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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. 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. 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. 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
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that all forms of gender-based violence, including domestic violence, are criminalized and are subject to appropriate and enforceable criminal sanctions; develop specific strategies and systems to tackle gender-based violence perpetrated against persons living in poverty, including by providing shelter for victims of domestic violence
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 5
- Paragraph text
- By reframing violence and abuses in health-care settings as prohibited ill-treatment, victims and advocates are afforded stronger legal protection and redress for violations of human rights. In this respect, the recent general comment No. 3 (2012) of the Committee against Torture on the right to a remedy and reparation offers valuable guidance regarding proactive measures required to prevent forced interventions. Notably, the Committee considers that the duty to provide remedy and reparation extends to all acts of ill-treatment, so that it is immaterial for this purpose whether abuses in health-care settings meet the criteria for torture per se. This framework opens new possibilities for holistic social processes that foster appreciation of the lived experiences of persons, including measures of satisfaction and guarantees of non-repetition, and the repeal of inconsistent legal provisions.
- 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
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 8a
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Close compulsory drug detention and "rehabilitation" centres without delay and implement voluntary, evidence-based and rights-based health and social services in the community. Undertake investigations to ensure that abuses, including torture or cruel, inhuman and degrading treatment, are not taking place in privately-run centres for the treatment of drug dependence;
- 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
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 78
- Paragraph text
- In recent years, contemporary slavery has drawn increasing attention from Governments and stakeholders around the world, although this attention remains insufficient to the task of its eradication. A number of international instruments have defined and prohibited, inter alia, debt bondage, serfdom, servile marriage, child slavery, forced labour and traditional forms of slavery.
- 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
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 88c
- Paragraph text
- [Governments should also ensure that other institutions and stakeholders are appropriately resourced and trained to detect, report and prosecute cases, including by providing:] Promoting greater public awareness of contemporary forms of slavery and the labour and human rights of workers and citizens; and
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 89
- Paragraph text
- Governments must create long-term and nationwide awareness campaigns to disseminate information about relevant laws and risks of slavery, and mechanisms to detect, report and combat it must be widely disseminated to all stakeholders, not just to workers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 91
- Paragraph text
- To effectively tackle the contemporary forms of slavery, Governments at national and sub-national levels need sustainable, reliable and systematic assistance both of a technical and financial kind.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 93
- Paragraph text
- International organizations should also support government efforts to build law enforcement capacity within public institutions; raise awareness of relevant stakeholders; build broad-based support for policies to eliminate contemporary slavery; develop and implement measures to assist victims of exploitation and prosecute perpetrators; and lead mobilization efforts for further financing and support.
- 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
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 94
- Paragraph text
- Without sustained assistance from the international donor community, national Governments will lack the resources they need to effectively challenge the diverse and complex forms of abuse described in the present report.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Take all necessary effective measures to ensure appropriate and effective remedies for victims of debt bondage, as established under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).
- 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
Discrimination against non-citizens 2004, para. 18
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that non-citizens enjoy equal protection and recognition before the law and in this context, to take action against racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such violence;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2004
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 62
- Paragraph text
- The present report is the first report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and its theme is “diversity in humanity, humanity in diversity”. The phenomenon of violence and discrimination based on sexual orientation and gender identity is both local and global, requiring strong national and international countermeasures to promote respect for sexual and gender diversity under the umbrella of international human rights law. In recognizing that everyone has some form of sexual orientation and gender identity, there is the regrettable reality that some groups and persons are affected by violence and discrimination, precisely because they are viewed as having a sexual orientation and gender identity that is different from a particular societal norm. This is enmeshed in the political, social, cultural and economic setting of each country, which invites a context-specific analysis and understanding of each scenario. While human rights are inherent to all persons without distinction, the situation facing those groups and persons may vary; it is not necessarily homogeneous.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66g
- Paragraph text
- More cooperation with independent and pluralistic national human rights institutions, such as national human rights commissions and ombudspersons, should be undertaken to provide a link between international norms and national settings. These institutions should be supported, as part of the checks and balances to prevent and overcome abuses of power and human rights violations and also to promote access to justice and remedies. They should be paralleled by strong regional systems and initiatives to help advance protection against violence and discrimination on the basis of sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Due diligence and trafficking in persons 2015, para. 43
- Paragraph text
- Under international law, States are required to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking in persons and to ensure remedies.
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 44
- Paragraph text
- States that have failed to exercise due diligence to address trafficking by non-State actors incur international responsibility that requires them to provide an effective remedy for victims of trafficking in persons. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies.
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 45
- Paragraph text
- Due diligence requires States to take a comprehensive, integrated and holistic approach to ensuring the human rights of trafficked persons and persons at risk of being trafficked. Meaningful and substantive human rights due diligence provides a necessary framework to ensure policy coherence between anti-trafficking policy and related policy areas such as immigration and labour market policies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 50
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking requires that laws criminalize all forms of trafficking, including for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict. The extraterritorial application of due diligence obligations is furthered by measures such as incorporating extraterritorial jurisdiction into national legislation criminalizing trafficking and through inter-State cooperation in trafficking cases.
- 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
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 67
- Paragraph text
- The present report provides an indication of some of the challenges in enforcing accountability of States and businesses for preventing, mitigating and redressing contemporary forms of slavery in supply chains. The framework emerging from the United Nations system has provided greater clarity on how to operationalize the responsibility of business to respect human rights, including through conducting human rights due diligence, and the obligations of States to address business-related human rights abuses. The passing of national laws, which reflect an increasing global concern with transparency, reporting and human rights due diligence obligations that add to the accountability tool belt, is to be applauded. So are the businesses' human rights policy commitments, although loopholes exist in terms of their enforcement, and the important role played in the combat against contemporary forms of slavery in supply chains by other stakeholders, including civil society actors, such as non-governmental organisations, trade unions, foundations and consumers, as well as international organizations and the media. While these developments are notable, important gaps still exist in terms of effective access to justice and adequate and prompt remediation for victims of contemporary forms of slavery in supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 68e
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States must ensure that those affected by business-related human rights abuse, including victims of forced labour and other contemporary forms of slavery, have the right to an effective remedy by taking appropriate steps to ensure the effectiveness of judicial mechanisms, providing effective and appropriate non-judicial grievance mechanisms, facilitating access to effective non-State-based grievance mechanisms and reducing barriers that could deny access to remedy for victims;
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 69e
- Paragraph text
- [In relation to businesses, the Special Rapporteur recommends the following:] Businesses should provide for or cooperate in remediation by establishing or participating in an operational-level grievance mechanism, in accordance with the Guiding Principles on Business and Human Rights, and cooperate with State-based judicial and non-judicial grievance mechanisms. The approach adopted by businesses in providing for a timely and effective remedy should be community-based and inclusive of, for example, public and/or non-governmental service providers with expertise in working with victims of contemporary forms of slavery;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 66c
- Paragraph text
- [States should ensure that all law enforcement officials are trained, equipped and instructed so as to prevent any extra-custodial use of force amounting to torture and other cruel, inhuman or degrading treatment or punishment. In particular, States should:] Equip law enforcement officials with communication devices and protective equipment such as shields, helmets, bulletproof vests and bulletproof means of transportation, with a view to prioritizing the de-escalation of any potential violence and decreasing the need to use weapons of any kind;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 71
- Paragraph text
- With regard to trafficking, the Special Rapporteur calls upon States to ensure that appropriate frameworks are in place for the identification, investigation and prosecution of trafficking-related human rights violations; duly investigate, prosecute and punish public officials for their role in trafficking operations; establish a combination of comprehensive gender- and age-sensitive measures to protect, support and rehabilitate victims; and avoid detention of victims for status-related offences and for "protective" purposes.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72e
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Outlaw forced or coerced sterilization in all circumstances and provide special protection to individuals belonging to marginalized groups; and ensure that health-care providers obtain free, full and informed consent for such procedures and fully explain the risks, benefits and alternatives in a comprehensible format, without resorting to threats or inducements, in every case;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph