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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 39
- Paragraph text
- Despite these challenges, host communities are often the key to ensuring essential assistance services to IDPs, to the work of humanitarian organizations, and to finding durable solutions. They are most often the "first responders" to a crisis, and may welcome, support and assist IDPs upon their arrival. But as displacement becomes protracted, tensions can often result due to competition over scarce resources, employment opportunities, or from underlying religious, ethnic, cultural or other differences - frequently related to or exacerbated by the conflict causing the displacement in the first place. Without IDP frameworks and institutions in place to respond to the particular context and needs of IDPs living within these communities, these tensions and competition over resources and services will usually have a disproportionate impact on the most vulnerable IDP groups, such as female-headed households, children and older persons, and leave them exposed to human rights violations, exploitation and poverty.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 43
- Paragraph text
- Improved and more systematized responses to IDPs outside camps, can also help address a number of other issues, including the precarious nature and protection problems raised by unmonitored and unassisted hosting arrangements such as those between IDPs and host families or friends. Highly or entirely dependent on the assistance and shelter provided by host families, certain groups of IDPs, such as vulnerable categories of women, children and the elderly, may be particularly at risk of a number of protection concerns, including abuse, exploitation, and sexual violence by their hosts. In this regard, this mandate has recommended the establishment of appropriate monitoring and ombuds-mechanisms, and other activities such as visits by social workers, working with local associations and counselling centres, and the establishment of a hotline, in order enhance the protection of IDPs living within host-family arrangements.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
Paragraph
A world fit for children 2002, para. 16
- Paragraph text
- We also recognize that a considerable number of children live without parental support, such as orphans, children living on the street, internally displaced and refugee children, children affected by trafficking and sexual and economic exploitation and children who are incarcerated. Special measures should be taken to support such children and the institutions, facilities and services that care for them, and to build and strengthen children’s own abilities to protect themselves.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2002
Paragraph
A world fit for children 2002, para. 34
- Paragraph text
- Taking into account the best interests of the child, we commit ourselves to implement the following goals, strategies and actions with appropriate adaptations to the specific situation of each country and the diverse situations and circumstances in different regions and countries throughout the world.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2002
Paragraph
A world fit for children 2002, para. 42
- Paragraph text
- In some countries, the situation of children is adversely affected by unilateral measures not in accordance with international law and the Charter of the United Nations that create obstacles to trade relations among States, impede the full realization of social and economic development and hinder the well-being of the population in the affected countries, with particular consequences for women and children, including adolescents.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2002
Paragraph
A world fit for children 2002, para. 44.27
- Paragraph text
- [To achieve these goals, we will implement the following strategies and actions:] Resolve to strengthen international cooperation, including burden-sharing in and coordination of humanitarian assistance to countries hosting refugees, and to help all refugees and displaced persons, including children and their families, to return voluntarily to their homes in safety and dignity and to be smoothly reintegrated in their societies.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2002
Paragraph
A world fit for children 2002, para. 44.28
- Paragraph text
- [To achieve these goals, we will implement the following strategies and actions:] Develop and implement policies and programmes, with necessary international cooperation, for the protection, care and well-being of refugee children and children seeking asylum and for the provision of basic social services, including access to education, in addition to health care and food.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2002
Paragraph
A world fit for children 2002, para. 44.29
- Paragraph text
- [To achieve these goals, we will implement the following strategies and actions:] Give priority to programmes for family tracing and reunification, and continue to monitor the care arrangements for unaccompanied and/or separated refugee and internally displaced children.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2002
Paragraph
A world fit for children 2002, para. 54
- Paragraph text
- We will also give special attention to the needs of children in small island developing States, landlocked and transit developing countries and other developing countries, as well as countries with economies in transition.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 2002
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa Action Agenda) (2015), para. 122
- Original document
- Paragraph text
- 111. We recognize that international migration is a multidimensional reality of major relevance for the development of origin, transit and destination countries that must be addressed in a coherent, comprehensive and balanced manner. We will cooperate internationally to ensure safe, orderly and regular migration, with full respect for human rights. We endeavour to increase cooperation on access to and portability of earned benefits, enhance the recognition of foreign qualifications, education and skills, lower the costs of recruitment for migrants and combat unscrupulous recruiters, in accordance with national circumstances and legislation. We further endeavour to implement effective social communication strategies on the contribution of migrants to sustainable development in all its dimensions, in particular in countries of destination, in order to combat xenophobia, facilitate social integration and protect migrants’ human rights through national frameworks. We reaffirm the need to promote and protect effectively the human rights and fundamental freedoms of all migrants, especially those of women and children, regardless of their migration status.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 38
- Paragraph text
- Additionally, adolescents experiencing poverty, armed conflicts, all forms of injustice, family breakdown, political, social and economic instability and all types of migration may be particularly vulnerable. These situations might seriously hamper their health and development. By investing heavily in preventive policies and measures States parties can drastically reduce levels of vulnerability and risk factors; they will also provide cost-effective ways for society to help adolescents develop harmoniously in a free society.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 2003
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1
- Paragraph text
- State Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law shall, whether unaccompanied or accompanied by parents, legal guardians or close relatives, receive appropriate protection and humanitarian assistance in the enjoyment of the rights set out in this Charter and other international human rights and humanitarian instruments to which the States are Parties.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2
- Paragraph text
- State Parties shall undertake to cooperate with existing international organizations which protect and assist refugees in their efforts to protect and assist such a child and to trace the parents or other close relatives or an unaccompanied refugee child in order to obtain information necessary for reunification with the family.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2b
- Paragraph text
- State Parties to the present Charter: shall take all necessary measures to trace and re-unite children with parents or relatives where separation is caused by internal and external displacement arising from armed conflicts or natural disasters.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 3
- Paragraph text
- Where no parents, legal guardians or close relatives can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his family environment for any reason.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 4
- Paragraph text
- The provisions of this Article apply mutatis mutandis to internally displaced children whether through natural disaster, internal armed conflicts, civil strife, breakdown of economic and social order or howsoever caused.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. a
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: establish competent authorities to determine matters of adoption and ensure that the adoption is carried out in conformity with applicable laws and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and guardians and that, if necessary, the appropriate persons concerned have given their informed consent to the adoption on the basis of appropriate counseling;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. b
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: recognize that inter-country adoption in those States that have ratified or adhered to the International Convention on the Rights of the Child or this Charter, may, as the last resort, be considered as an alternative means of a child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. b
- Paragraph text
- State Parties to the present Charter shall take appropriate measures to prevent: the use of children in all forms of begging.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. c
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: ensure that the child affected by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. d
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: take all appropriate measures to ensure that in inter-country adoption, the placement does not result in trafficking or improper financial gain for those who try to adopt a child;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 2c
- Paragraph text
- States Parties shall: c. Provide special protection for and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of households, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 4
- Paragraph text
- Women and men as well as separated and unaccompanied children shall have equal rights to obtain such necessary identity documents and shall have the right to have such documentation issued in their own names.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 5f
- Paragraph text
- Members of armed groups shall be prohibited from: f. Forcibly recruiting persons, kidnapping, abduction or hostage taking, engaging in sexual slavery and trafficking in persons especially women and children;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. h
- Paragraph text
- For the purpose of the present Convention: h. "Child" means every human being below the age of 18 years;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 16
- Paragraph text
- Recent trends show that people fleeing conflict and emergency situations to seek asylum increasingly risk their lives in unsafe travel conditions at sea and on land. Those who survive the perilous journey are at a higher risk of trafficking because of their desperation and lack of viable options. They face continued uncertainty, physical, emotional and psychological insecurity, financial strain and lack of legal and/or social inclusion in their host communities. That lack of inclusion means they have little access to education, health care and housing. It also means they face significant barriers in accessing jobs in the formal labour market and can often only find work in the informal economy. By its very nature, the informal sector is unregulated, making it an ideal environment for unscrupulous employers and/or intermediaries to exploit and traffic workers. With the considerable pressure on children to help provide financial stability to their families during humanitarian crises, those children may not only be vulnerable to trafficking, but they will also be more likely to work in the unregulated informal sector, as they do not receive an education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph