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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 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 human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 49
- Paragraph text
- The conclusion of memorandums of understanding laying out cooperation mechanisms and delineating roles and responsibilities between criminal justice agencies and victim service agencies has been one way to foster understanding and increase communication. Various provinces in Thailand have adopted internal memorandums signed by Government officials, the Royal Thai Police and victim support agencies. The memorandums clarify the roles and responsibilities of each entity, elucidate working principles and definitions, and are intended to introduce systems to improve the working relationship between the parties. In the Republic of Moldova, a memorandum of understanding was signed by the Ministry of Internal Affairs, the General Prosecutor's Office, the Ministry of Social Protection, IOM and a number of non-governmental organizations and service providers. As a result, the organizations and other service providers in the country offer an array of services for victims, including medical and legal assistance, case monitoring, special assistance for children and services to help with re-integration, such as vocational training, employment counselling, grants for business development and social welfare assistance.
- 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
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- 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
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 32
- Paragraph text
- During his recent country visit to Kenya in September 2011, the Special Rapporteur found that of an estimated 664,000 IDPs resulting from the 2007/2008 post-election violence in the country, over 300,000 had dispersed into the wider population (many in towns and cities) and neither been registered nor assisted by the State. Many displaced in previous cycles of displacement (e.g.1990s) in Kenya were also unassisted. While it is generally presumed that these IDPs found their own solution through host families and friends, the Special Rapporteur remains concerned that many of these IDPs, a large part of whom had already been poor, had seen their situation further deteriorate and could be living in urban slums or on the street. In this regard, the Special Rapporteur received reports of a significant increase in street children, many of whom were believed to be IDPs, in a number of large towns and cities since the 2007/2008 post- election violence.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 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
A world fit for children 2002, para. 1
- Paragraph text
- Eleven years ago, at the World Summit for Children, world leaders made a joint commitment and issued an urgent, universal appeal to give every child a better future.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 2
- Paragraph text
- Since then, much progress has been made, as documented in the report of the Secretary-General entitled “We the Children”. Millions of young lives have been saved, more children than ever are in school, more children are actively involved in decisions concerning their lives and important treaties have been concluded to protect children. However, these achievements and gains have been uneven, and many obstacles remain, particularly in developing countries. A brighter future for all children has proved elusive, and overall gains have fallen short of national obligations and international commitments.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2002
Paragraph
A world fit for children 2002, para. 3
- Paragraph text
- We, the heads of State and Government and representatives of States participating in the special session of the General Assembly on children, reaffirming our commitment to the purposes and principles enshrined in the Charter of the United Nations, are determined to seize this historic opportunity to change the world for and with children. Accordingly, we reaffirm our commitment to complete the unfinished agenda of the World Summit for Children and to address other emerging issues vital to the achievement of the longer-term goals and objectives endorsed at recent major United Nations summits and conferences, in particular the United Nations Millennium Declaration, through national action and international cooperation.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 4
- Paragraph text
- We reaffirm our obligation to take action to promote and protect the rights of each child – every human being below the age of 18 years, including adolescents. We are determined to respect the dignity and to secure the well-being of all children. We acknowledge that the Convention on the Rights of the Child, the most universally embraced human rights treaty in history, and the Optional Protocols thereto, contain a comprehensive set of international legal standards for the protection and well-being of children. We also recognize the importance of other international instruments relevant for children.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Adolescents
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 5
- Paragraph text
- We stress our commitment to create a world fit for children, in which sustainable human development, taking into account the best interests of the child, is founded on principles of democracy, equality, non-discrimination, peace and social justice and the universality, indivisibility, interdependence and interrelatedness of all human rights, including the right to development.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 6
- Paragraph text
- We recognize and support parents and families or, as the case may be, legal guardians as the primary caretakers of children, and we will strengthen their capacity to provide optimum care, nurturing and protection.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.1
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Put children first. In all actions related to children, the best interests of the child shall be a primary consideration.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.2
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Eradicate poverty: invest in children. We reaffirm our vow to break the cycle of poverty within a single generation, united in the conviction that investments in children and the realization of their rights are among the most effective ways to eradicate poverty. Immediate action must be taken to eliminate the worst forms of child labour.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.3
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Leave no child behind. Each girl and boy is born free and equal in dignity and rights; therefore, all forms of discrimination affecting children must end.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.4
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Care for every child. Children must get the best possible start in life. Their survival, protection, growth and development in good health and with proper nutrition are the essential foundation of human development. We will make concerted efforts to fight infectious diseases, tackle major causes of malnutrition and nurture children in a safe environment that enables them to be physically healthy, mentally alert, emotionally secure, socially competent and able to learn.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.5
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Educate every child. All girls and boys must have access to and complete primary education that is free, compulsory and of good quality as a cornerstone of an inclusive basic education. Gender disparities in primary and secondary education must be eliminated.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.6
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Protect children from harm and exploitation. Children must be protected against any acts of violence, abuse, exploitation and discrimination, as well as all forms of terrorism and hostage-taking.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.7
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Protect children from war. Children must be protected from the horrors of armed conflict. Children under foreign occupation must also be protected, in accordance with the provisions of international humanitarian law.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.8
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Combat HIV/AIDS. Children and their families must be protected from the devastating impact of the human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Health
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.9
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Listen to children and ensure their participation. Children and adolescents are resourceful citizens capable of helping to build a better future for all. We must respect their right to express themselves and to participate in all matters affecting them, in accordance with their age and maturity.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 7.10
- Paragraph text
- [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Protect the Earth for children. We must safeguard our natural environment, with its diversity of life, its beauty and its resources, all of which enhance the quality of life, for present and future generations. We will give every assistance to protect children and minimize the impact of natural disasters and environmental degradation on them.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 8
- Paragraph text
- We recognize that the implementation of the present Declaration and the Plan of Action requires not only renewed political will but also the mobilization and allocation of additional resources at both the national and international levels, taking into account the urgency and gravity of the special needs of children.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2002
Paragraph