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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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Agenda setting of the work of the Special Rapporteur 2015, para. 63 | Aug 19, 2019 | Paragraph | Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, and call on States to ensure that access to those measures shall not depend on the victim's capacity or willingness to cooperate in legal proceedings. When looking into remaining gaps in the conceptualization of the right to an effective remedy and the operationalization of the basic principles at the national level, the Special Rapporteur expects to further delve into issues such as the possible types of trafficking exploitation covered by the principles, what the barriers to access to remedy are, whether the nature of the State responsibility affects the content of the reparation, the available forms of reparation, the accessibility of compensation funds to victims and the conditions for the protection of victims' rights in out of court settlements . | 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. 50 | Aug 19, 2019 | Paragraph | Procedural components of the right to a remedy. The procedural obligations may be conceived as the range of measures needed to guarantee access to an effective remedy, including access to information, legal assistance and regularization of residency status, which contribute to the realization by trafficked persons of the substantive components of the right to an effective remedy. The Special Rapporteur has come to appreciate that certain preconditions must be fulfilled if the right to a remedy for victims of trafficking is to be realized in practice. For example, failure to identify victims in the first place will inevitably operate to deny those persons access to remedies. In too many countries, trafficked persons, including those who have been identified as such, are detained or deported without being given any opportunity to claim compensation. Improvements in identification procedures; the institution of a "reflection and recovery period", during which victims can receive legal and other assistance; and a review of any legal obstacles to access are therefore critical to effective realization of the right to a remedy. | 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. 36 | Aug 19, 2019 | Paragraph | Over the course of the mandate, the Special Rapporteur has noted that the development of the Palermo Protocol within a framework of crime control has raised understandable concerns that the focus would diminish the attention and commitment due to the human rights of victims. She believes that there should be no conflict between the rights of victims and the responses of the criminal justice system. Administration of justice systems must be geared towards guaranteeing access to justice to victims, providing an effective remedy, promoting respect for the fundamental human rights of victims, including offenders, and ensuring adequate protection and assistance to victims of trafficking in order to prevent revictimization and avoid the danger of being retrafficked (A/64/290, para. 99). Moreover, in recognition of the pressing problems associated with the responses of the criminal justice system and the lack of available guidance, the report of the Special Rapporteur on a rights-based approach to the administration of criminal justice affirmed the obligation of States to criminalize trafficking; to investigate and prosecute trafficking with due diligence; and to provide for appropriate penalties (see A/HRC/20/18). | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 71 | Aug 19, 2019 | Paragraph | While extradition is instrumental in ensuring the efficient prosecution of suspected traffickers, thereby upholding the interests of both the victim and the State, the Special Rapporteur notes the importance of ensuring a rights-based approach to extradition, which would require consideration of the human rights implications of action at all stages of the extradition process. Such safeguards include an evidentiary test to protect individuals from being extradited on the basis of groundless allegations and/or from requests made in bad faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin or political opinions. The Special Rapporteur also emphasizes the fact that the right to a fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil and Political Rights, must apply to all extradited persons. Similarly, the principle of non-refoulement prohibits the return of a person where she or he would suffer discrimination or where this would result in the extradited individual being subjected to torture or cruel, inhuman or degrading treatment or punishment. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 103 | Aug 19, 2019 | Paragraph | States should ensure that there is an effective and sufficiently resourced labour inspectorate, and that its staff is empowered and trained to investigate and intervene at all stages of the recruitment process and employment for all workers and all enterprises, and to monitor and evaluate the operations of all labour recruiters. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 100 | Aug 19, 2019 | Paragraph | States should adopt, review and, where necessary, strengthen national laws and regulations and consider establishing, regularly reviewing and evaluating national fair recruitment commitments and policies, with the participation of employers’ and workers’ organizations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98f | Aug 19, 2019 | Paragraph | [States should:] Encourage knowledge-sharing activities with multi-stakeholder initiatives through, inter alia, the establishment of platforms for the exchange of experiences, lessons learned and good practices on voluntary standards that can help in strengthening national and local strategies to enforce and monitor labour standards. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98a | Aug 19, 2019 | Paragraph | [States should:] Adopt effective legislation requiring transparency in supply chains, human rights due diligence throughout supply chains, public reporting and disclosure by businesses, as well as measures relating to procurement practices, and guarantee the implementation of such legislation; | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 72 | Aug 19, 2019 | Paragraph | Multi-stakeholder initiatives should cooperate with State authorities by sharing lessons learned and experiences in standards implementation, to analyse gaps in regulations and State policy regarding the elimination of trafficking in persons and promote the adoption of a relevant legal framework and effective law enforcement measures. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Trafficking in persons in conflict and post-conflict situations 2016, para. 71a | Aug 19, 2019 | Paragraph | [The United Nations should:] Continue its effort to implement and reinforce the United Nations zero- tolerance policy on sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in persons; | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2016 | ||
Trafficking in persons in conflict and post-conflict situations 2016, para. 76a | Aug 19, 2019 | Paragraph | [The United Nations should:] Continue its efforts to implement and reinforce the United Nations zero-tolerance policy for sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in persons; | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2016 | ||
Agenda setting of the work of the Special Rapporteur 2015, para. 58 | Aug 19, 2019 | Paragraph | The Special Rapporteur believes that the human rights of victims of trafficking should be placed at the centre of protection measures taken to address trafficking. That includes the protection of victims from further exploitation and harm, and their access to adequate assistance, support and remedies. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
Agenda setting of the work of the Special Rapporteur 2015, para. 29 | Aug 19, 2019 | Paragraph | Trafficking is a grave violation of a number of human rights, especially the right to liberty and the right not to be held in slavery or involuntary servitude, the right to be free from cruel and inhumane treatment, the right to be free from violence and the right to health. The Special Rapporteur's framework for action will be guided by existing international and regional human rights instruments and principles relating to trafficking in persons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
Agenda setting of the work of the Special Rapporteur 2015, para. 27 | Aug 19, 2019 | Paragraph | The notion of social inclusion of victims of trafficking is a well-established element in the context of integration/reintegration of victims in the country of destination or in their home country. The social inclusion of victims of trafficking prevents their further victimization and is also a preventive measure against retrafficking. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
Due diligence and trafficking in persons 2015, para. 53 | Aug 19, 2019 | Paragraph | In addition to the obligations of due diligence of individual States when they participate in inter-State institutions such as the international financial institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
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. 28 | Aug 19, 2019 | Paragraph | A number of regional legal instruments include provisions on discouraging demand. Article 5 of the Charter of Fundamental Rights of the European Union specifically prohibits trafficking in human beings. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims includes specific provisions on discouraging demand. Furthermore, article 18, paragraph 1, of the Directive provides that "Member States shall take appropriate measures, such as education and training, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings", and article 18, paragraph 4, says that "in order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall consider taking measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2." | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 96 | Aug 19, 2019 | Paragraph | States should institute systems to collect information about trafficking in persons for the removal of organs and to share that information with other States and the international community. They should actively support innovative efforts by professional bodies and civil society to improve current understanding of the nature and extent of trafficking in persons for the removal of organs. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 90 | Aug 19, 2019 | Paragraph | States of demand and States of supply should develop networks, systems and mechanisms to exchange information and experiences and, more specifically, to support operational cooperation in the identification of victims and legal cooperation in the investigation and prosecution of cases of trafficking in persons for the removal of organs. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 89 | Aug 19, 2019 | Paragraph | States should review current mechanisms and procedures for investigating and prosecuting cases of trafficking in persons with a view to determining their suitability for cases of trafficking in persons for the removal of organs and the need for any adaptation. This should include a review of mechanisms and procedures for supporting the involvement of victims as witnesses. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 88 | Aug 19, 2019 | Paragraph | All States, including States of demand, have an international legal obligation to investigate and prosecute cases of trafficking in persons for the removal of organs with due diligence. To discharge this obligation, States must ensure that their criminal justice agencies are aware of the issue and that they have the capacity and resources to respond effectively thereto. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 85 | Aug 19, 2019 | Paragraph | States have an obligation to provide victims of trafficking in persons for the removal of organs with access to justice. To that end, States should ensure that victims have an enforceable right to legal assistance and that they are able to participate in the investigation and prosecution of their exploiters. Victims who are witnesses in criminal proceedings should receive special protection and support. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 84 | Aug 19, 2019 | Paragraph | States should ensure that victims of trafficking in persons for the removal of organs are not prosecuted or punished for offences that relate to their having been trafficked, such as violation of laws relating to sale of organs. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 80 | Aug 19, 2019 | Paragraph | States have an obligation to take proactive measures to identify victims and potential victims of trafficking in persons for the removal of organs. Experience has shown that this will always require a proactive approach that includes direct outreach to at-risk communities. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 57 | Aug 19, 2019 | Paragraph | It is one thing to recognize a right to a remedy and quite another to ensure access to that right. The very low rate of victim identification in cases of trafficking in persons for the removal of organs means that the overwhelming number of persons who have suffered this harm will never be able to gain access to their legal entitlement to a remedy. The first and primary responsibility of States must therefore be to work towards ensuring that victims of trafficking in persons for the removal of organs are swiftly and accurately identified. Even for victims who are identified as such, however, obstacles to access to remedies are likely to be formidable. For example, many victims who have travelled to another country for surgery will not be identified until after they have returned, rendering it extremely difficult to secure restitution or compensation from or through the country in which the exploitation occurred. Such difficulties can be compounded by the fact that most victims are disempowered through poverty and illiteracy. Measures such as providing access to information and legal assistance, in addition to cross-border cooperation in relation to legal processes, will be crucial to making effective the right to a remedy for victims of trafficking in persons for the removal of organs. | 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. 99 | Aug 19, 2019 | Paragraph | States are urged to disaggregate data on prosecution for trafficking offences by sex, age, year, nationality of convicted persons, form of exploitation, sanctions/penalties and terms of imprisonment, as well as other indicators that would assist in gathering intelligence on understanding the phenomenon of trafficking in persons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 98 | Aug 19, 2019 | Paragraph | Punishment for trafficking in persons must be effective, appropriate and dissuasive. Again, it must be proportionate to the offence committed, and proceeds from the crime should be confiscated. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 94 | Aug 19, 2019 | Paragraph | In addition, judges and lawyers involved in trafficking cases should be trained to recognize the sensitive nature of trafficking cases, and be provided with tools to ensure effective and respectful trials, especially to protect victims of sex trafficking and to speed up the access of victims to justice. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 91 | Aug 19, 2019 | Paragraph | Victims of trafficking are legally entitled to take an active and meaningful role in efforts to convict their exploiters, and should be supported to that end. This would therefore require the adoption of reflection and recovery periods accompanied by the provision of assistance not conditional on cooperation with the authorities. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 78 | Aug 19, 2019 | Paragraph | By undermining the financial gain of traffickers, asset recovery plays an important role in the criminal justice response to trafficking. The financial information obtained in asset recovery can also serve as corroborative evidence and, by strengthening the prosecution, protect the rights of present and potential victims of trafficking. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 | ||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 65 | Aug 19, 2019 | Paragraph | The strength of criminal justice responses to trafficking are partly reflected by the incorporation of internationally accepted procedural guarantees for the accused. The provision of protection and support for victims must be balanced against respect for the rights of those accused of trafficking crimes. Failure to provide for the rights of the accused could compromise the integrity of proceedings and undermine trust in the justice process. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2012 |