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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
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
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 31
- Paragraph text
- Strategies to promote transparency in supply chains at the legislative level are enhanced by efforts to go beyond auditing in supply chain due diligence, to integrate workers’ voices and empowerment through new policy, communications and grievance mechanisms, and to increase company focus on remedy and the strengthening of corrective action. These trends and others formed the basis of the consultations.
- 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
- 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. 17
- Paragraph text
- In the past few years, at the State level, the above-mentioned due diligence principle and the need to ensure businesses accountability have been at the core of national legislation developed to respond to consumer demands for more transparency in the activities of businesses and their impact on trafficking in persons and forced labour.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 26
- Paragraph text
- Responding to a lack of State regulation and poor enforcement of international standards, as well as to consumer demand for greater levels of transparency and compliance with those standards, businesses have also tried to address these issues through a commitment to voluntary standards and assurance programmes, by establishing their own programmes or by engaging with a multi-stakeholder initiative. How trafficking in persons is addressed by such initiatives is the focus of the present report.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
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
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 100
- Paragraph text
- States should adopt, review and, where necessary, strengthen national laws and regulations and consider establishing, regularly reviewing and evaluating national fair recruitment commitments and policies, with the participation of employers’ and workers’ organizations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 103
- Paragraph text
- States should ensure that there is an effective and sufficiently resourced labour inspectorate, and that its staff is empowered and trained to investigate and intervene at all stages of the recruitment process and employment for all workers and all enterprises, and to monitor and evaluate the operations of all labour recruiters.
- 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
- Person(s) affected
- All
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 72
- Paragraph text
- Multi-stakeholder initiatives should cooperate with State authorities by sharing lessons learned and experiences in standards implementation, to analyse gaps in regulations and State policy regarding the elimination of trafficking in persons and promote the adoption of a relevant legal framework and effective law enforcement measures.
- 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
- 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. 21
- Paragraph text
- Feedback generated from consultations held with multi-stakeholder initiatives and private sector representatives indicated that while this type of legislation represents a good starting point for most companies and facilitates the mainstreaming of transparency efforts in smaller companies, more transparency is needed. In addition, private sector stakeholders consulted agreed on the need for stronger normative frameworks at the State level that would establish, based on international standards, clear expectations for businesses regarding their obligations to respect workers’ rights and to protect workers from labour abuses. Stronger normative frameworks would not only help businesses to ensure that their suppliers are bound to the same level of commitment regarding the elimination of trafficking in persons and respect for workers’ rights, but would also help to guarantee an even playing field for those who conduct their operations in accordance with those standards.
- 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
- 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. 98a
- Paragraph text
- [States should:] Adopt effective legislation requiring transparency in supply chains, human rights due diligence throughout supply chains, public reporting and disclosure by businesses, as well as measures relating to procurement practices, and guarantee the implementation of such legislation;
- 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
- 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. 98f
- Paragraph text
- [States should:] Encourage knowledge-sharing activities with multi-stakeholder initiatives through, inter alia, the establishment of platforms for the exchange of experiences, lessons learned and good practices on voluntary standards that can help in strengthening national and local strategies to enforce and monitor labour standards.
- 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
- Person(s) affected
- All
- Year
- 2017
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
Trafficking in persons in conflict and post-conflict situations 2016, para. 56b
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Right to protection. International law requires States to ensure that victims of trafficking under their jurisdiction or effective control are protected from further exploitation and harm. To that end, States are required to take reasonable measures, within the scope of their powers, to move the victim out of the place of exploitation to a place of safety; attend to the victim's immediate medical needs; assess and address the risk of the victim being subject to intimidation or retaliation; and protect the victim's privacy. However, during conflict, even the most basic and urgent victim protection measures may be difficult or impossible to secure;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- In the above-mentioned report, the Special Rapporteur also identified the entitlement of victims of trafficking to due diligence protection and prevention against trafficking in persons by States, whether in times of conflict or otherwise (A/HRC/32/41, para. 56). These rights include: the right to be identified; the right to protection; the right to assistance and support; access to remedies; and the right to safe return/protection from retrafficking/protection from persecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 56d
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Access to remedies. International law provides victims with the right to adequate and appropriate remedies for the harm they have suffered. The form of remedy should, as far as possible, expunge the consequences of the breach and re-establish the situation that existed prior to its occurrence. In trafficking cases, compensation for harm as well as for material losses, such as unpaid wages, is an important form of remedy. As the mandate of the Special Rapporteur has amply demonstrated (A/HRC/17/35, A/HRC/17/35/Add.6 and A/HRC/26/32), the right to a remedy is often not effectively available to trafficked persons because laws, policies and mechanisms for such remedies are weak or non-existent and even where the necessary infrastructure is in place, victims frequently lack information on the possibilities and processes for obtaining remedies. Conflict exacerbates the scale and impact of these obstacles. Where trafficking-related exploitation occurs within a situation of conflict, the possibility for victims to secure adequate and appropriate remedies is remote because the State most directly concerned often lacks the capacity to deliver such remedies, and it is difficult or impossible to determine who is legally responsible for providing access to remedies and how this responsibility can be enforced;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 76a
- Paragraph text
- [The United Nations should:] Continue its efforts to implement and reinforce the United Nations zero-tolerance policy for sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in 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
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 71a
- Paragraph text
- [The United Nations should:] Continue its effort to implement and reinforce the United Nations zero- tolerance policy on sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in 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
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 58
- Paragraph text
- With regard to gaps in the financial capacity of actors to address human trafficking, the subject of international cooperation between States to, inter alia, finance existing mechanisms such as the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery has been raised. These funds can be used to provide much needed resources and capacities to humanitarian actors, who often bear the burden of providing protection from within limited means, and sometimes beyond their range of abilities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 54
- Paragraph text
- States are required by international law to take effective measures to ensure that victims of trafficking under their jurisdiction or effective control are protected from further exploitation and harm.
- 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
- 2016
Paragraph
Due diligence and trafficking in persons 2015, para. 19
- Paragraph text
- In practice, due diligence has been applied mainly as a reactive obligation, often leading States to focus on post-hoc anti-trafficking measures, such as investigation and prosecution of trafficking. Instead, properly constituted, the due diligence standard enables States to take a proactive and long-term approach that focuses, for example, more closely on the prevention arm of due diligence. It also requires States to take a holistic approach that evaluates how due diligence in each of the different areas of anti-trafficking - such as prevention, prosecution, and punishment - interact with each other. For example, providing adequate protection and assistance to victims of trafficking in persons after they have been identified is also often necessary to prevent instances of retrafficking. Due diligence should be taken into account before, during and after each anti-trafficking intervention by not only considering each individual measure on its own terms, but also how it intersects with other anti-trafficking 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 30
- Paragraph text
- Human rights due diligence also requires effective investigation and prosecution that aims to avoid impunity, is independent, prompt and "must also be capable of leading to the identification and punishment of individuals responsible." One example of effective due diligence practice in the investigation, prosecution and punishment of trafficking is enhanced cooperation between practitioners who are working to counter money laundering and trafficking in human beings, including by promoting the use of financial investigations linked with trafficking in persons-related offences. For example, in the United States, authorities, in cooperation with banks and technology vendors, have established transaction-monitoring systems to capture transaction patterns and behaviour typical of human trafficking.
- 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
Due diligence and trafficking in persons 2015, para. 24
- Paragraph text
- The present mandate holder has previously emphasized that States have a due diligence obligation to identify trafficked persons, which is foundational for ensuring many other aspects of a State's due diligence obligations with regard to trafficking in persons, such as investigation and prosecution of traffickers, and assistance and protection for trafficked persons. In practice, however, victim identification continues to be a huge hurdle in ensuring the rights of trafficked persons. The identification of victims is very often post hoc and too closely tied to the need to identify victims for criminal or immigration processes, rather than being pre-emptive in circumventing situations of exploitation that may increase susceptibility to trafficking.
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 35
- Paragraph text
- The Council of Europe Convention on Action against Trafficking in Human Beings, which entered into force in February 2008, applies to all forms of trafficking, whether national or transnational, all victims of trafficking and all forms of exploitation. The Convention is open to ratification by States which are not members of the Council of Europe. The countries which have signed up to the Convention are monitored by the Group of Experts on Action against Trafficking in Human Beings. The Council of Europe also supports governments in the implementation of the Convention and the recommendations emerging from its monitoring 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
- N.A.
- Year
- 2015
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
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
Due diligence and trafficking in persons 2015, para. 34
- Paragraph text
- Under international human rights law, States have an obligation to ensure a right to remedy for victims of human rights violations. As noted earlier, the failure of States to exercise due diligence in relation to trafficking by non-State actors gives rise to an obligation to provide remedies; in this respect, the due diligence principle is a "long-standing exception" to the general rule that State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. 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. Such remedies should have "transformative potential", meaning they should not be about returning individuals to the pre-trafficking context, but should "subvert instead of reinforce pre-existing patterns" that cause violations.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 35
- Paragraph text
- The right to an effective remedy for victims of trafficking in persons should be interpreted and applied without discrimination, including to non-citizens. A victim-centred and human rights-based approach to remedies centres the human rights of trafficked persons in all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims. This includes ensuring that anti-trafficking measures do not adversely impact the human rights of victims of trafficking in persons and non-conditionality of victims' access to remedies, meaning that remedies, including assistance and protection, must not be dependent on the victim's willingness to cooperate with authorities. For example, in Moldova the Government provides a minimum assistance package that includes physical, psychological and social recovery measures, where access to "assistance should not be dependent on the victim's willingness to participate in the prosecution of traffickers."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
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
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