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A global call for concrete action for the elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (2020), para. 07
- Paragraph text
- Alarmed at the global rise in hate speech, constituting incitement to racial discrimination, hostility and violence, stressing the importance of addressing it, and in this regard noting the launch of the United Nations Strategy and P lan of Action on Hate Speech in June 2019,
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 11
- Paragraph text
- International law requires States to prosecute trafficking and related offences. The Special Rapporteur notes, however, that the prosecution of anti-trafficking responses is a broad category that includes not only the investigation and adjudication of trafficking cases but also encompasses a number of related spheres of activity, including the applicable legal framework, international legal cooperation and asset confiscation. Prosecution should therefore be seen as only a part of a strategy of criminalization.
- 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. 12
- Paragraph text
- For any effective criminalization strategy, the Special Rapporteur notes the need for a rights-based approach to trafficking. Such an approach has been widely endorsed by the international community, including the General Assembly and Human Rights Council. The commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking explains that a human rights-based approach is a conceptual framework for dealing with a phenomenon such as trafficking that is normatively based on international human rights standards and that is operationally directed to promoting and protecting human rights. It affirms that such an approach requires analysis of the ways in which human rights violations arise throughout the trafficking cycle, as well as of States' obligations under international human rights law. It seeks to both identify and redress the discriminatory practices and unjust distributions of power that underlie trafficking, maintain impunity for traffickers and deny justice to victims of trafficking.
- 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. 13
- Paragraph text
- The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages.
- 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. 15
- Paragraph text
- In the present report, the Special Rapporteur thus seeks to contribute to a better understanding of the criminal justice response to trafficking by exploring examples of good practices and analysing some of the challenges faced by States. The Special Rapporteur will draw on the responses of States to her questionnaire (annex I). She thanks the States that submitted responses to her questionnaire (annex II) for their involvement.
- 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. 16
- Paragraph text
- The criminalization of human trafficking is an essential aspect of any programme to combat and prevent trafficking in persons. The obligation on States to criminalize trafficking is clear; it is contained in all specialist trafficking treaties and its importance has been repeatedly confirmed through international and regional policy instruments, including by the United Nations Global Plan of Action to Combat 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
- N.A.
- Year
- 2012
Paragraph
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. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- 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. 19
- Paragraph text
- The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. In recent years, a number of other States, including Lesotho, Lebanon and Romania, have passed new anti-trafficking laws.
- 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. 20
- Paragraph text
- In Asia, Cambodia, Indonesia, Malaysia and Viet Nam have also enacted new laws on trafficking following a thorough review of relevant national legislation. Thailand, despite not having ratified the Trafficking Protocol, defines exploitation in a manner very close to its language.
- 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. 21
- Paragraph text
- The information received indicated that only a minority of States do not have laws criminalizing human trafficking. For example neither Estonia nor Panama has an anti-trafficking law, although relevant cases have reportedly been prosecuted under other criminal offences. The Special Rapporteur is pleased to learn that, a bill and an amendment to the criminal code are respectively pending adoption.
- 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. 22
- Paragraph text
- The Special Rapporteur observes, however, that legislation is not an end in itself. Even in States with strong anti-trafficking measures, laws are sometimes not enforced or there is a lack of implementing regulations. Indeed, certain countries with strong legal platforms are sometimes described as safe havens because they do not enforce their own laws.
- 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. 23
- Paragraph text
- Trafficked persons are often arrested, detained, charged and even prosecuted for such unlawful activities as entering illegally, working illegally or engaging in prostitution. The vulnerability of trafficked persons to such treatment is often directly linked to their situation: their identity documents may be forged or have been taken away from them, and the exploitative activities in which they are or have been engaged, such as prostitution, soliciting or begging, may be illegal in the State of destination. Criminalization is also possible in countries of origin, where returned victims of trafficking may be penalized for unlawful or unauthorized departure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- 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. 24
- Paragraph text
- In many cases, criminalization is tied to a failure of the State to identify the victim correctly; trafficked persons arrested, detained and charged not as victims of trafficking, but as smuggled or undocumented workers. The Special Rapporteur notes that efforts to identify trafficked persons as victims deserving of protections are often complicated by the problem of "imperfect" victims. Some victims may have committed crimes, whether willingly or as a result of force, fraud or coercion, prior to becoming or in conjunction with becoming a trafficking victim, thereby making it hard to distinguish victims from perpetrators.
- 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. 25
- Paragraph text
- While trafficked persons are not entitled to wholesale immunity from crimes they commit, the Special Rapporteur observes that the increasingly recognized standard is that they should not be prosecuted for offences relating to their status as trafficking victims. Indeed, criminalization and/or detention of victims of trafficking is incompatible with a rights-based approach to trafficking because it inevitably compounds the harm already experienced by trafficked persons and denies them the rights to which they are entitled.
- 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. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- 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. 28
- Paragraph text
- The Special Rapporteur observes that, while numerous States do not have a specific law designed to minimize the criminalization of trafficking victims, many note that, as a matter of policy, trafficking victims are not prosecuted for status-related crimes. The Special Rapporteur observes, however, that some States have passed specific legislation in this regard. For example, a Moldovan law provides that trafficked persons who have committed unlawful acts as a direct result of being trafficked will not be prosecuted for such offences. In the United States, New York State recently passed a law to allow trafficking victims with prostitution-related convictions to vacate their judgements.
- 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. 29
- Paragraph text
- Other laws provide more limited protection for trafficked persons. For example, in Azerbaijan, trafficked persons are exempt from liability only for deeds committed under coercion or intimidation while being trafficked. In Jamaica, the law provides for immunity from prosecution if a victim of trafficking breaches immigration or prostitution laws. In Slovakia, while criminal liability for victims is not explicitly excluded, being a victim of trafficking is considered to be a mitigating circumstance. Lithuanian law currently provides that victims of trafficking not be punished for engaging in prostitution; draft amendments to the Penal Code exempt victims of trafficking from any criminal act committed as a direct consequence of their situation.
- 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. 30
- Paragraph text
- In other States, however, statutes criminalize activities associated with trafficking without proper safeguards to identify victims of trafficking. For example, in India, the Ministry of Home Affairs issued a memorandum in 2009 instructing law enforcement to focus on the aspects of the Trafficking Act that criminalize exploiters. Reports nonetheless indicate that the Act, which criminalizes the act of solicitation for prostitution, continues to be used to detain and penalize prostitutes, including those who are victims of trafficking.
- 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. 31
- Paragraph text
- Timely and efficient identification of victims is central to the criminalization of trafficking, as it affects the ability of law enforcement officials to prosecute traffickers effectively and is fundamental in terms of being able to provide trafficked persons with the necessary support services. The Special Rapporteur observes, however, that the issue of identification raises a number of complex pragmatic questions, in particular concerning how, where and by whom identification should be performed.
- 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. 32
- Paragraph text
- The Special Rapporteur is aware of the fact that each victim of trafficking has a unique story and experience, which makes it difficult to create categorical rules about identification of victims. Yet while there is no one clear formula for best identifying victims, a number of examples and already existing practices may provide guidance on the issue.
- 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. 34
- Paragraph text
- Police are often at the forefront when identifying victims, and thus play a critical role in this process. While they may be experienced in law enforcement in general, they may not have specific expertise in trafficking in persons; for this reason, the Special Rapporteur highlights the importance of ensuring that they are given appropriate training to identify victims of trafficking accurately and with sensitivity.
- 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. 35
- Paragraph text
- In response to Special Rapporteur's questionnaire on specific actions taken by Governments to facilitate quick and accurate identification of trafficking victims, numerous responses, in particular from Estonia, Finland, Georgia, Germany, Japan, Lithuania, Malta, the Netherlands, Romania, and Sweden, indicated that task force or agencies coordinating in country anti-trafficking work have organized specialized training sessions to enhance the capacity of front-line officers, especially the police, immigration, border guards and labour inspectors, to identify actual and potential trafficking victims and to make referrals to appropriate services. Most of the sessions were carried out in collaboration and/or with funding from international organizations, including IOM, ILO, UNODC, the European Union, the United States Agency for International Development, the Asia Regional Trafficking in Persons Project and the Swedish International Development Cooperation Agency. Some Governments have gone even further to develop national referral mechanisms, standard operating procedures or brochures, manuals, handbooks and/or other tool kits to build capacity and raise awareness to facilitate rapid and accurate identification of 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
- 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. 40
- Paragraph text
- Some States have introduced reflection and recovery periods in order to provide immediate support and protection to victims not conditional on cooperation with criminal justice processes. During these periods, trafficking victims receive assistance, including shelter, health care and legal advice to enable them to make informed decisions about whether to participate in the criminal justice process. Such periods of reflection have the added advantage of giving investigators and prosecutors time to gather evidence.
- 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
- 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. 42
- Paragraph text
- The Special Rapporteur notes that other States have linked the provision of assistance and protection to cooperation with national criminal justice agencies. For example, in Norway, in accordance with measure No. 5 of its Action Plan to Combat Human Trafficking, permanent residency permits are available for trafficking victims who face retribution or hardship in their country of origin as long as they give a statement to police outside of court and for those victims who testify in court. In some legal systems, the issue of conditional assistance is complicated by a legal requirement on victims to cooperate in an investigation or prosecution if that cooperation is deemed necessary. The Special Rapporteur notes that, in accordance with international law, support and protection should not be made conditional on the victim's capacity or willingness to cooperate in legal proceedings.
- 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. 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. 45
- Paragraph text
- Numerous international legal and policy instruments agree that any effective anti-trafficking effort must involve close collaboration between criminal justice agencies and victim support agencies, including non-governmental organizations.
- 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
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- 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. 47
- Paragraph text
- Partnerships may suffer, however, if there is a lack of trust between criminal justice agencies and victim support agencies, in particular if those supporting victims are not provided adequate funding, not trusted to participate in legal processes, or excluded from anti-trafficking efforts. Where such relationships are properly developed, however, the results can be very fruitful.
- 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