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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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Trafficking in persons in conflict and post-conflict situations 2016, para. 65b | Aug 19, 2019 | Paragraph | [United Nations agencies and programmes, international organizations and humanitarian actors should:] Establish or revise existing standard operating procedures and conduct training for personnel, including personnel of contractors and implementing agencies who are likely to enter into contact with victims and potential victims of trafficking as well as with traffickers. These should include instructions concerning protective measures, including appropriate and tailored assistance, to be applied when indications of trafficking, exploitation or risk of trafficking are found, in collaboration with authorities and civil society organizations; | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 41 | Aug 19, 2019 | Paragraph | In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (see A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 39 | Aug 19, 2019 | Paragraph | In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 35 | Aug 19, 2019 | Paragraph | Survivors of trafficking, sexual slavery and other forms of sexual violence perpetrated during periods of armed conflict rarely receive the assistance they need to reintegrate into society. Too often, survivors face discrimination and stigma in their families and in the wider community, which may make them vulnerable to being retrafficked, further stalling their rehabilitation and reintegration. Stigmatization as well as deficient judicial and legal systems typically impede access to justice for survivors. Access to justice is further impeded by discriminatory laws and regulations. Additionally, sexual and reproductive health services, trauma counselling and reintegration support, such as education and livelihood assistance, are severely limited in conflict and post-conflict areas, leaving the physical and psychological health needs of victims unmet. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 34 | Aug 19, 2019 | Paragraph | Survivors of trafficking, sexual slavery and other forms of sexual violence perpetrated during periods of armed conflict rarely receive the assistance they need to reintegrate into society. Too often, survivors face discrimination and stigma from their families and wider community, which may make them vulnerable to being retrafficked, further stalling their rehabilitation and reintegration. Stigmatization as well as deficient judicial and legal systems typically impede access to justice for survivors. Access to justice is further impeded by discriminatory laws and regulations. Additionally, sexual and reproductive health services, trauma counselling and reintegration support, such as education and livelihood assistance, are severely limited in conflict and post-conflict areas, leaving the physical and psychological health needs of victims unmet. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 9 | Aug 19, 2019 | Paragraph | In the present report she intends to provide information on various ways in which trafficking in persons and conflict interact and intersect. She will first focus on the context and will aim to identify the problem by looking at cases that illustrate different trafficking trends. She will map the legal and policy framework with a view to identifying weaknesses and opportunities. Lastly, she offers recommendations to address trafficking in persons in conflict and post-conflict situations in collaboration with States, civil society and the international community. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
The right to an effective remedy for trafficked persons 2011, para. 75 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 60 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 50 | Aug 19, 2019 | Paragraph | Article 7 of the Palermo Protocol requires each State to consider adopting measures that permit trafficked persons "to remain in its territory, temporarily or permanently, in appropriate cases" and to "give appropriate consideration to humanitarian and compassionate factors" in doing so. At a very minimum, this should entail the provision of a reflection and recovery period to allow trafficked persons to regain physical and psychological stability and to reflect on available options. While an increasing number of States, particularly those in Europe, provide for a reflection and recovery period of varying duration, the majority of States still do not yet establish a reflection and recovery period as a legal right of trafficked persons. Even where it is established by law, trafficked persons often do not benefit from such a period, due to a number of obstacles such as the misidentification of trafficked persons, which results in immediate detention and deportation, and the uncertainty regarding the procedures to be followed in granting the reflection and recovery period. Further, a study on the application of the right to residence found that a reflection and recovery period is often confused with temporary residence status. This confusion is highly problematic, as temporary residence status is often tied to the willingness of trafficked persons to cooperate with law enforcement and testify against traffickers, which defeats the very purpose of a reflection and recovery period. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 48 | Aug 19, 2019 | Paragraph | While some States provide for free legal assistance to victims of crime, including trafficked persons, many States reportedly do not have a system in place to provide for such assistance. Even where the law expressly provides that trafficked persons should be provided with legal assistance, the system may not exist or be effectively implemented in practice, so that legal assistance may only be available from non-governmental or international organizations in reality. Further, some States impose eligibility criteria for legal aid, which may be difficult for trafficked persons to fulfil, such as being nationals of the country or long-term residents with legal status and a domicile. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 41 | Aug 19, 2019 | Paragraph | States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 35 | Aug 19, 2019 | Paragraph | An additional obstacle for trafficked persons to receive compensation is that even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders and actually receive compensation. One of the main contributing factors is that identified traffickers often do not have adequate assets to satisfy an award of compensation. In some cases, traffickers may genuinely not have any assets, as they may be "lower level" offenders such as intermediaries or recruiters. In other cases, law enforcement authorities may lack the expertise, training and resources to conduct financial investigations to freeze and confiscate such assets. Traffickers may thus swiftly transfer their assets to another country or take other steps to conceal them before compensation orders are executed. Even where assets are successfully confiscated, such assets may be automatically transferred into State coffers or otherwise not used to compensate trafficked persons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 32 | Aug 19, 2019 | Paragraph | Trafficked persons may also pursue civil claims on the basis of loss caused by the crime of trafficking pursuant to relevant national law. Although there are recent cases which resulted in a substantive amount of compensation for trafficked persons, it is still extremely difficult for them to receive compensation through civil proceedings. Some of the difficulties associated with civil proceedings include the tendency to be time-consuming, expensive and complicated. Other obstacles include complications in calculating the basis of damages and the relative novelty of non-material damages such as pain and suffering in some States. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 26 | Aug 19, 2019 | Paragraph | Thus, significant challenges still remain in ensuring the enjoyment of the right to an effective remedy by trafficked persons. There are positive signs, however, that States increasingly take the right to an effective remedy into consideration in developing and implementing anti-trafficking responses. The Special Rapporteur was encouraged by solid commitments expressed by a number of States during the interactive dialogue at the Human Rights Council to operationalize this right at the national level. Norway, for instance, noted that the provision of essential information to victims of trafficking in an appropriate manner is often a challenge and pledged to use the Special Rapporteur's report as an inspiration for improvement. Australia mentioned important changes to programmes to support for trafficked persons, including the provision of an extended period for reflection and recovery. The Philippines also informed the Special Rapporteur that its anti trafficking legislation provides for the establishment of a national trust fund that uses fines and properties confiscated from convicted traffickers to provide trafficked persons with a variety of services for their recovery, such as emergency shelters, counselling, free legal services, medical and psychological treatment. Other States, such as Brazil, the Republic of Korea and Greece, shared with the Special Rapporteur information on their efforts geared towards the realization of the right to an effective remedy, such as the provision of counselling, housing, health care and legal assistance. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 25 | Aug 19, 2019 | Paragraph | Article 6, paragraph 3, of the Palermo Protocol requires States to "consider implementing measures to provide for the physical, psychological and social recovery" of trafficked persons and sets out some such measures, including: "(a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities". While according to the legislative guide for the implementation of the Palermo Protocol ("the Legislative Guide"), this provision was not rendered mandatory due to the varying level of socio-economic development or availability of resources in different States, it should be read in conjunction with the purposes of the Palermo Protocol, which include "to protect and assist the victims of such trafficking, with full respect for their human rights" (art. 2) to imply obligations of States parties to implement these measures to the maximum of their available resources. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 11 | Aug 19, 2019 | Paragraph | The Special Rapporteur expresses gratitude to experts and stakeholders who provided valuable inputs to the development of the present report. In particular, she wishes to thank those who participated in the expert consultation held in Bratislava on 22 and 23 November 2010, and in the online discussion forum at the United Nations Global Initiative to Fight Human Trafficking website (UN.GIFT.HUB) from 2 to 21 February 2011. The summary note of the online discussion is included in the present report as annex II. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 81 | Aug 19, 2019 | Paragraph | Discharging the obligation of identification will also require States to review existing victim identification procedures, protocols and practices and revise them as necessary to reflect the particular situation of victims of trafficking in persons for the removal of organs, including challenges of identification that are unique to this form of exploitation. Further steps would include ensuring that those in a position to identify victims (such as medical professionals and front-line law enforcement officials) have the technical capacity to do so effectively and that structures and procedures are in place to support such identification. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 78 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 64 | Aug 19, 2019 | Paragraph | There is also a risk that the development of a parallel legal regime for trafficking in organs will undermine the effectiveness of the extremely comprehensive legal regime that has been developed around trafficking in persons. Certainly, research conducted for the present report confirmed that the very robust and comprehensive set of rules and standards that apply to trafficking in persons for the removal of organs are not fully appreciated and are not being fully utilized. For example, as victims of trafficking in persons, those who have been subject to trafficking in persons for the removal of organs are entitled to a wide range of identification, assistance and protection rights that would not otherwise be available to them. The identification of transplantation-related exploitation as trafficking in persons for the removal of organs also imposes substantial and wide-ranging obligations on States with regard to criminalization and international legal and operational cooperation. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 40 | Aug 19, 2019 | Paragraph | Prohibition of commercialism (buying, selling and financial gain). The international and regional standards mentioned above, which unanimously advocate prohibition of the buying and selling of human organs, have been incorporated by most countries into national law. The Islamic Republic of Iran runs a system of regulated, paid living and deceased organ donation that provides the notable exception. In countries that prohibit the sale of organs, donors may nevertheless receive limited compensation, which is not considered payment. Some countries, such as the United States, reimburse some expenses and give grants for programmes to increase donations and effective transplant process. Other countries, including Israel and Singapore, have gone much further in incentivizing donation, for example by according priority for transplantation to persons on the national donor registry. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 39 | Aug 19, 2019 | Paragraph | National legal frameworks governing organ transplantation can be extremely complex, addressing a wide range of matters, many of which affect, directly or indirectly, trafficking in persons for the removal of organs. The main issues are briefly described below. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 34 | Aug 19, 2019 | Paragraph | The United Nations has also been active in debates and setting standards regarding trafficking in persons for the removal of organs, most particularly through the World Health Organization (WHO), which has issued a series of resolutions and guidelines on the subject, the most recent being the WHO guiding principles on human cell, tissue and organ transplantation, endorsed in 2010 by the sixty-third World Health Assembly in its resolution 63.22. Among other things, they stipulate that the human body and its parts are not to be the subject of commercial transactions and, in guiding principle 5, that "purchasing, or offering to purchase, cells, tissues or organs for transplantation, or their sale by living persons or by the next of kin for deceased persons, should be banned". | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 32 | Aug 19, 2019 | Paragraph | One key feature of the response to trafficking in persons for the removal of organs is its separation from the broader international movement against trafficking in persons. Initial leadership in debate and action around trafficking in persons for the removal of organs was largely provided by the medical and transplant communities, which have been central to identifying the existence of a problem and developing standards and protocols for practitioners. For example, since 1985, the General Assembly of the World Medical Association has issued a series of resolutions and guidelines in which it has condemned the human organ trade and urged Governments to take action to prevent commercial markets. It has also addressed the use of organs from executed prisoners. At the sixty-third General Assembly of the World Medical Association, held in Bangkok in October 2012, a statement on organ and tissue donation was adopted, in which the Assembly affirmed its rejection of the practice in all cases because of the impossibility of instituting adequate safeguards against coercion. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 28 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 26 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 24 | Aug 19, 2019 | Paragraph | 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". | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 22 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 19 | Aug 19, 2019 | Paragraph | Worldwide, there is an acute shortage of organs for transplantation, which effectively means that many people who would have benefited from such treatment will die. The mismatch between the growing demand for organ transplants and the strict limits on available supply is the root cause of many of the legal, ethical and human rights issues that arise around organ transplantation. For example, there is great debate around consent for deceased organ "donation" and even around the definition of death. In relation to both deceased and live transplantation, a key issue is the question of commercialization. The dominant view is that organs for transplantation should be a gift, generated by an act of altruism that is not distorted by incentives or payments. A money-driven market in organs is seen to benefit the rich at the expense of the poor, opening the door to greater exploitation of both the seller and the buyer. Others argue, however, that this system will never begin to satisfy the demand for transplants, that it produces wasteful inefficiencies and that it contributes to the growth of exploitative and uncontrolled shadow markets. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 18 | Aug 19, 2019 | Paragraph | The transplantation of organs from a living or deceased person into another person is a relatively new area of medical practice but one that is rapidly accelerating as a result of advances in surgery, immunology and pharmacology. Deceased persons remain the source of many organ transplants and indeed are the only possible source for certain transplants, such as those involving hearts and lungs. It is, however, increasingly possible, and in some cases preferable, to use the organs of living persons for some transplant procedures. Kidneys, for example, can be transferred from a living person, often with better results for the recipient and, in theory at least, with little harm to the donor. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The issue of human trafficking in supply chains 2012, para. 36 | Aug 19, 2019 | Paragraph | That those codes are of a voluntary and self-regulating nature also often leads to criticism that they are toothless and effectively unenforceable. While some companies have adopted robust strategies involving a verification and certification system by an independent social auditor, the effective and independent monitoring of the implementation of codes of conduct is not institutionalized in most companies. For example, it has been reported that the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Harkin-Engel Protocol), which was signed by chocolate and cocoa industry representatives, has not been implemented effectively, partly owing to the fact that implementation is not supported by independent product certification. Auditors monitoring companies' supply chains may also not be adequately trained in the issue of human trafficking and may report only specific labour law violations such as delayed payment of wages or long working hours, without making the necessary connection with possible situations of trafficking. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 |