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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 78 | Aug 19, 2019 | Paragraph | Multi-stakeholder initiatives should ensure that assurance providers and auditors have demonstrated knowledge and experience in assessing compliance with labour-related standards and in interviewing workers on an ongoing basis. When risk indicators are identified, the initiatives should consider requiring the collaboration of assurance providers and auditors with civil society organizations that are specialized in victim identification and that provide specialized services for trafficked persons. Multi-stakeholder initiatives should ensure that specialized services address gender concerns and that services are offered to both men and women. They should also consider including forced labour and human trafficking experts in oversight bodies. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Due diligence and trafficking in persons 2015, para. 33 | Aug 19, 2019 | Paragraph | Human rights due diligence also requires that investigations and prosecution adopt gender-specific measures that take into account the different assistance and protection needs of women and men, girls and boys and overcome discriminatory barriers to accessing remedies, such as by preventing the introduction of discriminatory evidence in proceedings to determine the victim's right to redress and ensuring that complaint mechanisms and investigations into trafficking in persons incorporate specific positive measures that enable victims to come forward to seek and obtain redress. States should also address other barriers that victims of trafficking in persons often face, including diplomatic immunity when domestic workers are in diplomatic households. Some countries, such as Switzerland and Belgium, have established a specific mediation mechanism to resolve labour conflicts arising between domestic workers and persons enjoying diplomatic privileges and immunities. Trafficked persons, as well as their families and relevant witnesses, should be protected against unlawful interference with their privacy and safety before, during and after relevant proceedings. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 35 | Aug 19, 2019 | Paragraph | As noted above, international understanding of the nature and scope of trafficking has expanded significantly in the past several decades. It is now widely accepted that women, men and children are trafficked and that the forms of trafficking are as varied as the potential for profit or other personal gain. This development is highly significant from the perspective of international law because it brings within the relevant legal framework a wide range of exploitative conduct, much of which has been poorly or selectively regulated at both national and international levels. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 48 | Aug 19, 2019 | Paragraph | The work of the mandate holders has confirmed that the problem of human trafficking continues to be endemic in all parts of the world. While awareness of trafficking and of relevant rights and obligations has improved significantly, it has not resulted in substantial improvements on the ground. Large numbers of women, men and children continue to be exploited; very few receive support, protection or redress; few of the perpetrators are apprehended; and in every country the number of prosecutions remains stubbornly low. It is thus pertinent to draw out the challenges that are likely to be of particular concern to the international community and to the holders of the mandate as it evolves in the future. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 18 | Aug 19, 2019 | Paragraph | The impact of country visits on anti-trafficking efforts at the national, regional and international levels has also been noted by partners. In this regard, the Special Rapporteur was pleased to learn that the recommendations she made to Member States, following country visits, for reforming national legislative and anti-trafficking policy frameworks in line with international norms had largely been implemented. This has meant shifts in policy and practice around trafficking. For example, in Morocco, a new migration policy includes measures to address trafficking in persons; in Japan, the action plan to combat trafficking in persons now covers all elements of the international definition of trafficking and includes specific provisions for trafficking in men and boys; in Australia, the national action plan to combat human trafficking and slavery is set to address a number of her recommendations; and in Belarus, the national plan of action for gender equality includes measures for the protection of, and assistance to, victims of trafficking. The establishment of, or amendments to, national anti-trafficking laws in conformity with the definition in the Palermo Protocol and the ratification of international and regional instruments for the protection of victims of trafficking were also positive achievements following a country visit by the Special Rapporteur. In that regard, States, including Australia, Lebanon, Seychelles and Thailand, have promulgated new national legal instruments addressing various aspects of trafficking in persons while others, such as Belarus, Bosnia and Herzegovina and Japan, have amended the relevant anti-trafficking provisions in existing laws. Recommendations concerning the establishment or strengthening of national rapporteurs on trafficking, and equivalent mechanisms, and cooperation with civil society organizations were, for the most part, followed up. In a number of countries, interministerial anti-trafficking committees have been established and services, including hotlines and shelters, to provide assistance to victims of trafficking put in place (Japan, Lebanon, Seychelles). Examples of how States have strengthened their partnerships with authorities in source, transfer and destination countries include bilateral agreements entered into with other States, as was done by Bosnia and Herzegovina and Thailand, or by supporting various anti-trafficking programmes in source countries such as Japan. A number of countries have also strengthened collaboration with civil society organizations in the provision of assistance to victims of trafficking and the development of national referral guidelines for the identification of, and support to, victims in a coordinated manner. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58a | Aug 19, 2019 | Paragraph | [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider undertaking studies in relation to emerging areas of concern, such as illicit recruitment practices, trafficking in men for forced and exploitative labour, trafficking for forced begging and criminal activities, trafficking for forced or servile marriage and return and the risk of retrafficking. They should also consider giving further attention to trafficking in persons for the removal of organs in continuation of the initial work undertaken by the Special Rapporteur; | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 78b | Aug 19, 2019 | Paragraph | [The Human Rights Council should:] Consider abbreviating the title of the mandate by removing the specific reference to women and children. While that reference is part of the title of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, it may deflect attention from the reality that trafficking is a problem affecting men as well as women and children. However, the substance of the mandate as set out in Human Rights Council resolution 8/12: "to promote the prevention of trafficking in persons in all its forms and the adoption of measures to uphold and protect the human rights of victims" has proved to be a sound one that requires no substantial modifications. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 77 | Aug 19, 2019 | Paragraph | A report by the Global Alliance against Traffic in Women states that "a human rights approach to trafficking is empty and meaningless if it does not place at the very core the voice and agency of trafficked and migrant women". Whilst measures to address demand must evidently also include consultation with men and children, a human rights-based approach to human trafficking must foreground the rights and wellbeing of those who have been trafficked, placing them and their views at the centre of discussions around measures to discourage demand. Genuine inclusion of the views and voices of those who have been trafficked assists in developing a proportionate response and reflecting the rights and desires of victims, as well as the inherent complexity of the issue. A consultative approach encourages the implementation of strategies focusing on the potential impact on such individuals, in keeping with international human rights principles around human trafficking. As the High Commissioner for Human Rights noted, a human rights-based approach "requires us to consider, at each and every stage, the impact that a law, policy, practice or measure may have on persons who have been trafficked and persons who are vulnerable to being trafficked". | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
The right to an effective remedy for trafficked persons 2011, para. 17 | Aug 19, 2019 | Paragraph | Recovery includes medical and psychological care, as well as legal and social services. As trafficking often causes severe physical and psychological consequences for the victims, recovery is a crucial form of remedy. In the Human Rights Council report, the Special Rapporteur noted with concern that in some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked, and that access to recovery services is made conditional on the capacity or willingness of trafficked persons to cooperate with law enforcement authorities. Further, she expressed concern about the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2011 | ||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 108 | Aug 19, 2019 | Paragraph | Regional cooperation instruments and plans of action should promote the ratification of international human rights law instruments, including the Palermo Protocol. In particular, they should contain a commitment by all countries to adopt the Palermo Protocol definition of human trafficking, which covers trafficking of all persons, women, children and men, and in all its forms, including for sexual exploitation, labour exploitation, slavery or practices similar to slavery, organ transplantation and other exploitative reasons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2010 | ||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 93 | Aug 19, 2019 | Paragraph | Similarly, the SAARC Convention calls upon its States parties to promote awareness, inter alia, through the use of the media, of the problem of trafficking in women and children and its underlying causes, including the projection of negative images of women. Also active on gender mainstreaming in relation to trafficking, COMMIT in the Mekong region has taken the stance of involving both women and men in decision-making concerning counter-trafficking policies. On that basis, UNIAP works to ensure that every level of its work, from high-level forums with senior officials to community-based initiatives, includes both women and men, and that women are represented in positions of leadership and responsibility. The OAS secretariat promotes the inclusion of a gender perspective in all aspects of its work, and encourages OAS member States to send an equal number of male and female participants to all training provided or supported by OAS. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2010 | ||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 121 | Aug 19, 2019 | Paragraph | [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Promote the participation of both women and men in decision-making concerning counter-trafficking policies, at every level and notably in positions of leadership. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2010 |
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