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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Strengthening accountability for trafficking in persons in conflict situations | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2023 | A/78/172 | ||||||
Addressing the gender dimensions of trafficking in persons in the context of climate change, displacement and disaster risk reduction | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2022 | A/77/170 | ||||||
Intersections between trafficking in persons and terrorism | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2021 | A/76/263 | ||||||
20 Years After: Implementing and Going Beyond the Palermo Protocol towards a human rights centred approach | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2020 | A/75/169 | ||||||
Access to remedy for victims of trafficking for abuses committed by businesses and their suppliers | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2019 | A/74/189 | ||||||
Gender dimension of trafficking in persons in conflict and post-conflict settings as it relates to the women and peace and security agenda of the Security Council | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2018 | A/73/171 | ||||||
Joint study on the vulnerabilities of children to sale, trafficking, and other forms of exploitation in situations of conflict and humanitarian crisis | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2017 | A/72/164 | ||||||
Refugee protection, internal displacement and statelessness | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2023 | A/HRC/53/28 | ||||||
Trafficking in persons in the agriculture sector: human rights due diligence and sustainable development | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2022 | A/HRC/50/33 | ||||||
Implementation of the non-punishment principle | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2021 | A/HRC/47/34 | ||||||
Beyond law enforcement, towards social justice: proposals on the way forward for an effective implementation of a human rights based-approach to trafficking in persons | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2020 | A/HRC/44/45 | ||||||
Innovative and transformative models of social inclusion of survivors of trafficking in persons into societies | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2019 | A/HRC/41/46 | ||||||
Early identification, referral and protection of victims or potential victims of trafficking in persons in mixed migration movements | Jan 19, 2024 | Document | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 2018 | A/HRC/38/45 | ||||||
The issue of trafficking in persons for the removal of organs 2013, para. 24 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | In 2000, the flow of organs was believed to follow the modern route of capital: from the South to the North, from the Third World to the First World, from poor to rich, from black and brown to white, and from female to male. Data reviewed by the Special Rapporteur generally confirmed the key points of this assertion, except in relation to the gender aspect. The trade in organs sharply reflects economic and social divisions within and, most particularly, between countries. Recipients are generally independently wealthy or supported by their Governments or private insurance companies. Victims are inevitably poor, often unemployed and with low levels of education, rendering them vulnerable to deception about the nature of the transaction and its potential impacts. Available information indicates that, while trafficking in persons for the removal of organs can occur within a single country, it may involve legitimate regional cooperation or, most commonly, potential recipients travelling to another country for a transplantation that would be unlawful or otherwise unavailable at home (known as "transplant tourism"). Intermediaries, including brokers and health-care providers, arrange the recipients' travel and recruit "donors". |
| 2013 | |||||
The right to an effective remedy for trafficked persons 2011, para. 60 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | All States of origin, transit or destination have an international legal obligation to provide remedies for trafficked persons where an act or omission attributable to them breaches an international obligation. In the context of trafficking, which involves in most cases the conduct of private persons, it is important to recall that States are under an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. The right to an effective remedy is also a fundamental human right in itself and States have a duty to respect, protect and fulfil this right. While discussions on the right to an effective remedy for trafficked persons at the international level often focus on the right to compensation, it is stressed that other components, such as recovery, restitution, satisfaction and guarantees of non-repetition, are equally important aspects of a remedy. Viewed from this perspective, an effective remedy necessarily calls for individually tailored measures, based on a careful assessment of the best interests of that particular trafficked person. |
| 2011 | |||||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66j | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Deductions made from workers’ wages are lawful; |
| 2017 | |||||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 25 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | Regarding recruitment regulation, the ILO launched in September 2016 the non-binding ILO general principles and operational guidelines for fair recruitment, in which it is reiterated that recruitment should take place in a way that respects, protects and fulfils internationally recognized human rights, including those expressed in international labour standards, such as prevention and elimination of forced labour. The guidelines enshrine principles related to the prohibition of recruitment fees, transparency in the terms and conditions of employment, the prohibition against confiscating workers’ identity documents, and contracts, among others. Another initiative, the International Recruitment Integrity System (IRIS) was launched by IOM in 2014. IRIS is a multi-stakeholder initiative for labour recruiters that offers a certification system to recognize ethical recruiters on the basis of an evaluation of their compliance with the IRIS Code of Conduct. Based on the ILO labour standards, the Guiding Principles on Business and Human Rights and good practices in the industry, the Code of Conduct also includes principles on the prohibition of charging recruitment fees to jobseekers, respect for freedom of movement, respect for transparency of terms and conditions of employment, respect for confidentiality and data protection and respect for access to remedy. |
| 2017 | |||||
Agenda setting of the work of the Special Rapporteur 2015, para. 79 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedure, the Special Rapporteur will communicate cases to States, requesting clarification and action. |
| 2015 | |||||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 47 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | From the inception of the mandate, both the Special Rapporteurs have clearly affirmed the right of victims of trafficking to access remedies for the harms committed against them. In country reports, both mandate holders have consistently examined the extent to which this right is protected by law and realized in practice. This has revealed that trafficked persons are frequently left without remedies or the support necessary to access them, a situation that exacerbates the risk of further human rights violations including through retrafficking. It was on the basis of insights gained through her country visits and information received through other activities, including her assessment of regional response mechanisms, that the Special Rapporteur decided to make effective remedies for victims the subject of more systematic and detailed attention. To that end she organized an expert consultation in 2010 that was followed by an online discussion forum and an interactive dialogue held during the seventeenth session of the Human Rights Council in the context of her thematic reports on the subject (A/HRC/17/35 and A/66/28). Regional consultations were held during 2013 and early 2014 to disseminate, discuss and refine a set of draft basic principles on the right to an effective remedy for trafficked persons. |
| 2014 | |||||
Agenda setting of the work of the Special Rapporteur 2015, para. 54 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | With a view to preventing all forms of trafficking, the Special Rapporteur also intends to develop, through research, thematic studies and other means, an understanding of new and emerging trends in trafficking, such as the consequences and impacts that conflicts and humanitarian crises may have on trafficking, on which there is a dearth of information. |
| 2015 | |||||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 23 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | With regard to national rapporteurs and equivalent mechanisms, the Special Rapporteur wishes to mention specifically the outcomes of the two consultative meetings she convened in 2013 and 2014 in order to foster partnerships and enhance collaboration, in fulfilment of General Assembly resolutions 59/166, 61/144, 63/156, 64/293, 68/186 and 68/192 and in follow-up to reports to the Human Rights Council by the Special Rapporteur and to the Economic and Social Council by the High Commissioner for Human Rights (see, for example, E/2002/68/Add.1, A/HRC/10/16 and Corr. 1 and A/HRC/26/37/Add.1) and directives of the European Union, including directive 12011/36EU. According to statements made by participants at the twenty-sixth session of the Human Rights Council and the responses to a questionnaire sent out by the Special Rapporteur, those outcomes were highly appreciated. The establishment of an informal network of such mechanisms from all over the world in order to address trafficking in persons consistently, exchange information and best practices and build on different national experiences was one of the main outcomes of those meetings. Other recommendations included the need for a global baseline study in order to better understand the roles of national rapporteurs and equivalent mechanisms and provide guidance for their work. |
| 2014 | |||||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes. |
| 2012 | |||||
The issue of trafficking in persons for the removal of organs 2013, para. 26 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | While persons travelling abroad to receive purchased organs come from many countries and from all regions of the world, "a heavier reliance on overseas transplantation and transplant tourism is believed to exist in Asia and the Middle East than in other regions". Recently, some countries have been identified as organ-importing, or "demand", countries in which criminal prosecutions for trafficking in persons for the removal of organs have been initiated. |
| 2013 | |||||
The issue of trafficking in persons for the removal of organs 2013, para. 78 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | All States should take steps to ensure that trafficking in persons for the removal of organs is fully and appropriately incorporated into national policies on trafficking in persons, including national action plans and national coordination and response mechanisms. |
| 2013 | |||||
The issue of trafficking in persons for the removal of organs 2013, para. 28 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | Some 100 illegal kidney transplants were allegedly performed at a hospital in an African country from 2001 to 2003; most of the recipients came from the Middle East. The organs were sourced from persons from Eastern Europe and South America. Investigations revealed the existence of an international organ trafficking syndicate and brought into public view a long-standing and flourishing transplant tourism business. |
| 2013 | |||||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes. |
| 2012 | |||||
The issue of trafficking in persons for the removal of organs 2013, para. 22 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | Available information on trafficking in persons for the removal of organs is incomplete and often unverified. Scholarly research in this area is not yet well developed and anecdotal reports from civil society organizations and the media remain the primary source of information. Part of the problem lies in the clandestine nature of the trafficking. Even more so than other forms of trafficking in persons, those involved in trafficking in persons for the removal of organs (including victims) have very little incentive to come forward to researchers and criminal justice authorities with information and evidence. Victims are also unlikely to be identified through the multitude of channels that are now used to identify other victims of trafficking such as those subject to forced labour or sexual exploitation. Health-care providers who end up treating persons who have obtained organs abroad may be inhibited from sharing information with the authorities owing to concerns over patient privacy, their own obligations of confidentiality, uncertainty as to whether any laws have been breached or, indeed, their own complicity in the arrangement. Furthermore, definitional problems and confusion contribute to poor reporting and analysis and render comparisons between countries and between transplantation practices extremely difficult. |
| 2013 | |||||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 32 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | 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. |
| 2012 | |||||
The right to an effective remedy for trafficked persons 2011, para. 75 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. The conditionality of temporary residence permits on cooperation with law enforcement authorities is the antithesis of the human rights-based approach to combating trafficking in persons and should be abolished. |
| 2011 | |||||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 69 | Aug 19, 2019 | Paragraph | Special Rapporteur on trafficking in persons, especially in women and children | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well as in the United States and Nigeria. The Netherlands built on the experience by providing the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with training and technical assistance for detectives, prosecutors and border police. Another example of cross-border collaboration can be seen in Rwanda, whose national police Aanti-trafficking unit has collaborated with police in Burundi to rescue victims. In addition, Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train law enforcement officials, including by sending them abroad. |
| 2012 |