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Minimum Age Convention 1973, para. 2. (1)
- Paragraph text
- Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation.
- Body
- International Labour Organization
- Document type
- International treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1973
Paragraph
General Conclusion On International Protection 1987, para. (l)
- Paragraph text
- Reaffirmed the importance of voluntary repatriation as the most desirable durable solution, particularly in the context of many of today's mass-influx situations, emphasized the need for States to respect the fundamental principles that must always guide action in this area and called upon the High Commissioner and States to continue their efforts in achieving this solution whenever appropriate;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1987
Paragraph
Article 12: Freedom of movement 1999, para. 3
- Paragraph text
- States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by this article, taking into account the issues discussed in this General Comment. They must also include information on remedies available if these rights are restricted.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Temporary special measures 2004, para. 22
- Paragraph text
- The term "measures" encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and promotion; numerical goals connected with time frames; and quota systems. The choice of a particular "measure" will depend on the context in which article 4, paragraph 1, is applied and on the specific goal it aims to achieve.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Manifestations and causes of domestic servitude 2010, para. 32
- Paragraph text
- The mechanization of agriculture, rural-urban migration and the development of labour-intensive export industries, coupled with the erosion of workers' rights outside the traditional bonded labour context, have led to the emergence of patterns of "neo-bondage", whereby destitute people commit themselves to working off loans or wage advances obtained from their employer and cannot default on this debt, not least due to a fear of extrajudicial enforcement. In this context, researchers note an increasing feminization of bonded labour and some of the victims end up in bonded domestic servitude.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 24
- Paragraph text
- In the Mekong region, six Governments (Cambodia, China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam) established the COMMIT Process in 2004. The COMMIT Subregional Plan of Action for 2008-2010 contains eight key activities: Training and Capacity Building; National Plans of Action; Multilateral and Bilateral Partnerships; Legal Frameworks, Law Enforcement, and Justice; Victim Identification, Protection, Recovery and Reintegration; Preventive Measures; Cooperation with the Tourism Sector; and Coordination, Monitoring and Evaluation. Activities are being implemented in partnership between relevant government departments and non-government entities, whether United Nations agencies or non-governmental organizations (NGOs). The United Nations Inter-Agency Project on Human Trafficking (UNIAP), which was established in 2000 with a mandate to facilitate a stronger and more coordinated response to trafficking in persons in the Mekong region and beyond, acts as secretariat to COMMIT.
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 48
- Paragraph text
- Similarly, the EU Action Oriented Paper provides that, in response to a new trend or pattern, for instance a noticeable increase in the number of victims of trafficking from a similar area or travelling route, it may deem it necessary to develop a joint effort in partnership with a third country, region or organization. For this purpose, Swift Action Teams (SATs) may be established, composed of experts from Europol and Frontex. A SAT can be deployed to support a specific third country, region or international organization, for example to assist third countries in identifying victims of trafficking at airports before they board and providing training on the identification of victims and forged identity papers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 46
- Paragraph text
- Regional mechanisms have a key role in facilitating the development and strengthening of bilateral cooperation mechanisms between countries of the same region. In this regard, ASEAN has facilitated the conclusion of bilateral meetings to combat trafficking between countries, in particular between Thailand and the Lao People's Democratic Republic and between Cambodia and Viet Nam. COMMIT, when assisting countries in the development of bilateral mechanisms on human trafficking, particularly insists on the inclusion of effective implementation and monitoring mechanisms, and follows up with the organization of regional seminars to that effect. It also insists on the importance of integrating the agreement into governmental mandates and budgets.
- 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
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 65
- Paragraph text
- The principle of non-refoulement is an important principle codified in several international instruments, considered part of international customary law and reflected in international jurisprudence prohibiting the return or extradition of a person to another State where there are substantial grounds for believing that he or she would face the risk of being tortured. States are thus not only prohibited from subjecting persons to torture but also from sending them to States where they face that risk, or through indirect or "chain" refoulement. The sending State is therefore responsible for undertaking a proper risk assessment of the situation in the receiving State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 55
- Paragraph text
- While these standards do not specifically refer to trafficking in persons, businesses cannot shy away from this issue. Businesses are a significant part of the human trafficking chain, as they could be directly linked to it through the recruitment, transport or receipt of workers for purposes of exploitation. They can also be indirectly associated with trafficking through the actions of others, such as suppliers, subcontractors, business partners, labour brokers or private employment agencies. The active participation of businesses in the fight against trafficking has a number of advantages. To the extent that human trafficking involves many stakeholders and cannot be addressed by a single one of them, the participation of businesses will enhance partnerships and cooperation among all concerned. Such partnerships can, in turn, facilitate the mobilization of resources. Taking part in preventing trafficking is also beneficial for businesses, as it promotes a better corporate image and demonstrates leadership in the area of corporate social responsibility.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 18c
- 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:] Increasing opportunities for legal, gainful and non-exploitative labour migration;
- 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
- N.A.
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 19
- Paragraph text
- ECOWAS and ECCAS decided to combine their efforts and, in July 2006, adopted a joint biregional plan of action for the period 2006-2008, together with a resolution and a multilateral cooperation agreement. This biregional plan of action reaffirms the ECOWAS Initial Plan of Action and extends efforts to combat trafficking into the Central African region. It emphasizes that member States should ensure the ratification and implementation of relevant international instruments, and sets out seven strategies in the following priority areas: legal framework and policy development; victim assistance and protection; prevention and awareness-raising; collection and analysis of information; training and specialized capacity-building; travel and identity documents; monitoring and evaluation of implementation.
- 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
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 71
- Paragraph text
- The Special Rapporteur consequently urges States, donors and intergovernmental agencies to look beyond the provision of primary education. Crucially, they should work collaboratively, creatively, and in participation with civil society, towards overcoming these and other barriers so as to make this possible. In this latter respect, the Special Rapporteur draws attention to the frequent absence of tertiary education from the migration and education dialogue, which should be remedied.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 19
- Paragraph text
- It can be gleaned from this guideline that both supply and demand factors need to be tackled in order to prevent trafficking, although prevention efforts may be often perceived as being the responsibility of source countries. Trafficking in persons is a dynamic process, caused by an array of complex and intertwined "push" and "pull" factors. Thus, the prevention of trafficking in persons requires truly concerted and collaborative efforts by all countries of origin, transit and destination.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- The draft basic principles are based on existing international human rights law and standards and do not represent new norms of human rights. They are designed to bring clarity to the concept of the right to an effective remedy and to elaborate specific factors to be taken into account when this right is applied to trafficked persons. For example, the draft basic principles explicitly spell out that States have obligations to ensure that adequate procedures are in place to enable quick and accurate identification and that trafficked persons are not subjected to discriminatory treatment in law or in practice, as these are preconditions in exercising the right to an effective remedy in the context of trafficked persons. Further, reflecting the complex nature of the crime of trafficking, the draft basic principles specify that restitution may require States to provide trafficked persons with temporary or permanent residence status where a safe return to the country of origin cannot be guaranteed or is otherwise not in the best interest of the trafficked person. With respect to recovery, the draft basic principles provide that States shall ensure that trafficked persons' access to assistance and other benefits are not dependent on their cooperation in legal proceedings, as this is a common obstacle for trafficked persons in accessing such assistance and other benefits. Lastly, the draft basic principles provide that States have a duty to ensure that trafficked persons are allowed to lawfully remain in the country in which the remedy is being sought for the duration of any proceedings, having regard to the fact that trafficked persons are often treated as irregular migrants subject to detention and deportation.
- 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
- N.A.
- Year
- 2011
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 54
- Paragraph text
- With a few languages dominating the online environment, language barriers can also be a further impediment to access online content. However, the Special Rapporteur notes the increasing number of sophisticated online translation services.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Climate change and internal displacement 2011, para. 31
- Paragraph text
- In order to address these intersecting challenges and develop adaptation strategies to deal with complex climate change-related displacement, a broader and more holistic understanding is required which goes beyond the direct line of causality usually applied in situations of sudden-onset natural disasters.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Climate change and migration 2012, para. 41
- Paragraph text
- First, low-lying coastal areas and megadeltas are major sources of environmentally induced migration. This is particularly true in countries such as Bangladesh and Viet Nam, and regions such as the Egyptian Nile Delta and the Niger Delta in Nigeria. Those regions are vulnerable to slow-onset environmental phenomena related to sea level rise and change in precipitation patterns and are also increasingly affected by natural disasters, such as hurricanes, floods, storm surges, soil erosion and soil salinization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
The issue of human trafficking in supply chains 2012, para. 17
- Paragraph text
- In this regard, while in no way negating the importance of criminalizing human trafficking and enforcing the law, other related areas of national laws, such as labour and immigration laws, are equally crucial in seeking to eliminate factors that increase the risks of trafficking in persons, in particular in the context of supply chains.
- 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
- N.A.
- Year
- 2012
Paragraph
Mapping and framing security of tenure 2013, para. 84
- Paragraph text
- Another issue is the lack of coherence and harmonization among the multiplicity of laws and regulations bearing upon urban security of tenure, leading to legal uncertainty, lack of implementation of key provisions, even unwanted impacts such as evictions. Rights of adverse possession provided for by law might also be limited or denied by subsequent regulations, or in implementation. In addition, even when planning laws provide for the regularization of informal settlements, questions of sustainability relating to the increase of land prices and full availability of services remain.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 71
- Paragraph text
- Some of the regional consultative processes are driven by external actors, with funding coming from States of the global North, often channelled through IOM. IOM participates in most of the major regional consultative processes as a partner or observer and provides secretariat services for many of the major processes. The International Centre for Migration Policy Development also provides secretariat services for some of the processes. United Nations entities, including UNODC, UNHCR and ILO, are observers in some of the processes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- 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. 23
- Paragraph text
- While substantial gaps in knowledge and understanding remain, it is now well established that there are no technical or practical obstacles to trafficking in persons for the removal of organs, that this practice does in fact occur and that it is not rare. The main points of disagreement relate to the extent of the problem, the economics of the trafficking and identification of the many parties that may be implicated.
- 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
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 48
- Paragraph text
- This is confirmed by many of the case studies examined by the Special Rapporteur that meet the following three elements of the crime and human rights violation of trafficking in persons: the act (individuals were recruited, harboured and/or received, often also transported and transferred); the means (the acts were secured through fraud (relating to payment, effects, follow-up care, etc.), sometimes also through force and coercion, often through abuse of a position of vulnerability); and the purpose (the acts were undertaken for purposes of exploitation by removal of an organ). It is certainly possible that some of the cases may fall within the various non-legal and non-binding conceptions of trafficking in organs. There can be no doubt, however, that they are, first and foremost, situations of trafficking in persons. Critically, provided that one or more of the means are established, whether victims have consented to the procedure or have received payment for undergoing the procedure is irrelevant.
- 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
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 49
- Paragraph text
- As has been noted previously, characterizing practices such as organ commercialization or transplant tourism as trafficking in persons for the removal of organs has a substantial effect on the nature of State obligations and on individual rights that arise as a result of those obligations. For example, States parties to the Trafficking in Persons Protocol are, pursuant to article 5, under a clear international legal obligation to criminalize trafficking in persons for the purpose of removal of organs as well as attempting, participating in, organizing and directing other persons in the commission of trafficking in persons for the purpose of removal of organs. They are also required to establish liability in respect of both natural persons and legal persons, thereby extending the reach of criminal and civil law to the medical and other establishments that are so often 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
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 51
- Paragraph text
- The broader legal framework around trafficking in persons includes international human rights law. The importance of a rights-based and victim-centred approach to trafficking in persons has been well established and the parameters of such a response have been fleshed out in detail in the reports of the Special Rapporteur to the Human Rights Council and the General Assembly (see A/65/288 and A/HRC/20/18) and in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). Very little attention has been paid, however, to how such a response would be developed and applied in the context of trafficking in persons for the removal of organs. In general, it appears that the procedures and approaches developed to date do not take full account of the particularities of trafficking in persons for the removal of organs, including the needs of victims. This state of affairs has contributed to marginalization of victims and their rights, including within broader policy discussions around transplantation and 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
- Movement
- Violence
- Person(s) affected
- N.A.
- 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
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. 41
- Paragraph text
- As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand. States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand.
- 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
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 27
- Paragraph text
- The following case study summaries provide some indication of the nature of trafficking in persons for the removal of organs and of the many countries that may be involved.
- 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
- N.A.
- Year
- 2013
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 42
- Paragraph text
- Prohibition of trafficking in persons for removal of organs. States parties to the Trafficking in Persons Protocol, of which there are currently 157, are required to criminalize trafficking of persons for a range of purposes, including for organ removal. Most countries have enacted such laws, but not all have included trafficking in persons for the removal of organs within their scope. It is relevant to note that, within national legislation, the offence of trafficking in persons often has a broad jurisdictional basis that enables prosecution for offences occurring outside the country involving a citizen as either a victim or a perpetrator, thereby opening up a potential avenue to prohibit and prosecute practices relating to transplant tourism. The offence may bring such practices within the operation of other national laws, such as those relating to transnational organized crime, corruption and money laundering. Conduct relating to trafficking in persons for the removal of organs may also be subject to prosecution through the application of criminal laws dealing with matters such as assault, fraud and falsification of identity or travel documentation.
- 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
- N.A.
- Year
- 2013
Paragraph