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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
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. 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
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
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
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
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
Due diligence and trafficking in persons 2015, para. 44
- Paragraph text
- States that have failed to exercise due diligence to address trafficking by non-State actors incur international responsibility that requires them to provide an effective remedy for victims of trafficking in persons. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies.
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Due diligence and trafficking in persons 2015, para. 50
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking requires that laws criminalize all forms of trafficking, including for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict. The extraterritorial application of due diligence obligations is furthered by measures such as incorporating extraterritorial jurisdiction into national legislation criminalizing trafficking and through inter-State cooperation 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
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
- 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. 106
- Paragraph text
- States should ensure workers have access to free, comprehensive and accurate information regarding their rights and the conditions of their recruitment and employment.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 61
- Paragraph text
- Trafficking in persons for the removal of organs is, first and foremost, a violation of human rights. All States have an international legal obligation to prevent it, to prosecute offenders and to protect and assist victims. This obligation arises through the application of specialist trafficking in persons laws and through international human rights 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
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 59
- Paragraph text
- States and stakeholders should continue using communications, which generally provide an important vehicle to remind States individually of their international legal obligations with respect to responding effectively to trafficking and ensuring that the rights of victims under their jurisdiction or control are protected and respected.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Due diligence and trafficking in persons 2015, para. 45
- Paragraph text
- Due diligence requires States to take a comprehensive, integrated and holistic approach to ensuring the human rights of trafficked persons and persons at risk of being trafficked. Meaningful and substantive human rights due diligence provides a necessary framework to ensure policy coherence between anti-trafficking policy and related policy areas such as immigration and labour market policies.
- 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
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 70
- Paragraph text
- All States should prohibit, absolutely and unconditionally, the removal of organs from executed prisoners and further prohibit the "donation" of organs by persons in official custody.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Due diligence and trafficking in persons 2015, para. 43
- Paragraph text
- Under international law, States are required to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking in persons and to ensure remedies.
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 68
- Paragraph text
- Particular attention should be paid in legal proceedings involving trafficked persons to procedural guarantees such as the right to privacy, safety and witness protection.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 118
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Establish or improve mechanisms for data collection and information exchange.
- 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
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph