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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- 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
- Children
- Persons on the move
- 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 more systematized and equitable response to internally displaced persons outside camps 2012, para. 39
- Paragraph text
- Despite these challenges, host communities are often the key to ensuring essential assistance services to IDPs, to the work of humanitarian organizations, and to finding durable solutions. They are most often the "first responders" to a crisis, and may welcome, support and assist IDPs upon their arrival. But as displacement becomes protracted, tensions can often result due to competition over scarce resources, employment opportunities, or from underlying religious, ethnic, cultural or other differences - frequently related to or exacerbated by the conflict causing the displacement in the first place. Without IDP frameworks and institutions in place to respond to the particular context and needs of IDPs living within these communities, these tensions and competition over resources and services will usually have a disproportionate impact on the most vulnerable IDP groups, such as female-headed households, children and older persons, and leave them exposed to human rights violations, exploitation and poverty.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- 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
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 38
- Paragraph text
- Additionally, adolescents experiencing poverty, armed conflicts, all forms of injustice, family breakdown, political, social and economic instability and all types of migration may be particularly vulnerable. These situations might seriously hamper their health and development. By investing heavily in preventive policies and measures States parties can drastically reduce levels of vulnerability and risk factors; they will also provide cost-effective ways for society to help adolescents develop harmoniously in a free society.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 2003
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1
- Paragraph text
- State Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law shall, whether unaccompanied or accompanied by parents, legal guardians or close relatives, receive appropriate protection and humanitarian assistance in the enjoyment of the rights set out in this Charter and other international human rights and humanitarian instruments to which the States are Parties.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2
- Paragraph text
- State Parties shall undertake to cooperate with existing international organizations which protect and assist refugees in their efforts to protect and assist such a child and to trace the parents or other close relatives or an unaccompanied refugee child in order to obtain information necessary for reunification with the family.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2b
- Paragraph text
- State Parties to the present Charter: shall take all necessary measures to trace and re-unite children with parents or relatives where separation is caused by internal and external displacement arising from armed conflicts or natural disasters.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 3
- Paragraph text
- Where no parents, legal guardians or close relatives can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his family environment for any reason.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 4
- Paragraph text
- The provisions of this Article apply mutatis mutandis to internally displaced children whether through natural disaster, internal armed conflicts, civil strife, breakdown of economic and social order or howsoever caused.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. a
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: establish competent authorities to determine matters of adoption and ensure that the adoption is carried out in conformity with applicable laws and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and guardians and that, if necessary, the appropriate persons concerned have given their informed consent to the adoption on the basis of appropriate counseling;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- 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 which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: recognize that inter-country adoption in those States that have ratified or adhered to the International Convention on the Rights of the Child or this Charter, may, as the last resort, be considered as an alternative means of a child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- 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. c
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: ensure that the child affected by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. d
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: take all appropriate measures to ensure that in inter-country adoption, the placement does not result in trafficking or improper financial gain for those who try to adopt a child;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- 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. 2c
- Paragraph text
- States Parties shall: c. Provide special protection for and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of households, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 4
- Paragraph text
- Women and men as well as separated and unaccompanied children shall have equal rights to obtain such necessary identity documents and shall have the right to have such documentation issued in their own names.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2009
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
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. h
- Paragraph text
- For the purpose of the present Convention: h. "Child" means every human being below the age of 18 years;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
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. 16
- Paragraph text
- Recent trends show that people fleeing conflict and emergency situations to seek asylum increasingly risk their lives in unsafe travel conditions at sea and on land. Those who survive the perilous journey are at a higher risk of trafficking because of their desperation and lack of viable options. They face continued uncertainty, physical, emotional and psychological insecurity, financial strain and lack of legal and/or social inclusion in their host communities. That lack of inclusion means they have little access to education, health care and housing. It also means they face significant barriers in accessing jobs in the formal labour market and can often only find work in the informal economy. By its very nature, the informal sector is unregulated, making it an ideal environment for unscrupulous employers and/or intermediaries to exploit and traffic workers. With the considerable pressure on children to help provide financial stability to their families during humanitarian crises, those children may not only be vulnerable to trafficking, but they will also be more likely to work in the unregulated informal sector, as they do not receive an education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- 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
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 39
- Paragraph text
- Other regional instruments for addressing trafficking in persons are the Arab Framework Act on Combating Trafficking in Persons (2008), which serves as a platform from which to spearhead action against trafficking in persons, and the Arab Charter of Human Rights (2008), which, inter alia, prohibits trafficking in human organs; and slavery and servitude, forced labour and trafficking in persons for the purposes of prostitution or sexual exploitation or the exploitation of the prostitution of others or any other form of exploitation or the exploitation of children in armed conflict; and has extensive provisions on the right to decent work freely chosen and on the right to development.
- 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
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 41
- Paragraph text
- In this region, the 1994 Inter-American Convention on International Traffic in Minors and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) contributed to the anti-trafficking legal framework. Other instruments, such as the 2005 Montevideo Declaration against Trafficking in Persons in MERCOSUR (Common Market of the South) and Associated States, the 2008 Recommendations of the First International Congress of MERCOSUR and Associated States on Trafficking in Persons and Child Pornography, the Work Plan against Trafficking in Persons in the Western Hemisphere (2010-2012, later extended for two years, and 2015-2018), the Inter-American Declaration against Trafficking in Persons ("Declaration of Brasilia", 2014) and the Brazil Declaration on a Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean (Cartagena+30, 2014), further consolidated regional efforts to eradicate human trafficking.
- 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
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 46
- Paragraph text
- The African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa provide the legal framework for combating trafficking in persons. Additionally, the Migration Policy Framework for Africa (2006) provides the overarching policy of the African Union on migration issues, including human trafficking. The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006) provides specific recommendations to be implemented by regional economic communities and member States on prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking. Furthermore, the African Union Horn of Africa Initiative on Human Trafficking and Smuggling (Khartoum Declaration, 2014) focuses on, inter alia, areas such as addressing the social, economic, environmental, cultural, security and political factors that make people vulnerable to human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 56
- Paragraph text
- Furthermore, the Special Rapporteur expects to focus on the prevention of labour exploitation, including of vulnerable or marginalized groups such as migrants, children, national, ethnic or racial minorities, asylum seekers and refugees, by engaging with businesses, trade unions and other relevant parties, and by further exploring ways to better regulate and monitor the activities of recruitment and employment agencies, with a view to preventing abusive practices leading to debt bondage, trafficking and exploitation.
- 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
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 60
- Paragraph text
- Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person's immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs.
- 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
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur intends to work in collaboration with other special procedures mechanisms which examine issues relating to trafficking, including but not limited to: the Special Rapporteur on the human rights of migrants; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Working Group on the issue of human rights and transnational corporations and other business enterprises. The Special Rapporteur will continue to strengthen the work of the trafficking mandate while delineating its intersections with related mandates. In this regard, she will try to identify possible joint initiatives that can complement each other's work, such as joint communications on allegations of human rights violations and the issuance of joint press statements.
- 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
- Children
- Persons on the move
- Year
- 2015
Paragraph
Approach, vision and work methods 2014, para. 12
- Paragraph text
- The Special Rapporteur is aware of the various bodies and mechanisms within the United Nations system dealing with situations and violations affecting children. As required by resolution 7/13, she intends to work in close coordination with them in order to ensure complementarity and avoid unnecessary duplication. In respect of the special procedures mandate holders who address cross-cutting issues and concerns relating to her mandate, such as the Special Rapporteur on trafficking in persons, especially women and children, the Special Rapporteur on contemporary forms of slavery, the Special Rapporteur on violence against women, its causes and consequences, the Working Group on the issue of discrimination against women in law and in practice, the Special Rapporteur on the human rights of migrants and the Special Rapporteur on the human rights of internally displaced persons, she intends to discuss and develop with them joint methods of work, such as the presentation of joint thematic reports, the conducting of coordinated country visits, the issuance of joint communications and the organization of joint awareness-raising activities. The Special Rapporteur will also deploy efforts to mainstream the protection and promotion of children's rights within the special procedures system, while according priority to certain issues and concerns that need to be tackled in a coordinated manner in order to enhance their impact when bringing particular situations to the attention of Governments and other stakeholders concerned. Her ultimate goal is to ensure that all mandate holders take a common approach towards addressing the impact of legislative and policy measures on children and their rights.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph