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Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4
- Paragraph text
- 4. If a victim submits an application for another kind of residence permit, the Party concerned shall take into account that he or she holds, or has held, a residence permit in conformity with paragraph 1.
- Legal status
- Legally binding
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2005
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 93. Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.
- Legal status
- Legally binding
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Movement
- Violence
- Year
- 1949
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. Each Party shall provide or strengthen training for relevant officials in the prevention of and fight against trafficking in human beings, including Human Rights training. The training may be agency-specific and shall, as appropriate, focus on: methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers.
- Legal status
- Legally binding
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2005
Paragraph
Protocol of 2014 to the Forced Labour Convention 2014, para. 3
- Paragraph text
- Each Member shall take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support.
- Legal status
- Legally binding
- Body
- International Labour Organization
- Document type
- International treaty
- Topic(s)
- Movement
- Violence
- Year
- 2014
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. The non-renewal or withdrawal of a residence permit is subject to the conditions provided for by the internal law of the Party.
- Legal status
- Legally binding
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2005
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 74
- Paragraph text
- Some Governments in countries that produce goods associated with contemporary forms of slavery have taken steps to publicize and punish individuals and companies that produce these goods. For example, Brazil passed a decree in 2003 containing a list, commonly referred to as "the Dirty List" of 52 individuals and entities that use or have used slave labour. The individuals and entities on the biannually updated list are barred from receiving national subsidies or tax exemptions and from engaging in financial arrangements with a number of public financial institutions. The Bank of Brazil denies financing to landowners who employ slave labour and the Ministry of National Integration recommended that private sector lenders also deny them financing. The Ministry of Labour's "dirty list" included 165 employers of slave labourers in 17 states in 2009, 220 employers in 2010 and 294 employers at the end of 2011.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2013
Paragraph
Prevention of trafficking in persons 2010, para. 36
- Paragraph text
- As has been observed, while proponents on both sides of the debate hold tenaciously to their convictions, there remains no conclusive link between the legalization or criminalization of prostitution and the existence of trafficking for sexual exploitation. Although the Special Rapporteur does not wish to draw conclusions in this debate, she wants to shift the attention away from exclusively tackling consumer demand and to underline the critical need to ensure that undivided attention is paid to prevention strategies that focus on tackling the structural root causes of trafficking while respecting the human rights of trafficked persons. In this context, the Special Rapporteur notes the evidence that the majority of clients of commercial sexual services are not concerned whether the services are provided by persons who are prostitutes by choice or trafficked persons. The evidence also suggests that trafficking results mainly from the demands of employers or third parties (such as recruiters, agents, transporters and others knowingly participating in trafficking) who control and exploit people, coupled with the lack of labour rights protection that allows exploitation to take place.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 29
- Paragraph text
- OSCE has addressed trafficking in persons as a major concern since 2000, when the first Ministerial Council Decision on enhancing the OSCE's Efforts to Combat Trafficking in Human Beings was taken. In 2003, the OSCE Action Plan to Combat Trafficking in Human Beings was adopted, and in 2006 the Special Representative and Coordinator for Combating Trafficking in Human Beings was appointed. In 2007, a Platform for Action against Human Trafficking was adopted, which focuses on six priority areas: encouraging action at national level and establishing national anti-trafficking structures; promoting evidence-based policies and programmes; stepping up efforts to prevent trafficking in human beings; prioritizing action against child trafficking; addressing all forms of trafficking in human beings; promoting effective assistance and access to justice for all victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 83
- Paragraph text
- The Special Rapporteur notes that there are other instances where, despite laws allowing for the seizure of assets, the proceeds of funds confiscated have reportedly failed to be distributed to victims. For example, in Bosnia and Herzegovina, which has a comprehensive anti-trafficking law, in a landmark case in 2009, a trafficking ringleader was sentenced to 12 years in prison, fined $14,286, and over $204,600 in assets were seized. There is, however, no evidence that these funds went to the victims. Similarly, in the Czech Republic, following the successful prosecution of eight gang members for trafficking, the assets of the accused, estimated at more than $1.5 million, were seized. Again, no evidence was found that the funds had been distributed to the victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 64
- Paragraph text
- Moreover, international law mandates States to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking and to provide access to remedy. As trafficking in persons is most often perpetrated by non-State actors, compliance with the due diligence principle is critical to ensure State accountability for the protection of the rights of victims and potential victims. However, the standard of due diligence as it relates to trafficking in persons has not been comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere. Therefore, the Special Rapporteur is of the view that additional guidance would be necessary to better equip States for the actions required to comply with their due diligence obligations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 81
- Paragraph text
- In the course of her work the Special Rapporteur intends to strengthen the mandate's engagement with relevant treaty bodies in order to create synergy to ensure States' accountability with regard to the issue of trafficking in persons. She will benefit from their expertise and their concluding observations, general comments/recommendations and case law on issues relating to trafficking, to which she also expects to contribute when relevant. She also believes that the universal periodic review contributes to strengthening efforts aimed at combating trafficking in persons as part of a holistic review of a country's human rights situation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 41
- Paragraph text
- The Court has also made numerous findings of inhuman or degrading treatment in cases involving the unnecessary or excessive use of force in the context of demonstrations. In Abdullah Yasa and Others v. Turkey, the Court found the launch of a tear gas grenade along a direct flat trajectory aimed towards protestors to be contrary to article 3 of the European Convention on Human Rights because it was not “proportionate to the aim pursued, namely to disperse a non-peaceful gathering” and because the severity of the resulting injuries to the applicant’s head were not “commensurate with the strict use by the police officers of the force necessitated by his behaviour”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Violence
- Year
- 2017
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 16
- Paragraph text
- It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury.
- Legal status
- Non-negotiated soft law
- 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
- Violence
- Year
- 2017
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 64
- Paragraph text
- Insufficient data and accompanying analysis on patterns of criminal activity continue to hinder efforts to investigate and prosecute trafficking cases. To address this problem, Peru has developed a database system for its national police force to record and manage trafficking cases, which can be used to generate statistical reports and qualitative intelligence information to enhance investigative capacity. In Colombia, an operational anti-trafficking in persons centre coordinates and tracks investigations, prosecutions and victim assistance programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97
- Paragraph text
- The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
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. 57
- Paragraph text
- Some States have preferred to encourage self-regulation among employment agencies. This was the approach in some European countries which later adopted tighter control and a system of licensing of agencies, for instance due to tragic incidents caused by trafficking in persons.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
Paragraph
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 70
- Paragraph text
- The Supreme Court of Colombia recently passed judgment on how femicide was a gender-related crime and why it should be prosecuted as harshly as possible. In its first-ever case of convicted femicide, it sentenced the perpetrator to 18 years in prison for the brutal murder of his wife on the grounds that the killing had been motivated by his wife's gender.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Year
- 2016
Paragraph
Protection of journalists and media freedom 2012, para. 76
- Paragraph text
- Although the above examples of challenges and good practices relating to the protection of journalists in situations of widespread violence or impunity have been drawn from Latin America, this is not the only region in which these issues are a concern. The Special Rapporteur has sent communications to several countries regarding issues such as impunity, journalists reporting on violence and organized crime, as outlined in chapters II and III above.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 21
- Paragraph text
- Roma are also vulnerable to violence by State actors, which can be both explicit and implicit. The Special Rapporteur is concerned about police harassment, intimidation and abuse. Empirical studies indicate that Roma are overrepresented in the criminal justice systems across Europe, with research indicating that they are often detained arbitrarily on account of their Roma identity. The lack of a visible Roma presence in police forces and judiciaries compounds that problem.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
Paragraph
Manifestations and causes of domestic servitude 2010, para. 60
- Paragraph text
- While links with other forms of organized violent crime cannot be excluded, trafficking into domestic servitude usually takes places under the cover of activities that seem legal or enjoy widespread social acceptance. Agents recruiting domestic workers become perpetrators of trafficking, if they deliberately deceive their clients about the conditions of work or engage in illegal practices of control (such as the withholding of passports), while knowing that such practices will result in the exploitation of their recruits.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2010
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 51
- Paragraph text
- The Special Adviser on the Prevention of Genocide has produced an analysis framework which comprises eight categories of factors for determining the risk of genocide: inter-group relations, including a record of discrimination and/or other human rights violations committed against a group; circumstances that affect the capacity to prevent genocide; presence of illegal arms and armed elements; motivation of leading actors in the State/region, and acts which serve to encourage divisions among national, racial, ethnic and religious groups; circumstances that facilitate the perpetration of genocide (dynamic factors); genocidal acts; evidence of intent to destroy in whole or in part a national, ethnical, racial or religious group; and triggering factors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Year
- 2014
Paragraph
Minorities in the criminal justice system 2015, para. 55
- Paragraph text
- Authorities must be aware of and respond to the risk of stigmatization or other discriminatory abuse on the part not only of prison staff, but of other inmates as well.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 8
- Paragraph text
- Contemporary forms of slavery can be found around the world, but there are certain regions where it is more prevalent. For the 2012 International Labour Organization (ILO) estimate, the number of persons in conditions of forced labour are broken down by region: the Middle East had 600,000 persons in forced labour, "developed economies and the European Union" had 1.5 million, Central and South-Eastern Europe and the Commonwealth of Independent States had 1.6 million, Latin America and the Caribbean had 1.8 million, Africa had 3.7 million, and Asia and the Pacific had 11.7 million. Despite having the second lowest number of victims of forced labour, Central and South-Eastern Europe and the Commonwealth of Independent States registered the highest rate of forced labour, at 420 per 100,000 inhabitants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 73
- Paragraph text
- Similarly, the AU.COMMIT Campaign aims at curbing both the supply and demand for human trafficking, in partnership with several United Nations agencies. The Campaign included the production of television advertisements, the distribution of 1,000 copies of the Ouagadougou Action Plan, of 1,000 T-shirts with the slogan "AU.COMMIT: Stop Trafficking" and of 1,000 copies of pamphlets, pins, posters, etc. In line with the three main strategies of the Ouagadougou Plan of Action, the AU.COMMIT Campaign will be implemented in three phases, focusing in 2009-2010 on prevention of, and response to, trafficking, in 2010-2011 on protection of victims and in 2011-2012 on prosecution of traffickers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 32
- Paragraph text
- Trafficked persons may also pursue civil claims on the basis of loss caused by the crime of trafficking pursuant to relevant national law. Although there are recent cases which resulted in a substantive amount of compensation for trafficked persons, it is still extremely difficult for them to receive compensation through civil proceedings. Some of the difficulties associated with civil proceedings include the tendency to be time-consuming, expensive and complicated. Other obstacles include complications in calculating the basis of damages and the relative novelty of non-material damages such as pain and suffering in some States.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- An additional obstacle for trafficked persons to receive compensation is that even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders and actually receive compensation. One of the main contributing factors is that identified traffickers often do not have adequate assets to satisfy an award of compensation. In some cases, traffickers may genuinely not have any assets, as they may be "lower level" offenders such as intermediaries or recruiters. In other cases, law enforcement authorities may lack the expertise, training and resources to conduct financial investigations to freeze and confiscate such assets. Traffickers may thus swiftly transfer their assets to another country or take other steps to conceal them before compensation orders are executed. Even where assets are successfully confiscated, such assets may be automatically transferred into State coffers or otherwise not used to compensate trafficked persons.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 50
- Paragraph text
- Even in the absence of formalized cooperation agreements, increased cooperation can yield important results. For example, although no formal cooperation mechanisms exist between non-governmental organizations and criminal justice agencies in Belarus, in recent years there has been an increase in practical cooperation between them in providing assistance to trafficking victims. As a result, non-governmental anti-trafficking organizations have reported that communication with officials has improved and, in some instances, the relevant agencies have permitted specialists from the organizations to attend police interviews and closed court hearings upon victims' requests. More recently it was reported that non-governmental organizations had assisted in the training of Government officials in victim identification.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Due diligence and trafficking in persons 2015, para. 26
- Paragraph text
- Additional good practices in this regard that have been previously identified by the present mandate holder include the use of mobile units in Italy "that ensure the presence of social services among populations at risk of exploitation, especially sex workers" and in the Bahamas, the opening of "channels of communication" between the Inter-Ministry Committee (the coordinating body for policy matters on trafficking in persons) and the Trafficking in Persons Task Force (the operational body for addressing trafficking in persons) "with the diplomatic and consular corps in the Bahamas, which have been encouraged to report any suspicion of trafficking cases."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 27
- Paragraph text
- Victim identification under the rubric of prevention - as well as in the context of investigation, prosecution, protection and assistance - also requires greater training and understanding of the "continuum of exploitation" that exists between decent work and forced labour, such that workers experience different forms of exploitation that require different types of interventions when workers find themselves in any situation other than decent work. In addition, training should address the relationship between different forms of transborder movement. For example, trafficking and smuggling are often treated distinctly when in practice they are often very linked, such that what was once an act of smuggling can be turned into an act of trafficking if the circumstances become more exploitative and involuntary.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2015
Paragraph