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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 73
- Paragraph text
- The Special Rapporteur was pleased to learn from the responses received that a majority of States provided training programmes to raise awareness of officials in a wide range of Government agencies, including the judiciary, the police, the health sector and within specific ministries. These programmes are sometimes arranged by specialized officials within Governments, while at other times are supported by multilateral and bilateral partnerships, including with international organizations such as IOM and UNODC.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 10
- Paragraph text
- In her first report to the Human Rights Council (A/HRC/10/16), the Special Rapporteur stressed the continued existence of huge demand and supply of trafficking, and the need for an in-depth study into the demand. The Special Rapporteur has noted that different United Nations experts have drawn different conclusions about what measures are appropriate to discourage demand, particularly in the case of demand for sexual services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 13
- Paragraph text
- The participatory and collaborative methodology adopted by the mandate holders has enabled them to benefit from engagement with a wide range of stakeholders, including international, regional and subregional bodies working on trafficking issues; the private sector; and persons and institutions with particular expertise, such as the medical and transplant communities. Greater visibility of the mandate, through cooperation and partnership with States and stakeholders, was further identified by a number of States and stakeholders as an element which enables the mandate holder to fulfil the role of the moral voice for trafficking in persons in an independent manner. Interaction with victims of trafficking has also been critical, drawing from real experiences and ensuring that the measures taken to address trafficking benefit those in need; that unintended harmful consequences are anticipated and avoided; and that opportunities for change and improvement are identified in a timely way.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 43
- Paragraph text
- Consistent with the commitment of the mandate to tackling difficult, emerging and under-researched issues, the Special Rapporteur has focused her attention on trafficking in persons for the removal of organs as a form of exploitation related to trafficking, with a view to contributing to the international conversation at a pivotal point. Her report to the General Assembly on the issue (A/68/256) was based on an expert background paper, peer-reviewed by an informal group of transplant specialists, ethicists and researchers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 26
- Paragraph text
- In the course of her work the Special Rapporteur has also actively solicited input from the private sector and from persons and institutions with particular expertise. In relation to specialist subjects, such as trafficking in persons for the removal of organs, the Special Rapporteur has sought external expertise from the medical and transplant communities, in an effort to ensure the accuracy of her reporting and the practical relevance of her recommendations, as well as to improve understanding among relevant stakeholders.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The issue of human trafficking in supply chains 2012, para. 50d
- Paragraph text
- [Furthermore, businesses should:] Implement an effective monitoring system, such as social audits, to scrutinize the risks of human trafficking at all levels of the supply chain;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 21
- Paragraph text
- The restricted scope of the present report is a reflection of the mandate of the Special Rapporteur. It also reflects an appreciation of human exploitation for the purposes of organ transplantation, primarily from living sources, as a discrete problem that requires specific solutions. It is important, however, to acknowledge that this issue cannot be fully separated from broader questions around transplantation, including those relating to equitable allocation of organs and approaches to dealing with organ shortages. The exploitation of human beings for purposes of organ transplantation is also linked to other commodification practices, such as transnational commercial surrogacy, which hold special dangers for the rights and dignity of the world's poorest and most vulnerable, and to broader questions of justice and rights that arise in the context of medical tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 33
- Paragraph text
- The Transplantation Society, an international non-governmental organization composed of physicians, surgeons and scientists involved in organ transplantation, has consistently opposed the commercialization of such procedures and issued a number of important statements on ethical issues around organ transplantation. In 2008, the Transplantation Society and the International Society of Nephrology developed a professional code of practice aimed at improving the quality and availability of organ transplantation while also addressing the key ethical issues facing practitioners. The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, adopted at an international summit on transplant tourism and organ trafficking convened by the Transplantation Society and the International Society of Nephrology in Istanbul, Turkey, from 30 April to 2 May 2008, has exerted significant influence over responses at the national, regional and international levels. The language of the Declaration is unequivocal with regard to trafficking in persons for the removal of organs, stating in its principle 6 that "organ trafficking and transplant tourism violate the principles of equity, justice and respect for human dignity and should be prohibited". It goes on to affirm that transplant commercialism should be prohibited because it "targets impoverished and otherwise vulnerable donors [and] leads inexorably to inequity and injustice".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 41
- Paragraph text
- Prohibition of transplant tourism. While the sale and purchase of organs is almost universally prohibited, these laws typically apply only to, or are enforced only in respect of, conduct within the territory or under the jurisdiction of the legislating State. In some countries, this is because the laws themselves do not extend to extraterritorial conduct. In other countries, criminal jurisdiction may, in principle, extend to the conduct of a national abroad but is rarely, if ever, applied in this way. The result is similar in both situations: recipients of illicitly obtained organs are almost never prosecuted by their country of origin or indeed by any other country. The importance of attaching extraterritorial provisions to national laws has been noted and bills to this effect have been put before parliaments in several countries. Prohibition of transplant commercialism in countries of destination will generally amount to a ban on transplant tourism. Some countries of destination have put in place additional legislative measures aimed at combating transplant tourism (for example, restricting participation in official transplantation programmes to nationals). The imposition of such a measure in the Philippines is reported to have cut off a critical link to a transplant tourism market based on poverty and corruption and shifted government attention to preventing kidney disease and encouraging deceased donations (see A/HRC/23/48/Add.3).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 46
- Paragraph text
- Outside of the rules and standards that apply to trafficking in persons, the international legal framework around many of the practices examined herein is extremely weak. For example, as shown above, there is no clear international prohibition against transplant tourism and very few States have succeeded in legislating effectively in the area. Commercialization of transplantation is subject to strong censure by WHO and professional groups and has been banned by many countries, but international law is silent on this issue. This lacuna creates gaps and weaknesses that prevent strong national responses, inhibit cross-border and international cooperation and obscure the very real human rights issues that lie at the heart of transplantation-related exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 62
- Paragraph text
- The international legal framework around trafficking in persons for the removal of organs also provides important guidance for navigating the larger ethical and policy issues around transplantation and transplantation-related exploitation. For example, it can be convincingly argued that international human rights law and a rights-based approach support a complete rejection of all forms of transplant commercialism because of the inherent and ultimately unmanageable risks of exploitation. A human-rights-based approach will also accord priority to equality and non-discrimination over other considerations when it comes to developing responses to organ shortages and establishing criteria for equitable allocation of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 65
- Paragraph text
- This duality of regimes is the product of historical factors and the distinct sets of skills and experiences that have shaped various aspects of our understanding of, and response to, trafficking in persons for the removal of organs. There is a clear need to bring together the circle of transplant surgeons, cultural anthropologists and health and human rights activists "who have developed remarkable knowledge" on trafficking in persons for the removal of organs within the circle of experts and practitioners working on trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 67
- Paragraph text
- Below, the Special Rapporteur offers recommendations to States, medical and transplantation professionals and the international community.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 69
- Paragraph text
- All States should also review the broader legal framework around transplantation-related exploitation to ensure, at a minimum, that related offences are fully and effectively criminalized and appropriately penalized. Such related offences include but are not limited to removal of an organ from a living or deceased donor without consent; removal of an organ from a living or deceased donor for financial gain or other advantage; the use of organs removed in such ways; and any form of advertising of a service relating to illicit removal and use of an organ.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 71
- Paragraph text
- The national legal framework should clearly identify criminal responsibility, ensuring that it extends to intermediaries, brokers, medical and transplant staff and technicians who are involved in trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 75
- Paragraph text
- All States, in particular source countries for trafficking in persons for the removal of organs, should take legislative steps to prevent trafficking in persons for the removal of organs by way of transplant tourism through measures such as imposing restrictions on transplantation for foreign nationals, ensuring genuine transparency in the allocation of organs for transplantation and in the conduct of transplantations and preventing commercialization of transplantation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 76
- Paragraph text
- All States should review laws and policies around transplantation to ensure that there are no gaps or incentives that would encourage or facilitate trafficking in persons for the removal of organs. For example, it is well established that permitting live transplantation from unrelated donors carries particular risks of exploitation, as does providing incentives to "donors" that go beyond reimbursement of genuine costs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 77
- Paragraph text
- All States, in particular countries of "demand", should ensure that funding of, or reimbursement for, the costs of transplant tourism (whether by private health insurers, public health funds or travel insurers) is prohibited.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 91
- Paragraph text
- All States should work with the media and civil society, including the medical and transplant communities, to raise awareness of trafficking in persons for the removal of organs among potential target populations, including awareness of the risks involved in both selling and buying organs. In that regard, States should recognize the significant role that can be played by physicians in identifying and deterring trafficking in persons for the removal of organs and related practices, including transplant tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 92
- Paragraph text
- States should cooperate with the national medical and transplant community to ensure that practitioners are aware of their legal obligations and to promote the development of an ethical culture around transplantation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 93
- Paragraph text
- States should further cooperate with the national medical and transplant community in developing effective and transparent systems for transplantation supported by robust systems of oversight and reporting.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 94
- Paragraph text
- States should continue to reject all forms and avenues of commercialization of transplantation as a means of addressing demand-fuelled exploitation on the grounds of human rights concerns, including threats to basic principles of equality and non-discrimination.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 98
- Paragraph text
- International organizations working on trafficking in persons should consider developing special training materials and other resources for medical professionals who may be exposed to trafficking in persons for the removal of organs. These resources should aim to educate medical professionals about their legal and ethical obligations, ensure that they are familiar with existing codes of professional practice and provide them with guidance on responding to cases or potential cases of trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
23 shown of 23 entities