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The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- The Special Rapporteur reiterates that States have an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. Furthermore, States have a duty to respect, protect and fulfil the right to an effective remedy under international human rights law. To this end, States' responses to trafficking should be guided by the objective of implementing the right to an effective remedy for trafficked persons. Trafficked persons must be recognized as holders of rights from the moment when they are identified as trafficked and States should implement measures to facilitate their realization of these rights. As different components of the right to an effective remedy are interrelated with each other, it is crucial for States to provide for a continuum of assistance and support, aimed at restitution, recovery, compensation, satisfaction and guarantees of non-repetition, as appropriate in each individual case.
- 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
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 71
- Paragraph text
- Where State-funded compensation schemes for victims of crime exist, States should abolish eligibility criteria which have the effect of preventing trafficked persons from seeking compensation, such as nationality and long-term residence requirements. Where no compensation scheme exists, States should consider establishing one that provides compensation to trafficked persons and using confiscated assets and tax deductible voluntary donations to finance such a scheme. Compensation through such scheme should be available to all groups of trafficked persons on a non-discriminatory basis.
- 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
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66m
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are not compelled to make use of stores or services operated in connection with an undertaking. Where access to other stores or services is not possible, employers ensure that goods and services are sold or provided at fair and reasonable prices, without the aim of indebting or otherwise coercing the workers concerned;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 129
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop and promote the adoption by Governments of regional practitioners' guidelines on protection, including victim identification, repatriation, access to shelter and medical and psychosocial assistance, and rehabilitation, and provide assistance in their operationalization at the national level, through training and workshops at the regional and national levels.
- 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
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 130
- Paragraph text
- [The role of regional organizations is also to promote an effective prosecutorial and judicial response, with a victim-centred approach. To that effect, regional organizations should:] Promote the establishment of national legal frameworks to criminalize trafficking, putting the protection of victims (and witnesses) and their access to effective legal remedies and compensation at the centre of the prosecutorial and judicial response.
- 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
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 97
- Paragraph text
- Many of the tools and resources available to support stronger responses to trafficking in persons, including training materials and identification protocols, were developed when the modalities of trafficking in persons for the removal of organs were poorly understood and the extent not fully appreciated. International organizations, including the United Nations, should review these materials with a view to ensuring their application to the specific problem 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
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66a
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] All workers have the freedom to terminate employment at any time, without penalty, by means of reasonable notice, in accordance with national law or collective agreement;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
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.
- 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 type
- Conclusion / Recommendation
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 64
- Paragraph text
- Voluntary standards alone are not sufficient to transform business models. Innovative approaches in sector transformation call for enhanced collaboration with governments. States must guarantee normative frameworks that, on the basis of international standards, protect workers from labour exploitation and set out clear expectations for businesses in this regard.
- 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
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 88
- Paragraph text
- States must take proactive steps to build the capacity of front-line officials from all agencies that might encounter trafficking crimes or victims for quick and accurate identification of trafficking victims. Governments should establish national referral mechanisms for identifying and assisting victims, in close cooperation with all actors, especially victim service providers and non-governmental organizations. States, as part of efforts and cooperation at the subregional level, should consider the adoption of transnational referral mechanisms for trafficked persons. This would encourage law enforcement cooperation in investigation, arrest and prosecution.
- 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
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 95
- Paragraph text
- The role of victim support agencies in identifying trafficking cases and victims, providing information on trends in human trafficking and delivering services and support should be recognized and facilitated by States. Efforts should be made to build confidence and to encourage greater coordinated collaboration. The conclusion of bilateral agreements and memorandums of understanding on key areas of delivery will aid communication and build trust. In partnering victim support agencies or other civil society organizations, States must not delegate the responsibility to provide for the well-being of victims and must remain vigilant to ensure respect for human rights.
- 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
- All
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70c
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Establish or revise existing standard operating procedures and conduct training for personnel, including personnel of contractors and implementing agencies who are likely to enter into contact with victims and potential victims of trafficking; such procedures and training should include instructions concerning protective measures, including appropriate and tailored assistance, to be applied when indications of trafficking, exploitation or risk of trafficking are found, in collaboration with national and local authorities and civil society organizations;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 128
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop minimum standards at the regional level on support and services to be provided to victims of trafficking in order to enhance the level of protection, assistance and recovery. Special attention should be given to victim identification, repatriation, access to shelter, medical and psychosocial assistance, and rehabilitation, in line with the standards set out in international instruments and guidelines.
- 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
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70a
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Address trafficking in persons in conflict situations in a systematic manner, starting from the outset of the conflict, even if incidents of trafficking have not been previously detected, and identify trafficking cases or risks of trafficking at an early stage, including trafficking for the purpose of sexual exploitation and labour exploitation or other forms of exploitation in source, transit or host countries;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 73
- Paragraph text
- The national legal framework should provide for both civil and criminal liability of legal persons, such as pharmaceutical and insurance companies and medical establishments, for involvement 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
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 36
- Paragraph text
- States should intensify training for the judiciary, prosecutors and lawyers on laws and issues pertaining to the rights of trafficking in persons and relevant legal procedures.
- 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
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 87
- Paragraph text
- Criminal justice responses to trafficking in persons for the removal of organs are an essential aspect of a rights-based response, i.e. addressing the impunity of exploiters and seeking to secure justice for 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
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prevention of trafficking in persons 2010, para. 66
- Paragraph text
- Without prejudice to the human rights of trafficked persons, States should carefully examine the characteristics of individuals who are trafficked from a particular community in order to effectively address factors that increase people's vulnerability to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- In order to enable trafficked persons to exercise their right to compensation in a meaningful manner, States should provide trafficked persons with the necessary means, assistance and status, namely, access to information, free legal assistance and other assistance necessary to ensure their full recovery, and regular residence status. In addition, States should guarantee the right to privacy, safety and witness protection for trafficked persons taking part in legal proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 69
- Paragraph text
- Increased efforts should be made to train key stakeholders, in particular prosecutors and judges, on laws and issues pertaining to trafficking in persons. Training, education and sensitization aimed at other actors, and society at large, could also make a crucial contribution to the effective implementation of the right to an effective remedy for trafficked persons, including through the promotion of a victims' rights culture and measures to counter stigma.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 82
- Paragraph text
- All victims of trafficking in persons for the removal of organs have a right to immediate protection from further harm and to the necessary medical, psychological and other support. States should review existing procedures, protocols and practices of protection and assistance to victims of trafficking with a view to ensuring that these meet the particular needs of victims of trafficking in persons for the removal of organs, for example in relation to provision of follow-up medical care. States should develop specialized protection, assistance and support services for victims of trafficking in persons for the removal of organs to the extent that such are required to meet their needs.
- 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
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 133
- Paragraph text
- [The role of regional organizations is also to promote an effective prosecutorial and judicial response, with a victim-centred approach. To that effect, regional organizations should:] Establish case monitoring and analysis systems to identify lessons learned and address barriers to effective responses to human trafficking. On that basis, develop handbooks or guidelines that include standard operating procedures on how to investigate and prosecute trafficking cases.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Due diligence and trafficking in persons 2015, para. 49
- Paragraph text
- Due diligence in identifying victims should be pre-emptive and addressed to a wide range of actual and potential victims rather than a post-hoc measure tied to criminal processes. Due diligence in assisting and protecting victims should be tailored to their individual preferences and needs and not conditional on their cooperation with authorities.
- 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
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 62
- Paragraph text
- Finally, while the Special Rapporteur in the present report raises international awareness of the forms and nature of trafficking in persons related to the complex situation of conflict, she by no means deals exhaustively with all such forms and types of trafficking. As new types of conflict arise and modern means of combat are used, further research is required to identify new and emerging forms of trafficking related to conflict.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 63
- Paragraph text
- In the efforts to enhance the implementation of the right to an effective remedy for trafficked persons, the Special Rapporteur also makes the following recommendations.
- 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
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 65
- Paragraph text
- States should provide trafficked persons with assistance in realizing their full recovery on a non-conditional basis, duly taking into account the individual circumstances and needs of each trafficked person.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66g
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are paid in legal tender and provided written, itemized pay slips or receipts in a language they understand, indicating wage rates, hours worked, total pay and any legally authorized deductions made by the employer;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 119
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Conduct regular regional training courses, assist in developing and improving curricula for national level training, collect and compile information on existing training programmes at the regional and national level, and conduct regular training needs assessments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Due diligence and trafficking in persons 2015, para. 47
- Paragraph text
- While due diligence does not require uniform outcomes from differently situated States, as an obligation of conduct that must be exercised in good faith, it does require States to take reasonable measures that have a real prospect of altering outcomes or mitigating harms and to assess their effectiveness. 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.
- 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
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- A range of conditions particular to, or commonly associated with, situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved in cross-border trafficking of arms, drugs and other illicit products that have the capacity to expand into trafficking in persons and that are in a position to take advantage of additional opportunities to generate profit. A weak or non-existent justice and protection system that perpetuates impunity fails to protect the most vulnerable groups and individuals of society from exploitation. Porous borders that make border crossing easier further contribute to trafficking. Other factors include a high prevalence and toleration of violence that extends beyond armed forces to include communities and families, as well as pressure to move, leading to dangerous migration decisions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Families
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph