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Prevention of trafficking in persons 2010, para. 12
- Paragraph text
- The present report focuses on the prevention of trafficking in persons, which is an integral part of the comprehensive framework to combat and eradicate such trafficking. While the increased attention on the issue of trafficking in recent years has resulted in numerous initiatives and programmes aimed at preventing trafficking in persons, there are concerns that some of them result in the violation of human rights of trafficked persons, particularly when they are not designed on the basis of accurate data and evidence or when the impact and effectiveness are not closely monitored and evaluated.
- 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
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 15
- Paragraph text
- Through the adoption of the Universal Declaration of Human Rights, Member States pledged to promote universal respect for and observance of human rights and fundamental freedoms. In combating trafficking in persons, this is a fundamental starting point that which warrants more attention than it currently receives, as violations of human rights are both a cause and a consequence of trafficking in persons (E/2002/68/Add.1, guideline 1). Thus, universal respect for human rights must be ensured not only as a goal in itself, but also as a means of preventing trafficking in persons while placing the human rights of trafficked persons at the centre of all prevention efforts.
- 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
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 75
- Paragraph text
- Another essential step in guaranteeing the protection of victims is the establishment of adequate referral mechanisms. OSCE has been very active in this regard, promoting the establishment of national referral mechanisms and victim assistance systems at the national level, in order to ensure that all victims have access to support services tailored to the individual victim's needs, from the point of identification up to that of reintegration in society. In this regard, OSCE has developed a practical handbook on "National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- 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. 77
- Paragraph text
- Finally, the CoE Convention sets out a wide range of assistance measures, including physical and psychological assistance and support for the reintegration of victims of trafficking into society. Medical treatment, counselling and information as well as appropriate accommodation are all among the measures provided. Victims are entitled to a minimum of 30 days to recover and escape the influence of the traffickers and to take a decision regarding their possible cooperation with the authorities. A renewable residence permit may be granted if their personal situation so requires or if they need to stay in order to cooperate in criminal investigations.
- 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
- 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. 86
- Paragraph text
- The right of trafficked victims to redress is recognized by the Palermo Protocol, which states that "Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered" (art. 6.6). The OHCHR Guidelines also recommend that "States shall ensure that trafficked persons are given access to effective and appropriate legal remedies" (Principle 17), and that "States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal persons involved in trafficking. To the extent possible, confiscated assets shall be used to support and compensate victims of trafficking" (Principle 16).
- 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
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 88
- Paragraph text
- The right to access effective legal remedies including compensation for victims of trafficking is dealt with for the first time in a regional legally binding instrument in article 15 of the CoE Convention. This article stipulates that victims should have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. They should also have access to free legal aid. This article also recognizes the right of victims to compensation and requests States parties to adopt legislative and other measures to guarantee compensation for victims. These measures can include the establishment of a fund for victim compensation and measures or programmes aimed at social assistance and integration of victims, which could be funded by confiscated traffickers' assets and proceeds. In 2008, OSCE also published a study on "Compensation for Trafficked and Exploited Persons in the OSCE Region".
- 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
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 97
- Paragraph text
- In some regions, cooperation efforts are mainly focused on investigating and prosecuting trafficking crimes. While this is welcome, efforts should be made to prioritize protection and assistance to victims. Efforts oriented at adopting new criminal laws and enhancing cross-border judicial cooperation to prosecute traffickers are necessary but not sufficient in themselves. Adopting a human rights-based approach to combating trafficking allows countries to tackle this phenomenon in a comprehensive and effective way, putting the rights of the victims at the centre of the process in accordance with international human rights law. A human rights-based approach also allows for effective prosecution of traffickers, putting the emphasis on the right to effective remedy for the victim. The right to access effective legal remedies and the right to compensation for victims of trafficking have received attention only from a few regional and subregional mechanisms.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- The right to an effective remedy is a fundamental human right for all persons, including trafficked persons, which States must respect, protect and fulfil in accordance with international human rights law. It is also a well-established doctrine of international law that a State has an obligation to provide remedies where an act or omission is attributable to it and constitutes a breach of an international obligation of the State. In the context of trafficking in persons, States are under 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.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- The Special Rapporteur engaged in further dialogues with a number of stakeholders following the presentation of the Human Rights Council report and found that the obstacles discussed above in successfully obtaining remedies are still common in many parts of the world. As far as compensation is concerned, research conducted by the European Action for Compensation for Trafficked Persons project ("COM.PACT project") demonstrated that although there is an emerging awareness about the right to compensation for trafficked persons and the legal frameworks in these European countries allow trafficked persons to claim compensation, the actual receipt of a compensation payment by a trafficked person is extremely rare. While there is a variety of factors that negatively affect trafficked persons' ability to claim compensation, the most common reasons include the lack of knowledge on the part of trafficked persons about their right to compensation, restrictive eligibility criteria for State-funded compensation funds, the failure of law enforcement authorities to confiscate assets or to use confiscated assets to compensate trafficked persons and the lack of jurisprudence on compensation for trafficked persons. Further, discussions at the international round table on "Compensation for trafficked persons in Belarus, Moldova and Ukraine", organized by La Strada Belarus on 10 June 2011, revealed that such obstacles as the lack of information about the right to compensation, the lack of knowledge on the part of judges and lawyers about the victims' right to compensation and the absence of legal aid, significantly reduce trafficked persons' chances of successfully claiming 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 19
- Paragraph text
- At the procedural level, victims of human rights violations must be guaranteed access to a competent and independent authority in order to successfully obtain reparations. Such an authority must have the power to investigate and decide whether a human rights violation has taken place, and if so, to enforce reparations. If the victims are to be provided with meaningful access to such an authority, they must be guaranteed of a set of ancillary rights. First, the victims should be provided with relevant information concerning the right that has been violated, and on the existence of, and modalities for gaining access to, reparation mechanisms. Secondly, they should be provided with legal, medical, psychological, social, administrative and any other assistance that they may require in order to exercise the right to an effective remedy in a meaningful manner.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 27
- Paragraph text
- A related concern is the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation. Given the high degree of trauma experienced by trafficked persons, empirical evidence suggests that a minimum period of 90 days is required in order to ensure that the cognitive functioning of trafficked persons improves to a level at which they are able to make informed and thoughtful decisions about their safety and well-being, and provide more reliable information about trafficking-related events. This issue of a "reflection and recovery period" will be explored further in section D, subsection 3.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- Compensation through criminal proceedings may be awarded to victims as part of the penalties imposed upon finding the accused persons guilty of the offence as charged. While some successful cases have been reported, experience shows that the awarding of compensation for trafficked persons through criminal proceedings is the exception rather than the rule. In some countries, courts may not even consider compensation for trafficked persons, as it is not common practice for victims of any crime to be awarded compensation through criminal proceedings. The possibility of compensation through criminal proceedings also hinges upon identification, arrest, trial and conviction of traffickers, which remains difficult in 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators. These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations. Guarantees of non-repetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- First and foremost, information relating to trafficked persons' rights and mechanisms available to seek remedies is critical in ensuring their access to remedies. Trafficked persons can only seek remedies if they are aware of their rights and how to access such remedies. The importance of providing information is stressed in the Palermo Protocol, which requires States Parties to establish measures that provide trafficked persons with "information on relevant court and administrative proceedings". Experience indicates, however, that there is very little evidence of State practices in informing trafficked persons about their right to remedies, and the provision of information to trafficked persons in a manner that is appropriate in terms of language, content, form and timing remains a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 47
- Paragraph text
- As judicial and administrative proceedings are often complex in many jurisdictions, legal assistance is essential to enable trafficked persons to claim compensation, especially where they are not familiar with the legal system of the country concerned. While not specifically referring to "legal" assistance, article 6, paragraph 2 (b), of the Palermo Protocol mandates States to provide "assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence". More specifically, paragraph 9 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking provides that "legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil or other actions against suspected traffickers". Furthermore, trafficked persons should be provided with legal assistance free of charge. Trafficked persons who have just escaped from their traffickers often have no financial means to afford legal assistance, given their financial dependence on their traffickers who use debt bondage as a control tool.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 38
- Paragraph text
- For a voluntary code of conduct or initiative to be effective in preventing human trafficking in supply chains, it is not sufficient for it to simply state a commitment to combating human trafficking. It should, at a minimum, provide for the undertaking of a risk assessment to map out all actors involved in the supply chain and identify where the risks of human trafficking may be present. This should be followed by the development and implementation of a high-level, company-wide policy prohibiting trafficking and trafficking-related acts at all levels of the supply chain. The implementation of the policy by all suppliers should be monitored and assessed by social auditors who are properly trained in the issue of human trafficking. The policy should also contain a set of remedial measures that a company should take if trafficking cases are found in supply chains, such as referral to victim support agencies and ensuring victims' access to grievance mechanisms. In developing corporate strategies to prevent and combat trafficking in supply chains, businesses should also consult and cooperate with civil society organizations with expertise in trafficking issues.
- 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
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 43
- Paragraph text
- The above analysis attests that, to address human trafficking in supply chains effectively, a multi-stakeholder approach is warranted. Human trafficking in supply chains not only involves States' failure to prevent trafficking through legislative or other measures, but also companies' failure to refrain from using trafficked labour or to prevent trafficking committed by its partners. The roles of consumers and the media are also significant, given that they are able to shape corporate behaviour by affecting companies' bottom line. The solution to the problem of human trafficking in supply chains lies beyond the reach of any single stakeholder, whether State or company. To address risks of trafficking in supply chains in an effective and sustainable manner, a broad vision and strategy based on cooperation and partnership among all relevant actors are crucial.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 24
- Paragraph text
- In many cases, criminalization is tied to a failure of the State to identify the victim correctly; trafficked persons arrested, detained and charged not as victims of trafficking, but as smuggled or undocumented workers. The Special Rapporteur notes that efforts to identify trafficked persons as victims deserving of protections are often complicated by the problem of "imperfect" victims. Some victims may have committed crimes, whether willingly or as a result of force, fraud or coercion, prior to becoming or in conjunction with becoming a trafficking victim, thereby making it hard to distinguish victims from perpetrators.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 29
- Paragraph text
- Other laws provide more limited protection for trafficked persons. For example, in Azerbaijan, trafficked persons are exempt from liability only for deeds committed under coercion or intimidation while being trafficked. In Jamaica, the law provides for immunity from prosecution if a victim of trafficking breaches immigration or prostitution laws. In Slovakia, while criminal liability for victims is not explicitly excluded, being a victim of trafficking is considered to be a mitigating circumstance. Lithuanian law currently provides that victims of trafficking not be punished for engaging in prostitution; draft amendments to the Penal Code exempt victims of trafficking from any criminal act committed as a direct consequence of their situation.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 57
- Paragraph text
- Proactive investigations that seek to collect evidence to obviate or support victim testimony are another way for States to realize their due diligence obligation to prosecute trafficking without unduly burdening victims. The Special Rapporteur notes that alternative or corroborative evidence may be difficult to collect in trafficking cases because of limited resources and a lack of trained officials, particularly in States most affected by trafficking. The situation may also be compounded by the hidden nature of the crime and the lack of concrete records or indicators of criminal activity. It is important to acknowledge that substituting victim testimony with alternative evidence may not allow for full and effective prosecution. Nevertheless, the added value of such evidence merits attention, not least because the discovery of additional or corroborative evidence may alleviate some of the pressure put on victims during the prosecution process.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 58
- Paragraph text
- The development of alternative evidence-gathering techniques has received some attention from States, particularly in recent years. In 2009, a memorandum issued by the Government of India (see also paragraph 30 above) stated that, in order to increase conviction rates, States should build cases based on documentary, forensic and material evidence and lessen the degree of reliance on victim-witness testimony. In the United States, at both the State and federal levels, experts have commented on the value of bolstering a victim's testimony with alternative forms of evidence through such methods as surveillance exercises, subpoenas of phone records, interviews of numerous witnesses and victims, public record searches, information received from confidential informants and warrants to search cars, homes and e-mail. Similarly, reviewing potential sources of evidence, such as transportation receipts, phone records and social websites, has been reported as helpful in bolstering victim testimony.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 59
- Paragraph text
- Another good practice is where States have taken measures to provide victim-witnesses with important information about participation in the justice process and to address privacy and safety concerns during trials. In the United Kingdom of Great Britain and Northern Ireland, the Crown Prosecution Service has a policy of keeping victims informed about case developments, hearing dates, verdicts and sentences. In order to help agencies provide victim-witnesses with information in a language they understand, UNODC and the Global Initiative to Fight Human Trafficking (UN.GIFT) have developed a tool, "VITA", to identify the nationality and language of trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 61
- Paragraph text
- Success has been achieved in Nigeria through the creation of a national agency for the prohibition of traffic in persons and other related matters. The agency's mandate is two-fold: law enforcement and providing victims with assistance. It recently reported that it had secured convictions against 111 individuals for trafficking violations and rehabilitated more than 4,000 victims since it began its work in 2003. The agency works with other federal agencies, civil society and international organizations to coordinate victim assistance and centralize information on anti-trafficking activities, and has helped to establish State-level anti-trafficking committees.
- 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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 66
- Paragraph text
- International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal justice process.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph