts. A notable example is the CoE Convention, which is an excellent example of using a rights-based approach to combating trafficking in persons. While it also aims at preventing trafficking and prosecuting traffickers, it is the only regional international treaty in this area that primarily focuses on the rights of the victims. Importantly, the Convention is open to ratification by States which are not members of the CoE.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 41
- Paragraph text
- One of the added values of regional mechanisms is the adoption of a common workplan at the regional level, setting out common strategies and actions to be taken within a region. This has proved to be a key step to providing a sound platform on which States may shape their national policies. As opposed to formal agreements or declarations establishing regional mechanisms, which are more general, regional action plans include specific measures and strategies to guide States in developing their national strategies. Moreover, a common action plan promotes a unified vision to fight human trafficking within a region: on that basis, national strategies will be developed with similar approaches. Practically all existing regional mechanisms have developed their regional action plans. The Arab initiative for building national capacities to combat human trafficking is due to be launched at the end of March 2010.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 42
- Paragraph text
- Another key element appears to be the establishment of regional monitoring bodies to meet regularly and review the degree of implementation of normative instruments and related workplans. For example, SAARC established a Regional Task Force in 2006, which meets yearly to monitor and assess the implementation of the Convention. OSCE created the mandate of the Special Representative, who publishes annual reports providing an assessment of the Action Plan's implementation, the activities conducted and the related achievements. The CoE has established a monitoring mechanism based on two pillars: the Group of Experts on Action against Trafficking in Human Beings (GRETA), composed of independent experts, and a Committee of the Parties, a political body. GRETA reviews the implementation of the convention by the parties and publishes recommendations to the Committee of the Parties, which also makes recommendations on measures to be taken by parties to implement GRETA's conclusions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 43
- Paragraph text
- In addition, regional organizations have an essential role as catalysts and advisers in promoting the adoption of national plans of action (NPAs). In many instances, regional mechanisms have been able to guide States in the development of NPAs, also with the objective that countries of a same region would adopt similar national plans, in order to better cooperate and share information and experiences. For example, as a result of the CoE LARA Project designed to support the reform of criminal legislation in South-Eastern Europe (2002-2003), nearly all the participating countries have adopted NPAs against trafficking in human beings covering prevention, prosecution of traffickers and protection of the victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 46
- Paragraph text
- Regional mechanisms have a key role in facilitating the development and strengthening of bilateral cooperation mechanisms between countries of the same region. In this regard, ASEAN has facilitated the conclusion of bilateral meetings to combat trafficking between countries, in particular between Thailand and the Lao People's Democratic Republic and between Cambodia and Viet Nam. COMMIT, when assisting countries in the development of bilateral mechanisms on human trafficking, particularly insists on the inclusion of effective implementation and monitoring mechanisms, and follows up with the organization of regional seminars to that effect. It also insists on the importance of integrating the agreement into governmental mandates and budgets.
- 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
- N.A.
- 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. 47
- Paragraph text
- Another possible approach is the development by regional organizations of bilateral relations with third countries or organizations. An interesting initiative in this regard is set out in the EU Action Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings. It provides that where human trafficking is of particular mutual concern between the EU and key third countries or regions, the parties could set up specific Anti-Trafficking in Human Beings Partnerships or specific agreements. The partnerships should be based on an assessment of needs, inter alia from the perspective of a victim-centred and human rights-based approach, and opportunities for practical operational cooperation. This is an innovative type of bilateral agreement that would allow for a partnership between a regional organization and a country that is not a member, and also between subregional mechanisms, on a case-by-case basis depending on needs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 48
- Paragraph text
- Similarly, the EU Action Oriented Paper provides that, in response to a new trend or pattern, for instance a noticeable increase in the number of victims of trafficking from a similar area or travelling route, it may deem it necessary to develop a joint effort in partnership with a third country, region or organization. For this purpose, Swift Action Teams (SATs) may be established, composed of experts from Europol and Frontex. A SAT can be deployed to support a specific third country, region or international organization, for example to assist third countries in identifying victims of trafficking at airports before they board and providing training on the identification of victims and forged identity papers.
- 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
- N.A.
- 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. 50
- Paragraph text
- In addition to establishing national coordination bodies, some regional mechanisms have promoted the establishment of specialist counter-trafficking units within law enforcement structures. In this regard, the ASEAN Asia Regional Cooperation to Prevent People Trafficking (ARCPPT) criminal justice project achieved significant outcomes, including the establishment of Specialist Counter-Trafficking Response Units in almost all 10 ASEAN countries and biannual meetings between the Heads of these Units, comprising three senior police officers from each country. These measures have enhanced expertise and cooperation between the police services of each country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 54
- Paragraph text
- In addition, regional mechanisms have developed tools such as model laws and handbooks, and convened workshops at the regional level to operationalize these tools. For example, LAS adopted an "Arab guiding law on fighting human trafficking" in 2005, and organized a workshop on "The mechanisms to combat human trafficking in Arab legislation" in Cairo in 2007. The conference provided first-hand information on how far countries have progressed through legal action in combating trafficking in persons. Similarly, the Bali Process cooperates with countries on anti-trafficking legislation, using a model law developed by China and Australia.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 70
- Paragraph text
- The EU has launched several initiatives aimed at designing a standardized system for the collection of qualitative and quantitative data and analysis of human trafficking. While this is still in progress, its intention is that, once completed, the system would be shared with a view to developing a common or at least comparable template in the EU and third countries for the collection of data relating to all aspects of trafficking. In this regard, a Ministerial Conference on "Guidelines for the Collection of Data on Trafficking in Human Beings, Including Comparable Indicators" was held on 23-24 February 2009 by the Austrian Ministry of the Interior, IOM and the EU.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 74
- Paragraph text
- In terms of protection, proper identification of victims is the first and fundamental step. However, it is probably the most difficult, for which considerable capacity-building efforts are required. On this issue, the EU joined forces with ILO to launch the DELPHI method to establish indicators for each type of trafficking. This is a valuable tool to assist law enforcement officials in the identification of victims. Moreover, the EU Commission developed "Recommendations on the identification and referral to services of victims of trafficking in human beings". Since training is crucial in this area, a seminar was held under the Austrian EU Presidency with experts from Governments and NGOs at which best practices in the field of identification and support for victims were discussed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 83
- Paragraph text
- COMMIT in the Mekong region, through its secretariat, conducts case monitoring and analysis to identify lessons learned and address barriers to appropriate investigative, prosecutorial and judicial responses to trafficking. On that basis, it develops handbooks that include practical guidance and standard operating procedures, with a focus on the protection of victims as well as on cross-border cooperation. Another focus is the creation and strengthening of specialist Anti-Trafficking Units for investigation and prosecution, and the promotion of cross-border cooperation between these Units. For these purposes, targeted training for law enforcement officials is being conducted at the regional level and assistance provided for national level training in local languages.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 101
- Paragraph text
- Civil society actors, particularly NGOs that have acquired specific expertise, have a role to play in the development, implementation and evaluation of anti-trafficking policies and programmes. In some cases, they are very well placed to provide services to victims or inputs into governmental policies. In this regard, the OHCHR Guidelines include various recommendations on the way NGOs and other civil society organizations should be involved in the efforts to fight trafficking, as key partners. Regional organizations have a role to play in promoting effective partnerships between Governments and civil society, and between themselves and civil society. Building such effective partnerships remains a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 107
- Paragraph text
- Regional mechanisms should develop standards that reflect a human rights-based approach to trafficking, based on relevant international instruments such as the Palermo Protocol and the OHCHR Guidelines. These standards should be developed in regional legal instruments, regional and national action plans, bilateral agreements, and further set out in practical guidelines, standard operating procedures or practitioners' handbooks. Furthermore, regional mechanisms should provide assistance to countries in operationalizing these standards at the national level through capacity-building activities, most importantly training and workshops. Finally, they should be active in monitoring and evaluation, collecting data on achievements and challenges, and sharing the results of their evaluation, including good practices, with countries in their region.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 28
- Paragraph text
- In order to guide States in operationalizing the right to an effective remedy, the Special Rapporteur submitted the draft basic principles on the right to an effective remedy for trafficked persons in the Human Rights Council report. The draft basic principles are reproduced in the annex to the present report. The Special Rapporteur noted with appreciation that a number of States, including Brazil, Costa Rica, Greece, the Republic of Moldova, Slovakia and Venezuela (Bolivarian Republic of), expressly welcomed the draft basic principles during the interactive dialogue at the Human Rights Council.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- The draft basic principles are based on existing international human rights law and standards and do not represent new norms of human rights. They are designed to bring clarity to the concept of the right to an effective remedy and to elaborate specific factors to be taken into account when this right is applied to trafficked persons. For example, the draft basic principles explicitly spell out that States have obligations to ensure that adequate procedures are in place to enable quick and accurate identification and that trafficked persons are not subjected to discriminatory treatment in law or in practice, as these are preconditions in exercising the right to an effective remedy in the context of trafficked persons. Further, reflecting the complex nature of the crime of trafficking, the draft basic principles specify that restitution may require States to provide trafficked persons with temporary or permanent residence status where a safe return to the country of origin cannot be guaranteed or is otherwise not in the best interest of the trafficked person. With respect to recovery, the draft basic principles provide that States shall ensure that trafficked persons' access to assistance and other benefits are not dependent on their cooperation in legal proceedings, as this is a common obstacle for trafficked persons in accessing such assistance and other benefits. Lastly, the draft basic principles provide that States have a duty to ensure that trafficked persons are allowed to lawfully remain in the country in which the remedy is being sought for the duration of any proceedings, having regard to the fact that trafficked persons are often treated as irregular migrants subject to detention and deportation.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 15
- Paragraph text
- On face value, State responsibility may seem difficult to establish in cases of trafficking, as trafficking is often committed by private individuals, criminal groups and networks acting without instructions from, the direction of or control by a State. However, the fact that the relevant act or omission was conducted by private persons does not necessarily absolve the State of its responsibility, as State responsibility may arise "if it failed to take necessary measures to prevent the effects of the conduct of private parties". Importantly, whether or not such failure is attributed to a State would depend on the existence of relevant international obligations of that State to take such measures. In the context of human rights and trafficking in persons, obligations to prevent and punish acts of private persons clearly exist, as seen in the obligations under the Palermo Protocol to "prevent and combat" trafficking in persons, and under international human rights law to prevent human rights violations by non-State actors. The standard applied in determining a breach of these obligations is that of "due diligence", so that States may be responsible for providing remedies where they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of such violations. An example of the application of these principles at the regional level is the case of Rantsev v. Cyprus and Russia in which the European Court of Human Rights ordered Cyprus and Russia respectively to pay compensation to the family of the victim of trafficking for the failure to provide for an appropriate legal and administrative framework to combat trafficking and to properly investigate how and where the victim was recruited, pursuant to article 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 18
- Paragraph text
- In substance, victims of human rights violations must be provided with adequate reparations for the harms suffered. While most human rights treaties do not explicitly spell out the content of reparations, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law ("Basic Principles and Guidelines on Remedy and Reparation") elaborate various forms of reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Clearly, the form of reparations that should be provided to the victim would depend on the nature and circumstances of the violation. While not all forms of reparation are necessary in all cases, adequate reparation may only be achieved in particular cases by the combination of different forms of reparation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 38
- Paragraph text
- An increasing number of States have introduced compensation schemes specifically for trafficked persons, or have announced that they are contemplating the establishment of one. The Special Rapporteur recognizes, however, that where a general compensation scheme for victims of crime including trafficked persons exists, the creation of a separate compensation scheme dedicated only to trafficked persons may result in further diversion of resources and hierarchical categorization of rights holders. From this perspective, it may be considered a more concrete strategy to seek to enable trafficked persons to obtain compensation within the existing scheme and, where it is inadequate, to strengthen it to allow all victims of human rights violations to claim compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 62
- Paragraph text
- In the light of these challenges, the Special Rapporteur submits the draft basic principles on the right to an effective remedy for trafficked persons in annex I to the present document. These basic principles are a work in progress, as the Special Rapporteur intends to continue refining them on the basis of inputs she may receive. The Special Rapporteur hopes that the basic principles serve as a useful guidance for States and practitioners on the content and scope of the right to an effective remedy for trafficked persons and also as indicators of the minimum obligations of States in the realization of this right.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
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