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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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 59
- Paragraph text
- Addressing demand. Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. Both mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined that demand in detail in the context of a review of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, the Special Rapporteur recommended that States take steps to understand the nature of demand and develop measures to discourage it, based on accurate information and experience. Basic human rights, including the prohibition on discrimination, should further guide this process. The Special Rapporteur also noted the importance of ensuring that measures to address demand do not themselves negatively affect individual rights and freedoms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Due diligence and trafficking in persons 2015, para. 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 55
- Paragraph text
- However, during conflict even the most basic and urgent victim protection measures may be difficult to secure. For example, effective protection to the victims of forced marriage and sexual enslavement at the hands of ISIS and Boko Haram is proving challenging. Post-conflict societies may also lack the capacity to undertake necessary risk assessments and provide required protections to victims and potential victims of trafficking due to inadequate or non-existent referral mechanisms. Moreover, trafficking in persons is currently not taken into consideration within existing humanitarian and peacekeeping operations in conflict and post-conflict situations. As a result, many victims and potential victims of trafficking, especially those fleeing conflict, remain undetected, primarily due to lack of trained officials likely to encounter and identify possible victims of trafficking in persons, such as law enforcement, peacekeepers and humanitarian personnel. Victims may also refrain from seeking protection due to the social stigmatization linked to certain forms of trafficking, including sexual exploitation, possible retaliation from traffickers, discrimination or mistrust of authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- The majority of States have enacted anti-trafficking laws. Of those States that have adopted such laws, 41 per cent have reported no trafficking convictions, or fewer than 10, per year, a figure that reveals the extent of impunity for perpetrators involved in the crime of trafficking in persons, whether government employees, members of the military or peacekeeping, humanitarian and other international personnel during conflict and post-conflict situations. Impunity is a contributing factor to trafficking in persons. The accountability of those who engage in trafficking in persons in situations of armed conflict mitigates the risks of trafficking. In cases where national criminal justice systems fail or lack the jurisdiction to appropriately respond to trafficking, the possibility of international, hybrid or regional courts prosecuting cases of trafficking, within the scope of their jurisdiction, with the possibility of including crimes of human trafficking within the legal statutes of such courts so as to ensure accountability and fight impunity, is a matter under discussion.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 14
- Paragraph text
- Restitution is aimed at restoring the situation that existed prior to the violation. Measures of restitution in the context of trafficked persons may include, for example: the release of the trafficked person from detention (whether such detention is imposed by traffickers, the State or any other entity); return of property such as identity and travel documents and other personal belongings; recognition of legal identity and citizenship; safe and voluntary repatriation to the country of origin; and assistance and support necessary to facilitate social integration.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 79
- Paragraph text
- Articles 12 to 14 of the United Nations Convention against Transnational Organized Crime requires States parties to have sufficient powers to facilitate the seizure of assets, and sets out the requirements and procedures for it. Article 23, paragraph 3 of the Council of Europe Convention on Action against Trafficking in Human Beings states that each party to the Convention should adopt "such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 75
- Paragraph text
- Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 76
- Paragraph text
- Commitment to consulting those who will be or would have been affected by potential measures is essential to a human rights-based approach to human trafficking. States should aim to set a high standard for consultation, which may counteract a discourse in which trafficked persons are seen only as victims with little agency, and thus excluded from negotiations. It may also act as a further precedent for such groups to be involved as active subjects in any proposals which would affect their futures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
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".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 25
- Paragraph text
- Case studies examined by the Special Rapporteur involving victims from Eastern Europe, South America and Asia indicate that poor and often desperate individuals are lured into selling their organs on the promise of considerable payment that is almost never made in full. Many are also deceived about the nature of the procedure, the risks involved and the follow-up care required or to be provided. Debt bondage and extortion are used as forms of coercion. Passports are commonly withheld as a means of maintaining control over the movement of the victim before the operation. Efforts to back out of an agreement to sell an organ are met with violence and threats of violence. After the transplantation, organizers continue to threaten victims in order to ensure their silence. Victims are not offered adequate post-operative medical care and suffer physical and psychological harm and social exclusion.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 52
- Paragraph text
- States have a duty to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 40
- Paragraph text
- The mandate holders have been mindful that prevention of future trafficking must be based on a thorough and nuanced understanding of the root causes of this phenomenon, including the factors that make some people more vulnerable than others to exploitation related to trafficking. Such an understanding also helps to guide more effective responses, for example by helping to identify persons and groups at risk of trafficking and by shaping public and official understanding about how trafficking happens and why. Furthermore, attention to underlying causes helps to counteract the prevailing narrative in reporting on these issues, dominated by sensationalist stories about victims of trafficking, which routinely overlook the underlying social and economic factors that led to the violation of their human rights (A/67/261, para. 42).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 44
- Paragraph text
- Victim identification is fundamental to the realization of victim rights. By not identifying victims swiftly and accurately States effectively and permanently deny victims the rights to which they are legally entitled (ibid., para. 91). Both mandate holders have drawn attention to the failure of criminal justice systems to identify trafficking victims, who instead are often arrested, detained, charged and prosecuted for entering a country and working irregularly, or engaging in prostitution. As noted by the Special Rapporteur, "victims are simply treated as criminals and are arrested and deported with no opportunity to be identified and provided with the necessary assistance as trafficked victims" (A/64/290, para. 91). Both mandate holders have advocated for more thorough and collaborative approaches to victim identification. The Special Rapporteur has repeatedly encouraged greater cooperation between victim support agencies and front line officers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
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;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph