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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- 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
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 88
- Paragraph text
- States must take proactive steps to build the capacity of front-line officials from all agencies that might encounter trafficking crimes or victims for quick and accurate identification of trafficking victims. Governments should establish national referral mechanisms for identifying and assisting victims, in close cooperation with all actors, especially victim service providers and non-governmental organizations. States, as part of efforts and cooperation at the subregional level, should consider the adoption of transnational referral mechanisms for trafficked persons. This would encourage law enforcement cooperation in investigation, arrest and prosecution.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 89
- Paragraph text
- Laws and policies that do not contain adequate safeguards to prevent the prosecution of trafficking victims for status-related offences must be revised, in particular by taking steps to ensure that they are not prosecuted for offences related to their status as trafficked persons, including sex crimes, begging, working or immigration violations. In addition, it is important that States provide post-conviction remedies, such as the possibility to quash judgements for status-related offences.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
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 human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 91
- Paragraph text
- Victims of trafficking are legally entitled to take an active and meaningful role in efforts to convict their exploiters, and should be supported to that end. This would therefore require the adoption of reflection and recovery periods accompanied by the provision of assistance not conditional on cooperation with the 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 92
- Paragraph text
- States should protect the safety and well-being of victim-witnesses, in particular in view of the fact that victims may be subject to threats or reprisal from traffickers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93
- Paragraph text
- The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes.
- 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. 94
- Paragraph text
- In addition, judges and lawyers involved in trafficking cases should be trained to recognize the sensitive nature of trafficking cases, and be provided with tools to ensure effective and respectful trials, especially to protect victims of sex trafficking and to speed up the access of victims to justice.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 95
- Paragraph text
- The role of victim support agencies in identifying trafficking cases and victims, providing information on trends in human trafficking and delivering services and support should be recognized and facilitated by States. Efforts should be made to build confidence and to encourage greater coordinated collaboration. The conclusion of bilateral agreements and memorandums of understanding on key areas of delivery will aid communication and build trust. In partnering victim support agencies or other civil society organizations, States must not delegate the responsibility to provide for the well-being of victims and must remain vigilant to ensure respect for human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 96
- Paragraph text
- Training is an important component of anti-trafficking strategies, and the development of specialized anti-trafficking units may assist States to strengthen capacity to investigate and prosecute trafficking. Such units must be bound by clear mandates to address anti-trafficking matters, and be adequately equipped and funded.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 98
- Paragraph text
- Punishment for trafficking in persons must be effective, appropriate and dissuasive. Again, it must be proportionate to the offence committed, and proceeds from the crime should be confiscated.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 99
- Paragraph text
- States are urged to disaggregate data on prosecution for trafficking offences by sex, age, year, nationality of convicted persons, form of exploitation, sanctions/penalties and terms of imprisonment, as well as other indicators that would assist in gathering intelligence on understanding the phenomenon of trafficking in persons.
- 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
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal justice process.
- 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
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102
- Paragraph text
- Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 56
- Paragraph text
- While they represent the majority of internally displaced persons in the world, IDPs outside camps, and the host communities supporting them, are frequently unidentified and unassisted, both with respect to humanitarian support and durable solutions. IDPs living amongst host communities and in urban centres become mixed within the general local population, while others may seek shelter in remote and isolated areas. In both cases, they are difficult to identify and thus may become neglected IDPs. Although often assumed to have found their own solution, IDPs outside camps often experience a serious deterioration in their enjoyment of a series of human rights, including the right to adequate housing and protection from forced evictions, and to education and health, and are particularly at risk of marginalization, poverty, exploitation and abuse. If left unidentified and unassisted, they will de facto be excluded from assistance and protection measures, and durable solutions to their displacement, (e.g. in the context of national reconciliation and reconstruction processes); measures which could also alleviate pressures otherwise imposed on social structures within host communities.
- 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
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 57
- Paragraph text
- The lack of a systemic, equitable and human rights based approach to IDPs outside camps frequently results in protracted, secondary or repeated waves of displacement, and the exacerbation of poverty and vulnerabilities for IDPs, those hosting them, and for the society as a whole in countries where mass and unassisted displacements are frequent.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 58
- Paragraph text
- In the context of global trends such as rapid urbanization, including in less developed States, and a predicted increase in the frequency and severity of natural disasters due to the effects of climate change, the phenomena of urban IDPs outside camps is predicted to grow. Both in urban and other settings, host communities and provincial and municipal authorities have a key role in assisting IDPs outside camps, and should be supported in this regard.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 A
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] While practices to assess the needs and assist IDPs outside camp and their host communities already exist among some international and national actors, greater efforts and more comprehensive and predictable systems are required. Towards this end, humanitarian and development actors (including the donor community) at the national and international levels, and with the participation of civil society and affected communities, should: Promote, develop and implement strategies which extend the concept of assistance to include early recovery and development interventions in order to strengthen basic services and infrastructures of affected communities, and enhance the achievement of durable solutions for IDPs outside camps;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 A
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] While practices to assess the needs and assist IDPs outside camp and their host communities already exist among some international and national actors, greater efforts and more comprehensive and predictable systems are required. Towards this end, humanitarian and development actors (including the donor community) at the national and international levels, and with the participation of civil society and affected communities, should: Conduct assessments with view to identify good practices, gaps and challenges in the assistance and protection of IDPs outside camps, and host communities;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 A
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] While practices to assess the needs and assist IDPs outside camp and their host communities already exist among some international and national actors, greater efforts and more comprehensive and predictable systems are required. Towards this end, humanitarian and development actors (including the donor community) at the national and international levels, and with the participation of civil society and affected communities, should: Develop relevant strategies to address these gaps, and set in place a more equitable, effective and systemised response to IDPs outside camps, and affected communities;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 A
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] While practices to assess the needs and assist IDPs outside camp and their host communities already exist among some international and national actors, greater efforts and more comprehensive and predictable systems are required. Towards this end, humanitarian and development actors (including the donor community) at the national and international levels, and with the participation of civil society and affected communities, should: In addition to the specific issues, areas of focus and recommendations below, support research and improved responses in other areas meriting attention, including: IDPs outside camps living in rural, remote or isolated areas; distinguishing characteristics of conflict, natural disasters, and intra-city displacement contexts which may affect responses; and the needs of especially vulnerable groups of IDPs outside camps;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 B
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Engage with affected States and other stakeholders in awareness-raising, capacity-building and the implementation of effective, comprehensive, disaggregated and timely data collection/profiling systems for IDPs outside camps. These should include methodologies appropriate to: early identification of IDPs and their needs immediately during or after a crisis so as to allow for follow up once IDPs have dispersed; and to when IDPs are already living among host communities in urban or other settings. Due safeguards must be in place to protect IDPs who may not wish to be identified due to security or other reasons. Rapid needs and protection assessment tools should include mechanisms to identify: IDPs outside camps and their needs; the reasons why they stay out of camps; the support provided by and the needs of host communities and host families; and mechanisms for vulnerability analysis in different settings;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 C
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Develop further initiatives for the collection, dissemination and analysis of existing and best practices on: protection, assistance and durable solutions for IDPs outside camps; methodologies for identify, reaching and engaging them; and community based approaches which support and take into account the needs of host communities. Based on this information, analyse good practices, including positive coping practices employed by IDPs and host communities themselves, and lessons learnt, with a view to enhancing existing programs and wider national and international responses to IDPs outside camps and their host communities;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 D
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Enhance mechanisms and understanding with regard to data collection and assistance methodologies, and factors permitting or inhibiting successful local integration in urban settings;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 D
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Promote specific research on patterns of internal displacement: into urban centres, including those resulting from sudden and slow onset disasters due to climate change; and secondary displacements from or within urban centres;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 D
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] In the context of the distinctive nature and complexity of intra-city emergencies and displacement: develop better understanding, tools and collection of good practices on both IDP specific vulnerabilities and interventions, and community based approaches, which promote early recovery and avoid protracted displacement - including through real time analysis and learning in urban responses, and by including IDPs outside camps in efforts to address the urban vulnerability gap;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 D
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Further understanding and improve methodologies for integrating the specific vulnerabilities and needs of IDPs outside camps in: disaster risk reduction and response strategies, and urban early recovery and development planning;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 E
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Compile good practices, identify gaps and develop specific guidance on arrangements and approaches to support host communities and host families, including: mechanisms to support, manage and monitor host family arrangements; and wider community-based approaches which enhance the absorption capacity and resilience of host communities, such as support to community infrastructures, services, and livelihoods. Work towards the establishment of more predictable and systematized support systems to host families and host communities, which are participatory, based on needs assessments, and combined with IDP specific interventions which address their particular needs and vulnerabilities, and maximize the achievement of durable solutions;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph