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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 89
- Paragraph text
- Laws and policies that do not contain adequate safeguards to prevent the prosecution of trafficking victims for status-related offences must be revised, in particular by taking steps to ensure that they are not prosecuted for offences related to their status as trafficked persons, including sex crimes, begging, working or immigration violations. In addition, it is important that States provide post-conviction remedies, such as the possibility to quash judgements for status-related offences.
- 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
- Persons on the move
- Year
- 2012
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 90
- Paragraph text
- The Special Rapporteur recommends that States ratify fully and implement all relevant international legal instruments to prevent child slavery such as the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2011
Paragraph
Detention of migrants in an irregular situation 2012, para. 72g
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Giving particular attention to the situation of women in detention, ensuring that they are separated from men, and attended and supervised only by women officers, in order to protect them against sexual violence, and avoid the detention of pregnant women and breastfeeding mothers;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2012
Paragraph
Due diligence and trafficking in persons 2015, para. 48
- Paragraph text
- Due diligence to prevent trafficking requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. Due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on accurate data and targeted to those most at risk of trafficking in persons.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Global migration governance 2013, para. 134d
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to combat xenophobia and xenophobic violence against migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77c
- Paragraph text
- [States are particularly encouraged to:] Consider creating regularization options for persons who may not fall under the international refugee regime but who may need to have their human rights protected and consider granting legal residence to children and adolescent victims of abuse and exploitation as a durable solution, in line with the best interests of the child;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 102
- Paragraph text
- The Special Rapporteur encourages the conclusion of bilateral and multilateral agreements based on existing international human rights norms and standards and increased cooperation at the regional level to protect migrant children, especially those unaccompanied, including in matters of safe repatriation, the fight against trafficking, sexual exploitation and smuggling and assistance to victims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- 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. 85d
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] It is necessary to put regulatory and supervisory mechanisms in place whenever they encourage or facilitate any forms of labour migration, as the absence of such mechanisms has had the effect of facilitating trafficking in persons. Legislation is required to protect anyone who, in the absence of appropriate protection, can be exploited with relative ease (such as migrant workers in general, child workers,particularly those below the minimum age for admission to employment) and anyone working outside a formal or regulated workplace (such as migrant domestic workers and other migrants, particularly women, who work in unregulated or informal workplaces). Legislation may also be required to ensure that any places where trafficked persons may be deployed to work or earn money, including informal workplaces or settings, are subject to the rule of law and can be checked by law enforcement officials, if necessary;
- 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
- Children
- Persons on the move
- Women
- 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. 85g
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] It is necessary to ensure that anti-trafficking measures do not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum seekers. States should actively monitor the impact and possible side effects of measures to discourage demand and take appropriate action to address any unintended side effects which restrict the exercise of human rights;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 58
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] States: Provide gender-sensitive training to police, military forces, judiciary and social workers, including on preventing and addressing SGBV in displacement situations;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 76e
- Paragraph text
- [Redouble efforts to prevent and respond effectively to SGBV at all stages of displacement, including by:] Devoting increased attention to sexual violence in domestic contexts, recognizing its high prevalence;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 76h
- Paragraph text
- [Redouble efforts to prevent and respond effectively to SGBV at all stages of displacement, including by:] Holding States accountable for bringing perpetrators of conflict-related sexual violence to justice and for reporting on progress on the relevant resolutions;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 82
- Paragraph text
- Support the development of more accessible and trusted complaints and response mechanisms at field level, particularly to eliminate sexual exploitation by humanitarians and peacekeepers;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 83
- Paragraph text
- States should take all measures to combat impunity for SGBV, including by promptly investigating, prosecuting and punishing SGBV, and providing police, judicial officials (including legal aid providers) and the health sector with necessary training and tools such as SOPs;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Labour exploitation of migrants 2014, para. 79
- Paragraph text
- Take all necessary measures to combat discrimination and violence against migrant workers, including sexual violence, beatings, threats, psychological abuse and denial of access to medical care, by adopting and implementing legislation prohibiting such acts, effectively investigating cases of discrimination and violence, prosecuting and punishing those responsible, as well as providing reparations to victims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 89
- Paragraph text
- Undertake all the necessary measures to combat trafficking for labour exploitation and all forms of forced labour by migrants, and provide adequate support and assistance to the victims. Provide victims of trafficking with a residence permit that allows them to work and of a sufficient duration to allow them to rebuild their lives and consider their options.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 90
- Paragraph text
- Refrain from using sponsorship systems that make immigration status conditional on one given employer, as this creates a precarious status, restricts freedom of movement, increases vulnerability to exploitation and abuse, and leads to forced labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 102
- Paragraph text
- Effectively implement employer sanctions and ensure that all abuses, including ill-treatment and exploitation are investigated and properly sanctioned where appropriate. Every employer and recruitment agent who engages in fraud or deception or is responsible for any other form of exploitation of migrant workers should be brought promptly to justice, including through criminal prosecutions, and be prevented from employing/recruiting migrant workers in the future.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 106
- Paragraph text
- Empower migrants, whatever their status, to defend their own human rights without fear of retribution, provide them with appropriate normative, institutional and programmatic tools in that regard, and support them in their fight against abuse and exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Diligently investigate credible allegations of abuse or exploitation committed by their diplomats and prosecute perpetrators. If no criminal action is taken by the sending State, host States should demand that diplomatic immunity is lifted or, failing that, declare the alleged perpetrator in serious cases persona non grata, while granting independent resident rights to the victim.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Consider creating a special immigration status providing a right to stay for migrant domestic workers, who substantiate allegations of serious abuse or exploitation by employers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 67
- Paragraph text
- Demand for exploitative labour and services, particularly demand by employers and third parties involved in trafficking, should be addressed as a root cause of trafficking. To that end, States should develop or strengthen immigration policies informed by the evidence-based recognition of the demand for migrant labour, including low- and semi-skilled labour.
- 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
- Persons on the move
- Year
- 2010
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 73
- Paragraph text
- The business practices of unethical recruitment agencies are complex and opaque. These practices and the human rights consequences for migrants differ between countries, recruiters and sectors. However, economic exploitation, violence and intimidation unite the experiences of many migrant workers who have used unethical recruiters. It is clear that this human suffering is endemic and perpetuated by a range of systemic failures and perverse economic and political incentives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Abolish "sponsorship" systems whereby migrants are dependent on their employers for residence visas and work permits, and thus vulnerable to abuse and exploitation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. C.
- Paragraph text
- [Recommendations to international organizations] Integrate concerns about the specific vulnerability of migrant workers subject to abuse and exploitation by unethical recruiters into the further development and implementation of the post-2015 sustainable development goals agenda and migration management
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 114
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Assist in the establishment of anti-trafficking units and special national focal points within national law enforcement structures, and promote the creation of direct channels of communication between special units and focal points in different countries, as well as joint-trained border patrols.
- 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
- Persons on the move
- Year
- 2010
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 79
- Paragraph text
- Moreover, such an approach will only serve to fuel xenophobia, discrimination and marginalization of migrants, which may have the effect of enabling a culture of impunity around the violation of migrants' rights, and cement an anti-migration attitude, as well as contributing towards the rise of verbal and physical violence against migrants, as is presently being experienced in Greece.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 83
- Paragraph text
- Recognize the fact that sealing the external borders of the European Union is impossible, that migrants will continue arriving despite all efforts to stop them, and that, at some point, repression of irregular migration is counterproductive, as it drives migrants further underground, thereby empowering smuggling rings, and creating conditions of alienation and marginalization that foster human rights violations, such as discrimination and violence against migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Rights of rural women 2016, para. 25b
- Paragraph text
- [States parties should prevent and eliminate all forms of violence against rural women and girls, and, in line with general recommendations No. 19 and No. 33:] Take effective measures aimed at preventing, investigating, prosecuting and punishing acts of violence against rural women and girls, including migrant rural women and girls, whether perpetrated by the State, non-State actors or private persons;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
SRSG on violence against children: Annual report 2011, para. 97
- Paragraph text
- A justice system based on the respect of the rights of the child is critical when preventing and addressing incidents of violence against children. Child victims of violence, including as a result of trafficking and exploitation, are, however, still too often criminalized and deprived of the protection that they should enjoy as children. Marginalized children, including those living in poverty, migrants and asylum-seekers face risks of physical, psychological and sexual violence, are denied access to legal assistance, or placed in detention instead of benefiting from adequate care arrangements. Frequently considered the first option rather than a measure of last resort, the deprivation of liberty remains a reality for thousands of children. Violence, including torture and humiliating treatment, is used as a form of control, discipline and punishment; in some countries, sentencing can include caning, flogging, stoning or amputation, as well as capital punishment and life imprisonment.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph