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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- 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
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- 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
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- 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
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- 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
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- 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
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- 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
- Adolescents
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- 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
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- 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
- Children
- Women
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 32
- Paragraph text
- During his recent country visit to Kenya in September 2011, the Special Rapporteur found that of an estimated 664,000 IDPs resulting from the 2007/2008 post-election violence in the country, over 300,000 had dispersed into the wider population (many in towns and cities) and neither been registered nor assisted by the State. Many displaced in previous cycles of displacement (e.g.1990s) in Kenya were also unassisted. While it is generally presumed that these IDPs found their own solution through host families and friends, the Special Rapporteur remains concerned that many of these IDPs, a large part of whom had already been poor, had seen their situation further deteriorate and could be living in urban slums or on the street. In this regard, the Special Rapporteur received reports of a significant increase in street children, many of whom were believed to be IDPs, in a number of large towns and cities since the 2007/2008 post- election violence.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 43
- Paragraph text
- Improved and more systematized responses to IDPs outside camps, can also help address a number of other issues, including the precarious nature and protection problems raised by unmonitored and unassisted hosting arrangements such as those between IDPs and host families or friends. Highly or entirely dependent on the assistance and shelter provided by host families, certain groups of IDPs, such as vulnerable categories of women, children and the elderly, may be particularly at risk of a number of protection concerns, including abuse, exploitation, and sexual violence by their hosts. In this regard, this mandate has recommended the establishment of appropriate monitoring and ombuds-mechanisms, and other activities such as visits by social workers, working with local associations and counselling centres, and the establishment of a hotline, in order enhance the protection of IDPs living within host-family arrangements.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 22
- Paragraph text
- The Special Rapporteur notes that, while the Committee on the Elimination of Discrimination against Women, the group of experts of the Council of Europe on action against violence against women and domestic violence, the ASEAN Intergovernmental Commission on Human Rights and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children did not endorse the proposal for a new stand-alone instrument on violence against women, the Special Rapporteur on the rights of women in Africa encouraged the creation of a new treaty. At the same time, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women and the Working Group on the issue of discrimination against women in law and in practice would support a supplementary protocol to the Convention on the Elimination of All Forms of Discrimination against Women as a long-term solution.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 29
- Paragraph text
- Civil society organizations also claimed that the current framework failed to address violence against women in specific contexts such as violence against women in conflict; situations of “invisible violence”, namely economic violence and psychological violence against, for instance, women belonging to minority groups; and the specific experiences of children exposed to violence against women. They also pointed out that, among the substantive issues that were missing in the current legal framework, there was the need to create an intersectionality of approach, including the initiatives by the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights, the Human Rights Council and the Committee on the Elimination of Racial Discrimination.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 54
- Paragraph text
- Civil society organizations underlined that boys and men should be addressed in the treaty as both perpetrators and potential allies for change. In addition, the correlation of violence against women with violence against children, whether boys being witnesses to domestic violence against their mothers or children of all gender identities being subjected to corporal punishment, needed to be made clear and solutions needed to be part of the treaty.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Men
- Women
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 97a
- Paragraph text
- [States, United Nations entities, independent mechanisms and other stakeholders should undertake to do the following:] Establish institutional links and support cooperation on thematic issues between independent global and regional mechanisms on gender equality and violence against women, namely the Special Rapporteur on violence against women, the Committee on the Elimination of Discrimination against Women, the Working Group on the issue of discrimination against women in law and in practice, the Inter-American Commission on Human Rights Rapporteur on the rights of women, the group of experts of the Council of Europe on action against violence against women and domestic violence, the Special Rapporteur on the rights of women in Africa, the follow-up mechanism to the implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children, through regular meetings and discussions on the implementation of the results of those meetings through the creation of a coherent and integrated approach, with a view to both ensuring that there is no fragmentation or inconsistency in recommendations and supporting effective and strong national and international mechanisms;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 23
- Paragraph text
- Violence results from a complex interplay of individual, family, community and societal factors. Vulnerable adolescents such as those who are homeless or who are living in institutions, who belong to gangs or who have been recruited as child soldiers are especially exposed to both institutional and interpersonal violence. Under article 19 of the Convention, States parties must take all appropriate measures to prevent and eliminate: (a) institutional violence against adolescents, including through legislation and administrative measures in relation to public and private institutions for adolescents (schools, institutions for disabled adolescents, juvenile reformatories, etc.), and training and monitoring of personnel in charge of institutionalized children or who otherwise have contact with children through their work, including the police; and (b) interpersonal violence among adolescents, including by supporting adequate parenting and opportunities for social and educational development in early childhood, fostering non violent cultural norms and values (as foreseen in article 29 of the Convention), strictly controlling firearms and restricting access to alcohol and drugs.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2003
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 37
- Paragraph text
- Adolescents who are sexually exploited, including in prostitution and pornography, are exposed to significant health risks, including STDs, HIV/AIDS, unwanted pregnancies, unsafe abortions, violence and psychological distress. They have the right to physical and psychological recovery and social reintegration in an environment that fosters health, self respect and dignity (art. 39). It is the obligation of States parties to enact and enforce laws to prohibit all forms of sexual exploitation and related trafficking; to collaborate with other States parties to eliminate intercountry trafficking; and to provide appropriate health and counselling services to adolescents who have been sexually exploited, making sure that they are treated as victims and not as offenders.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2003
Paragraph
Adolescents and youth 2012, para. 20
- Paragraph text
- Emphasizing that the full implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons will contribute to address all factors and root factors that foster demand and make adolescents and youth, especially young women and girls, vulnerable to trafficking, as well as the protection and rehabilitation of victims and will, inter alia, promote, as appropriate, increased ratification and full implementation of the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Girls
- Women
- Youth
- Year
- 2012
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1
- Paragraph text
- State Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1
- Paragraph text
- Every child shall be protected from all forms of economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral, or social development.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1a
- Paragraph text
- State Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: the inducement, coercion or encouragement of a child to engage in any sexual activity;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1b
- Paragraph text
- State Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: the use of children in prostitution or other sexual practices;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1c
- Paragraph text
- State Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: the use of children in pornographic activities, performances and materials.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2
- Paragraph text
- Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. a
- Paragraph text
- State Parties to the present Charter shall take appropriate measures to prevent: the abduction, sale of, or traffick in children for any purpose or in any form, by any person including parents or legal guardians of the child;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. b
- Paragraph text
- State Parties to the present Charter shall take appropriate measures to prevent: the use of children in all forms of begging.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. undefined
- Paragraph text
- State Parties to the present Charter shall take all appropriate measures to protect the child from the use of narcotics and illicit use of psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the production and trafficking of such substances.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 5f
- Paragraph text
- Members of armed groups shall be prohibited from: f. Forcibly recruiting persons, kidnapping, abduction or hostage taking, engaging in sexual slavery and trafficking in persons especially women and children;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2009
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 7
- Paragraph text
- Trafficking in persons, especially women and children, is a gross human rights violation. It is also a lucrative crime that generates US$150.2 billion per year in illegal profits. The flow of trafficking in persons evolves with the changing socioeconomic realities of society and traffickers adapt their modus operandi accordingly.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 15
- Paragraph text
- Trafficking is a feature of armed conflict as well as of post-conflict situations and usually has a strong gender dimension. For instance, men and boys are trafficked for the purpose of supplying combatants to supplement fighting forces. Armed conflicts also increase the risk of women and girls being sexually exploited, which includes being abducted and forced into sexual slavery and/or forced prostitution. Those victims may be transported across international borders before being sold and trafficked to other regions or countries. They can also be trafficked for the purposes of forced labour for armies and armed groups. In addition, arranged marriages or false promises of domestic work abroad that are expected to provide children with a better life often render them vulnerable to trafficking for the purposes of commercial sexual exploitation and forced labour, including domestic servitude. Furthermore, paramilitary groups can wreak havoc on communities during armed conflicts, often forcing children to become soldiers and workers, including in the illegal drug trade.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph