Search Tips
sorted by
30 shown of 60 entities
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
The issue of trafficking in persons for the removal of organs 2013, para. 71
- Paragraph text
- The national legal framework should clearly identify criminal responsibility, ensuring that it extends to intermediaries, brokers, medical and transplant staff and technicians who are involved 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
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 76
- Paragraph text
- All States should review laws and policies around transplantation to ensure that there are no gaps or incentives that would encourage or facilitate trafficking in persons for the removal of organs. For example, it is well established that permitting live transplantation from unrelated donors carries particular risks of exploitation, as does providing incentives to "donors" that go beyond reimbursement of genuine costs.
- 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
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 21
- Paragraph text
- The restricted scope of the present report is a reflection of the mandate of the Special Rapporteur. It also reflects an appreciation of human exploitation for the purposes of organ transplantation, primarily from living sources, as a discrete problem that requires specific solutions. It is important, however, to acknowledge that this issue cannot be fully separated from broader questions around transplantation, including those relating to equitable allocation of organs and approaches to dealing with organ shortages. The exploitation of human beings for purposes of organ transplantation is also linked to other commodification practices, such as transnational commercial surrogacy, which hold special dangers for the rights and dignity of the world's poorest and most vulnerable, and to broader questions of justice and rights that arise in the context of medical tourism.
- 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
- N.A.
- Year
- 2013
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.
- 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
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
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. 10
- Paragraph text
- In her first report to the Human Rights Council (A/HRC/10/16), the Special Rapporteur stressed the continued existence of huge demand and supply of trafficking, and the need for an in-depth study into the demand. The Special Rapporteur has noted that different United Nations experts have drawn different conclusions about what measures are appropriate to discourage demand, particularly in the case of demand for sexual services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- 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. 26
- Paragraph text
- In the course of her work the Special Rapporteur has also actively solicited input from the private sector and from persons and institutions with particular expertise. In relation to specialist subjects, such as trafficking in persons for the removal of organs, the Special Rapporteur has sought external expertise from the medical and transplant communities, in an effort to ensure the accuracy of her reporting and the practical relevance of her recommendations, as well as to improve understanding among relevant stakeholders.
- 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
- N.A.
- Year
- 2014
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
The issue of trafficking in persons for the removal of organs 2013, para. 92
- Paragraph text
- States should cooperate with the national medical and transplant community to ensure that practitioners are aware of their legal obligations and to promote the development of an ethical culture around transplantation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 29
- Paragraph text
- In April 2013, five Kosovars, including three medical practitioners, were convicted of involvement in an organ trafficking syndicate that lured poor people from the Republic of Moldova, the Russian Federation and Turkey to Kosovo to sell their kidneys and other organs to wealthy transplant recipients from Canada, Germany, Israel and the United States of America. Recipients were charged up to $130,000. Victims, including five children, were promised payments of up to $26,000 and signed false documents in which they indicated that they were engaging in an altruistic donation to a relative. Many received no compensation or inadequate medical care. The European Union Rule of Law Mission in Kosovo has since announced further investigations that will target government officials allegedly involved in the syndicate.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 30
- Paragraph text
- There is growing evidence that Sudanese migrants making their way to Europe with the help of smugglers are allegedly being targeted for organ harvesting in Egypt. Smugglers detain them in Cairo and demand large sums of money for travel and other costs. Victims are often deceived into consenting to sell their organs or are unaware that their organs will be removed as a way of discharging the alleged debt (see A/HRC/20/30). In 2011, 57 such victims, including five children, reported a deterioration of their health and negative social, economic and psychological consequences following the experience.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
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
The issue of trafficking in persons for the removal of organs 2013, para. 45
- Paragraph text
- Regulation of deceased organ donation. The way in which deceased organ donations are regulated can also affect trafficking in persons for the removal of organs. For example, it is argued that the opting-out system, whereby persons are presumed to have consented to donation unless otherwise indicated, will increase the number of organs available for transplantation, thereby reducing the various incentives that feed trafficking in persons for the removal of organs. It is important to note, however, that these approaches also carry risks with regard to the rights of vulnerable persons. For example, studies have found that such laws penalize the poor and illiterate, who lack the time, resources and knowledge to actively opt out. Presumed consent laws could also encourage the withholding of life-saving measures from unprotected persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Person(s) affected
- All
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 46
- Paragraph text
- Outside of the rules and standards that apply to trafficking in persons, the international legal framework around many of the practices examined herein is extremely weak. For example, as shown above, there is no clear international prohibition against transplant tourism and very few States have succeeded in legislating effectively in the area. Commercialization of transplantation is subject to strong censure by WHO and professional groups and has been banned by many countries, but international law is silent on this issue. This lacuna creates gaps and weaknesses that prevent strong national responses, inhibit cross-border and international cooperation and obscure the very real human rights issues that lie at the heart of transplantation-related exploitation.
- 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
- N.A.
- Year
- 2013
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 18
- Paragraph text
- Compensation should be provided for economic assessable damage to the extent that such damage cannot be made good by restitution. It may be provided as payment for a wide range of injury, loss or damage caused by the offender, including, for example: costs of the medical, physical, psychological or psychiatric treatment required by the victim; lost income and due wages; legal fees and other similar costs; and payment for non-material damages, resulting from moral, physical or psychological injury, emotional distress, pain and suffering.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 43
- Paragraph text
- Consistent with the commitment of the mandate to tackling difficult, emerging and under-researched issues, the Special Rapporteur has focused her attention on trafficking in persons for the removal of organs as a form of exploitation related to trafficking, with a view to contributing to the international conversation at a pivotal point. Her report to the General Assembly on the issue (A/68/256) was based on an expert background paper, peer-reviewed by an informal group of transplant specialists, ethicists and researchers.
- 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
- N.A.
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 30
- Paragraph text
- Children who are forcibly recruited or otherwise compelled to join armed groups face physical and psychological consequences. Whether in a combat or supporting role, they are at risk of grave physical injuries as well as health consequences, such as sickness resulting from malnutrition or disease. Girls may be exposed to further health problems related to sexual violence, pregnancy and childbirth. Also significant is the impact on children's mental health related to post-traumatic stress disorder, anxiety, depression or other mental health issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Children
- Girls
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur; they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including women, refugees and unaccompanied children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 75
- Paragraph text
- All States, in particular source countries for trafficking in persons for the removal of organs, should take legislative steps to prevent trafficking in persons for the removal of organs by way of transplant tourism through measures such as imposing restrictions on transplantation for foreign nationals, ensuring genuine transparency in the allocation of organs for transplantation and in the conduct of transplantations and preventing commercialization of transplantation.
- 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
- N.A.
- Year
- 2013
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 53
- Paragraph text
- While the elements of the right to an effective remedy equally apply to trafficked children, responses vis-à-vis trafficked children warrant special consideration, having regard to "the particular physical, psychological and psychosocial harm suffered by trafficked children and their increased vulnerability to exploitation", as well as their lack of full legal standing. Article 6, paragraph 4, of the Palermo Protocol also recognizes that in providing protection and assistance to trafficked persons, "the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children" should be taken into account.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 62
- Paragraph text
- The international legal framework around trafficking in persons for the removal of organs also provides important guidance for navigating the larger ethical and policy issues around transplantation and transplantation-related exploitation. For example, it can be convincingly argued that international human rights law and a rights-based approach support a complete rejection of all forms of transplant commercialism because of the inherent and ultimately unmanageable risks of exploitation. A human-rights-based approach will also accord priority to equality and non-discrimination over other considerations when it comes to developing responses to organ shortages and establishing criteria for equitable allocation 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
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 40
- Paragraph text
- Prohibition of commercialism (buying, selling and financial gain). The international and regional standards mentioned above, which unanimously advocate prohibition of the buying and selling of human organs, have been incorporated by most countries into national law. The Islamic Republic of Iran runs a system of regulated, paid living and deceased organ donation that provides the notable exception. In countries that prohibit the sale of organs, donors may nevertheless receive limited compensation, which is not considered payment. Some countries, such as the United States, reimburse some expenses and give grants for programmes to increase donations and effective transplant process. Other countries, including Israel and Singapore, have gone much further in incentivizing donation, for example by according priority for transplantation to persons on the national donor registry.
- 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
- Year
- 2013
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 28
- Paragraph text
- Compensation should be provided for economic assessable damage to the extent that such damage cannot be made good by restitution. It may be provided as payment for a wide range of injury, loss or damage caused by the offender, including, for example: costs of medical, physical, psychological or psychiatric treatment required by the victim; lost income and due wages; legal fees and other similar costs; and payment for non-material damages, resulting from moral, physical or psychological injury, emotional distress, pain and suffering.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 98
- Paragraph text
- International organizations working on trafficking in persons should consider developing special training materials and other resources for medical professionals who may be exposed to trafficking in persons for the removal of organs. These resources should aim to educate medical professionals about their legal and ethical obligations, ensure that they are familiar with existing codes of professional practice and provide them with guidance on responding to cases or potential cases 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
- Health
- Movement
- Person(s) affected
- N.A.
- 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. 58
- Paragraph text
- The importance of bilateral and international cooperation in discouraging the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking has been noted in article 9 of the Trafficking Protocol. As globalization has increased demand for cheap labour and services and for sex tourism, there is an increasing need for international cooperation on the part of both State and non-State actors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Health
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Prevention of trafficking in persons 2010, para. 18a
- Paragraph text
- [Those provisions make clear that prevention measures should address both the supply and demand factors leading to trafficking in persons. In that regard, guideline 7 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking, issued by OHCHR in July 2002 (E/2002/68/Add.1), provides further guidance. The main prevention measures recommended by guideline 7 may be categorized as follows:] Addressing the root causes of trafficking, including poverty, lack of education and discrimination against women and other traditionally disadvantaged groups, with a view to reducing their vulnerability;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 19
- Paragraph text
- Worldwide, there is an acute shortage of organs for transplantation, which effectively means that many people who would have benefited from such treatment will die. The mismatch between the growing demand for organ transplants and the strict limits on available supply is the root cause of many of the legal, ethical and human rights issues that arise around organ transplantation. For example, there is great debate around consent for deceased organ "donation" and even around the definition of death. In relation to both deceased and live transplantation, a key issue is the question of commercialization. The dominant view is that organs for transplantation should be a gift, generated by an act of altruism that is not distorted by incentives or payments. A money-driven market in organs is seen to benefit the rich at the expense of the poor, opening the door to greater exploitation of both the seller and the buyer. Others argue, however, that this system will never begin to satisfy the demand for transplants, that it produces wasteful inefficiencies and that it contributes to the growth of exploitative and uncontrolled shadow markets.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 34
- Paragraph text
- The United Nations has also been active in debates and setting standards regarding trafficking in persons for the removal of organs, most particularly through the World Health Organization (WHO), which has issued a series of resolutions and guidelines on the subject, the most recent being the WHO guiding principles on human cell, tissue and organ transplantation, endorsed in 2010 by the sixty-third World Health Assembly in its resolution 63.22. Among other things, they stipulate that the human body and its parts are not to be the subject of commercial transactions and, in guiding principle 5, that "purchasing, or offering to purchase, cells, tissues or organs for transplantation, or their sale by living persons or by the next of kin for deceased persons, should be banned".
- 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
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 54
- Paragraph text
- The nature of trafficking in persons for the removal of organs also presents specific challenges in relation to victim protection and support that may not be met through conventional approaches. Victims have almost inevitably suffered serious physical injury and are also likely to be psychologically and emotionally traumatized. Social and religious stigma may exacerbate such trauma. Victims may also be in danger of retaliation from brokers and others involved in organizing their surgery. The nature of that intimidation may reflect the very particular nature of their exploitation, such as threats to withhold medical care or of humiliating public exposure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph