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Prevention of trafficking in persons 2010, para. 37
- Paragraph text
- In this regard, despite her view that demand for all types of commercial sex should be eliminated, the former Special Rapporteur on the human rights aspects of the victims of trafficking in persons reached a different conclusion about the measures appropriate to reduce demand in cases other than prostitution, notably when goods were made by workers who had been trafficked. In her report (E/CN.4/2006/62, para. 59) she expressed the view that: States parties need not eradicate demand simply because that demand is occasionally met by goods produced by trafficked labour. For example, the consumer market for athletic shoes could be met occasionally by shoes produced by people who have been subjected to one or more of the means of trafficking listed in the Protocol definition. There are reasonable steps States parties may take to discourage the demand side of such markets without seeking to wholly eradicate the consumer demand for athletic shoes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The issue of human trafficking in supply chains 2012, para. 32
- Paragraph text
- With the growing recognition that the private sector can contribute to preventing and combating trafficking, voluntary codes of conduct on human trafficking specifically targeting corporations have been developed. One notable example is the Athens Ethical Principles and the accompanying Luxor Implementation Guidelines. Adopted by participating business representatives in 2006, there are seven core principles, including demonstrating zero tolerance towards human trafficking and encouraging business partners, including suppliers, to apply ethical principles against human trafficking. The Luxor Implementation Guidelines were subsequently adopted in December 2010 to aid the implementation of the core principles.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 33
- Paragraph text
- Recognizing that there are great risks of human trafficking in supply chains, the Luxor Implementation Guidelines provide practical measures that companies must take to minimize those risks, including publicly posting recruitment procedures throughout the company's supply chain or chains, mapping the supply chain or chains so that there is a system to trace commodities to raw materials, having highest-risk suppliers become certified by external auditors or agree to unannounced audits against the company's code of conduct, and developing training modules for all employees in the company's supply chain or chains on the basics of human trafficking and how to recognize and report it.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 19
- Paragraph text
- The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. In recent years, a number of other States, including Lesotho, Lebanon and Romania, have passed new anti-trafficking laws.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 54
- Paragraph text
- Victims of trafficking play a critical role in the criminal prosecution of traffickers and their accomplices. The Special Rapporteur is well aware that the complexity of the crime of trafficking and related evidentiary complications can make investigations and prosecutions difficult, if not impossible, without the cooperation and testimony of victims. It is, however, important to clarify that a human rights approach to trafficking does not preclude the active involvement of victims in the investigation and prosecution of their exploiters. Rather, such an approach confirms that States, through their national criminal justice agencies, should be working towards recognizing victims of trafficking as an essential resource who are provided with the protection and support they need to participate safely and effectively in criminal justice processes.
- Legal status
- Non-negotiated soft law
- 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
- 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. 78
- Paragraph text
- An increased focus on consultation of the key groups affected by measures to reduce demand may reduce the possibility of unanticipated negative impacts of such strategies arising, or of the implementation of measures which are not wanted by those they will primarily impact upon. A range of human rights are violated in human trafficking cases, covering a broad area in the social sphere and linked to different kinds of activities. Responses, therefore, require a multidisciplinary approach. Consultation with those affected by measures to reduce demand can highlight the complexity of the issues, as well as suggesting further courses of action and research.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 58
- Paragraph text
- Public awareness. Awareness-raising campaigns can be an important method of prevention on two levels: first, by working with at-risk communities to warn them of the dangers of trafficking and second, by sensitizing the public in countries of destination to the plight of trafficked persons and informing them about their in role in prevention. However, the Special Rapporteur has noted that public awareness campaigns are sometimes crude in conception and execution, employing sensationalist scare tactics or designed simply to stop people from moving. There has also been very little critical examination of the effect of such campaigns, including the unintended negative effects that have been anecdotally noted by the Special Rapporteur in the course of her work, pointing to a need for all countries to monitor and regularly evaluate the impact of their prevention efforts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- 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. 59
- Paragraph text
- Addressing demand. Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. Both mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined that demand in detail in the context of a review of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, the Special Rapporteur recommended that States take steps to understand the nature of demand and develop measures to discourage it, based on accurate information and experience. Basic human rights, including the prohibition on discrimination, should further guide this process. The Special Rapporteur also noted the importance of ensuring that measures to address demand do not themselves negatively affect individual rights and freedoms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Due diligence and trafficking in persons 2015, para. 18
- Paragraph text
- The requirement that due diligence be exercised in good faith - meaning the taking of "positive steps and measures by States" - also means that a lack of resources or capacity cannot completely shield States from their due diligence obligations. Indeed, often, it is not more resources but rather their reallocation - including towards preventative policies - that is needed for States to act diligently as assessed under the particular circumstances. For many States' anti-trafficking policies, the "form in which due diligence has thus far been pursued is not without alternatives;" due diligence requires pursuing these alternatives to maximize efforts to ensure the human rights of trafficked persons in all aspects of anti-trafficking responses. While in practice some of these efforts to ensure the human rights of trafficked persons may be implemented by non-State actors (e.g., through civil society-run assistance programmes), States cannot delegate their due diligence obligations.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 65
- Paragraph text
- Trafficking in persons requires a concerted effort by all stakeholders if it is to be effectively addressed. In view of this, the Special Rapporteur will endeavour to continue partnering and cooperating with States, both those that are parties to the Palermo Protocol and those that are yet to ratify it. She is also committed to continue engaging with non-State actors on the role they can or should play in preventing and responding to trafficking. In particular, she will consider civil society organizations as strategic partners - not only service providers - to be included in the process of designing and implementing targeted anti-trafficking measures.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 68
- Paragraph text
- The Special Rapporteur will continue to build on the work of the mandate in that field and capitalize on the momentum created by new legislation and initiatives from businesses and civil society to free the supply chains from trafficking, forced labour and slavery. On the basis of her global mandate, international standing and expertise on issues relating to trafficking in persons, the Special Rapporteur intends to continue engaging with businesses in order to encourage the establishment and effective implementation of self-regulatory action (codes of conduct and other similar mechanisms) by the private sector, with the aim of increasing awareness of the risks that trafficking entails, and encouraging them to take action to eradicate trafficking from their supply chains. That would entail the mandate holder bringing together businesses in a number of selected sectors to exchange experiences and practices among themselves, review their assessment protocols through the lens of trafficking prevention, pilot the use of the benchmarks and indicators and encourage multi-stakeholder initiatives, where they exist, to operationalize the responsibility of businesses to respect human rights.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62a
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Reinforce voluntary standards on trafficking in persons and identify good practices in that area, by providing feedback and expert advice in standard revision processes and by co-developing capacity-building activities for the initiatives and their stakeholders;
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62b
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Enhance workers’ voices within the standard-setting process, and in monitoring mechanisms, through the identification of good practices in workers’ participation in monitoring schemes and the development of capacity-building programmes;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 79
- Paragraph text
- Articles 12 to 14 of the United Nations Convention against Transnational Organized Crime requires States parties to have sufficient powers to facilitate the seizure of assets, and sets out the requirements and procedures for it. Article 23, paragraph 3 of the Council of Europe Convention on Action against Trafficking in Human Beings states that each party to the Convention should adopt "such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences".
- Legal status
- Non-negotiated soft law
- 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
- All
- N.A.
- Year
- 2012
Paragraph
Prevention of trafficking in persons 2010, para. 35
- Paragraph text
- A long-awaited review of a 1998 Swedish law prohibiting the purchase of sexual services was recently published by the Ministry of Justice of Sweden. Although the report is clear in concluding that prohibiting the purchase of sexual services has helped to combat prostitution, the review is less persuasive on the impact on trafficking and states that while it is difficult to assess precisely the extent of sex trafficking in Sweden, there are data suggesting that the scale has been affected by the ban on purchases of sexual services.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 40
- Paragraph text
- The Gulf Cooperation Council has also taken initiatives to curb trafficking in persons in the subregion, including through capacity-building workshops and the development of guiding principles to combat trafficking in persons in the region.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61j
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Dialogue with governments should be facilitated to incorporate good practices from voluntary standards into national legislation.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 69
- Paragraph text
- Multi-stakeholder initiatives should develop and implement capacity-building activities to ensure that all stakeholders, including buyers, suppliers, labour recruiters, workers, civil society organizations and trade unions, especially at the local level, and their relevant partners understand the risks of trafficking in persons and labour exploitation in their activities and in those of their business partners, and should develop measures to be implemented to comply with the standards.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 99
- Paragraph text
- States should protect workers against human rights abuses perpetrated in the recruitment process by employers, labour recruiters and other enterprises. This requires that States take appropriate steps, through effective policies, legislation, regulations and adjudication, to prevent and investigate such abuses, to punish those responsible and to provide redress, and that they exercise and mandate due diligence to ensure that human rights are respected.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 30
- Paragraph text
- The ensuing subsections discuss different methods through which trafficked persons may seek compensation and associated challenges, while also highlighting some positive developments.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 13
- Paragraph text
- The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph