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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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General Conclusion On International Protection 1987, para. (l) | Aug 19, 2019 | Paragraph | Reaffirmed the importance of voluntary repatriation as the most desirable durable solution, particularly in the context of many of today's mass-influx situations, emphasized the need for States to respect the fundamental principles that must always guide action in this area and called upon the High Commissioner and States to continue their efforts in achieving this solution whenever appropriate; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1987 | ||
Article 12: Freedom of movement 1999, para. 3 | Aug 19, 2019 | Paragraph | States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by this article, taking into account the issues discussed in this General Comment. They must also include information on remedies available if these rights are restricted. | Human Rights Committee
| General Comment / Recommendation |
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| 1999 | ||
Temporary special measures 2004, para. 22 | Aug 19, 2019 | Paragraph | The term "measures" encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and promotion; numerical goals connected with time frames; and quota systems. The choice of a particular "measure" will depend on the context in which article 4, paragraph 1, is applied and on the specific goal it aims to achieve. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2004 | ||
Minimum Age Convention 1973, para. 2. (1) | Aug 19, 2019 | Paragraph | Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation. | International Labour Organization | International treaty |
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| 1973 | ||
Protocol of 2014 to the Forced Labour Convention 2014, para. 1. (3) | Aug 19, 2019 | Paragraph | 3. The definition of forced or compulsory labour contained in the Convention is reaffirmed, and therefore the measures referred to in this Protocol shall include specific action against trafficking in persons for the purposes of forced or compulsory labour. | International Labour Organization | International treaty |
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| 2014 | ||
Protocol of 2014 to the Forced Labour Convention 2014, para. 2 (a) | Aug 19, 2019 | Paragraph | [The measures to be taken for the prevention of forced or compulsory labour shall include:] (a) educating and informing people, especially those considered to be particularly vulnerable, in order to prevent their becoming victims of forced or compulsory labour; | International Labour Organization | International treaty |
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| 2014 | ||
Mapping and framing security of tenure 2013, para. 84 | Aug 19, 2019 | Paragraph | Another issue is the lack of coherence and harmonization among the multiplicity of laws and regulations bearing upon urban security of tenure, leading to legal uncertainty, lack of implementation of key provisions, even unwanted impacts such as evictions. Rights of adverse possession provided for by law might also be limited or denied by subsequent regulations, or in implementation. In addition, even when planning laws provide for the regularization of informal settlements, questions of sustainability relating to the increase of land prices and full availability of services remain. | Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Special Procedures' report |
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| 2013 | ||
Study on illegal adoptions 2017, para. 73 | Aug 19, 2019 | Paragraph | Private and independent adoptions are initiated and processed without the oversight of competent authorities, and therefore often involve illicit practices. They are incompatible with the 1993 Hague Convention. Many such adoptions, however, occur in countries of origin that are not parties to the Convention, where procedures and systems may fall below international standards. Some receiving States also permit private and independent adoptions when they are carried out from countries of origin that are not parties to the Convention. This may spur those determined to adopt at any cost to turn to non-States parties to the Convention. | Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material | Special Procedures' report |
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| 2017 | ||
The right to an effective remedy for trafficked persons 2011, para. 29 | Aug 19, 2019 | Paragraph | The draft basic principles are based on existing international human rights law and standards and do not represent new norms of human rights. They are designed to bring clarity to the concept of the right to an effective remedy and to elaborate specific factors to be taken into account when this right is applied to trafficked persons. For example, the draft basic principles explicitly spell out that States have obligations to ensure that adequate procedures are in place to enable quick and accurate identification and that trafficked persons are not subjected to discriminatory treatment in law or in practice, as these are preconditions in exercising the right to an effective remedy in the context of trafficked persons. Further, reflecting the complex nature of the crime of trafficking, the draft basic principles specify that restitution may require States to provide trafficked persons with temporary or permanent residence status where a safe return to the country of origin cannot be guaranteed or is otherwise not in the best interest of the trafficked person. With respect to recovery, the draft basic principles provide that States shall ensure that trafficked persons' access to assistance and other benefits are not dependent on their cooperation in legal proceedings, as this is a common obstacle for trafficked persons in accessing such assistance and other benefits. Lastly, the draft basic principles provide that States have a duty to ensure that trafficked persons are allowed to lawfully remain in the country in which the remedy is being sought for the duration of any proceedings, having regard to the fact that trafficked persons are often treated as irregular migrants subject to detention and deportation. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2011 | ||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 58 | Aug 19, 2019 | Paragraph | Public awareness. Awareness-raising campaigns can be an important method of prevention on two levels: first, by working with at-risk communities to warn them of the dangers of trafficking and second, by sensitizing the public in countries of destination to the plight of trafficked persons and informing them about their in role in prevention. However, the Special Rapporteur has noted that public awareness campaigns are sometimes crude in conception and execution, employing sensationalist scare tactics or designed simply to stop people from moving. There has also been very little critical examination of the effect of such campaigns, including the unintended negative effects that have been anecdotally noted by the Special Rapporteur in the course of her work, pointing to a need for all countries to monitor and regularly evaluate the impact of their prevention efforts. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2014 | ||
Agenda setting of the work of the Special Rapporteur 2015, para. 68 | Aug 19, 2019 | Paragraph | The Special Rapporteur will continue to build on the work of the mandate in that field and capitalize on the momentum created by new legislation and initiatives from businesses and civil society to free the supply chains from trafficking, forced labour and slavery. On the basis of her global mandate, international standing and expertise on issues relating to trafficking in persons, the Special Rapporteur intends to continue engaging with businesses in order to encourage the establishment and effective implementation of self-regulatory action (codes of conduct and other similar mechanisms) by the private sector, with the aim of increasing awareness of the risks that trafficking entails, and encouraging them to take action to eradicate trafficking from their supply chains. That would entail the mandate holder bringing together businesses in a number of selected sectors to exchange experiences and practices among themselves, review their assessment protocols through the lens of trafficking prevention, pilot the use of the benchmarks and indicators and encourage multi-stakeholder initiatives, where they exist, to operationalize the responsibility of businesses to respect human rights. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 | ||
Manifestations and causes of domestic servitude 2010, para. 32 | Aug 19, 2019 | Paragraph | The mechanization of agriculture, rural-urban migration and the development of labour-intensive export industries, coupled with the erosion of workers' rights outside the traditional bonded labour context, have led to the emergence of patterns of "neo-bondage", whereby destitute people commit themselves to working off loans or wage advances obtained from their employer and cannot default on this debt, not least due to a fear of extrajudicial enforcement. In this context, researchers note an increasing feminization of bonded labour and some of the victims end up in bonded domestic servitude. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
|
| 2010 | ||
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 12 | Aug 19, 2019 | Paragraph | Extraterritorial State acts (or omissions) - whether lawful or unlawful - often have a significant impact on the fundamental rights of individuals outside their borders, thereby implicating States' responsibilities under international human rights law. State actions that produce significant extraterritorial effects merit analysis through the prism of international human rights law. Such actions can include cross-border military operations or use of force (A/68/382 and Corr.1); the occupation of foreign territories; anti-migration and anti-piracy operations; peacekeeping, policing or covert operations in foreign territories; the practice of detaining persons abroad; extraditions, rendition to justice and extraordinary rendition; and the exercise of de facto control or influence over non-State actors operating in foreign territories. All these scenarios can involve the commission or risk of torture or other ill-treatment as defined by the Convention, international humanitarian law, international criminal law or customary international law. Of particular concern are States' attempts to undermine the absolute legal prohibition of torture and other ill-treatment by evading or limiting responsibility for extraterritorial acts or effects by their agents that contravene their fundamental legal obligations; to narrowly interpret treaty jurisdictional provisions; and to dilute well-established obligations to ensure and fulfil positive human rights obligations whenever they exercise control or authority over an area, place, individual(s) or transaction. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
|
| 2015 | ||
Global migration governance 2013, para. 71 | Aug 19, 2019 | Paragraph | Some of the regional consultative processes are driven by external actors, with funding coming from States of the global North, often channelled through IOM. IOM participates in most of the major regional consultative processes as a partner or observer and provides secretariat services for many of the major processes. The International Centre for Migration Policy Development also provides secretariat services for some of the processes. United Nations entities, including UNODC, UNHCR and ILO, are observers in some of the processes. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2013 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 96k | Aug 19, 2019 | Paragraph | [Indicators for such a target should include:] Adoption and implementation of regional free movement agreements and/or labour mobility schemes; | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 21 | Aug 19, 2019 | Paragraph | The restricted scope of the present report is a reflection of the mandate of the Special Rapporteur. It also reflects an appreciation of human exploitation for the purposes of organ transplantation, primarily from living sources, as a discrete problem that requires specific solutions. It is important, however, to acknowledge that this issue cannot be fully separated from broader questions around transplantation, including those relating to equitable allocation of organs and approaches to dealing with organ shortages. The exploitation of human beings for purposes of organ transplantation is also linked to other commodification practices, such as transnational commercial surrogacy, which hold special dangers for the rights and dignity of the world's poorest and most vulnerable, and to broader questions of justice and rights that arise in the context of medical tourism. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
|
| 2013 | ||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 41 | Aug 19, 2019 | Paragraph | During the first decade of the mandate, the mandate holders have consistently sought to identify those factors that contribute to increasing the vulnerability to trafficking of an individual or a group. The work of the mandate has revealed consistency across all regions and all manifestations of trafficking with regard to the factors that include human rights violations associated with (a) poverty and inequality, (b) migration and (c) discrimination, including through gender-based violence. Critically, there is almost never a single root cause; as the Special Rapporteur has noted, "it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked" (A/65/288, para. 26). The Special Rapporteur has maintained throughout that States have a legal obligation to work to prevent trafficking by addressing vulnerability. That obligation is part of international treaty law and has been regularly affirmed by the Human Rights Council and the General Assembly, as well as by the human rights treaty bodies. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
|
| 2014 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 37 | Aug 19, 2019 | Paragraph | Corporate codes of conduct and the voluntary standards set by multi-stakeholder initiatives and industry coalitions typically include a reference to trafficking in persons or forced labour. The trafficking in persons, or forced labour, standard is normally based on international human rights instruments and labour standards. However, the reference is often limited to a mere prohibition of the use of forced labour or trafficking in persons and is not further developed into specific indicators to help identify risk practices and define what forced labour or trafficking in persons may look like in practice. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 26 | Aug 19, 2019 | Paragraph | In the course of her work the Special Rapporteur has also actively solicited input from the private sector and from persons and institutions with particular expertise. In relation to specialist subjects, such as trafficking in persons for the removal of organs, the Special Rapporteur has sought external expertise from the medical and transplant communities, in an effort to ensure the accuracy of her reporting and the practical relevance of her recommendations, as well as to improve understanding among relevant stakeholders. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
|
| 2014 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 23 | Aug 19, 2019 | Paragraph | While substantial gaps in knowledge and understanding remain, it is now well established that there are no technical or practical obstacles to trafficking in persons for the removal of organs, that this practice does in fact occur and that it is not rare. The main points of disagreement relate to the extent of the problem, the economics of the trafficking and identification of the many parties that may be implicated. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 22 | Aug 19, 2019 | Paragraph | In 2012, an executive order aimed at strengthening protections against trafficking in persons in federal contracts was signed in the United States. The new amendments to the Federal Acquisition Regulation include further due diligence measures in respect of contractors and address key risk indicators, such as the use of unethical recruitment practices, in particular by prohibiting contractors from charging recruitment fees to workers and from denying employees access to their personal documents. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2017 | ||
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 54 | Aug 19, 2019 | Paragraph | With a few languages dominating the online environment, language barriers can also be a further impediment to access online content. However, the Special Rapporteur notes the increasing number of sophisticated online translation services. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
|
| 2011 | ||
Recruitment practices and the human rights of migrants 2015, para. 32 | Aug 19, 2019 | Paragraph | Countries of origin can add to their nationals' difficulties as missions may show reluctance to support their pursuing judicial remedies, so as not to impact their competitiveness on the international labour recruitment market. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2015 | ||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 24 | Aug 19, 2019 | Paragraph | In the Mekong region, six Governments (Cambodia, China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam) established the COMMIT Process in 2004. The COMMIT Subregional Plan of Action for 2008-2010 contains eight key activities: Training and Capacity Building; National Plans of Action; Multilateral and Bilateral Partnerships; Legal Frameworks, Law Enforcement, and Justice; Victim Identification, Protection, Recovery and Reintegration; Preventive Measures; Cooperation with the Tourism Sector; and Coordination, Monitoring and Evaluation. Activities are being implemented in partnership between relevant government departments and non-government entities, whether United Nations agencies or non-governmental organizations (NGOs). The United Nations Inter-Agency Project on Human Trafficking (UNIAP), which was established in 2000 with a mandate to facilitate a stronger and more coordinated response to trafficking in persons in the Mekong region and beyond, acts as secretariat to COMMIT. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
|
| 2010 | ||
The issue of trafficking in persons for the removal of organs 2013, para. 48 | Aug 19, 2019 | Paragraph | This is confirmed by many of the case studies examined by the Special Rapporteur that meet the following three elements of the crime and human rights violation of trafficking in persons: the act (individuals were recruited, harboured and/or received, often also transported and transferred); the means (the acts were secured through fraud (relating to payment, effects, follow-up care, etc.), sometimes also through force and coercion, often through abuse of a position of vulnerability); and the purpose (the acts were undertaken for purposes of exploitation by removal of an organ). It is certainly possible that some of the cases may fall within the various non-legal and non-binding conceptions of trafficking in organs. There can be no doubt, however, that they are, first and foremost, situations of trafficking in persons. Critically, provided that one or more of the means are established, whether victims have consented to the procedure or have received payment for undergoing the procedure is irrelevant. | 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. 49 | Aug 19, 2019 | Paragraph | As has been noted previously, characterizing practices such as organ commercialization or transplant tourism as trafficking in persons for the removal of organs has a substantial effect on the nature of State obligations and on individual rights that arise as a result of those obligations. For example, States parties to the Trafficking in Persons Protocol are, pursuant to article 5, under a clear international legal obligation to criminalize trafficking in persons for the purpose of removal of organs as well as attempting, participating in, organizing and directing other persons in the commission of trafficking in persons for the purpose of removal of organs. They are also required to establish liability in respect of both natural persons and legal persons, thereby extending the reach of criminal and civil law to the medical and other establishments that are so often involved in 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. 51 | Aug 19, 2019 | Paragraph | The broader legal framework around trafficking in persons includes international human rights law. The importance of a rights-based and victim-centred approach to trafficking in persons has been well established and the parameters of such a response have been fleshed out in detail in the reports of the Special Rapporteur to the Human Rights Council and the General Assembly (see A/65/288 and A/HRC/20/18) and in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). Very little attention has been paid, however, to how such a response would be developed and applied in the context of trafficking in persons for the removal of organs. In general, it appears that the procedures and approaches developed to date do not take full account of the particularities of trafficking in persons for the removal of organs, including the needs of victims. This state of affairs has contributed to marginalization of victims and their rights, including within broader policy discussions around transplantation and transplantation-related exploitation. | 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. 46 | Aug 19, 2019 | Paragraph | Outside of the rules and standards that apply to trafficking in persons, the international legal framework around many of the practices examined herein is extremely weak. For example, as shown above, there is no clear international prohibition against transplant tourism and very few States have succeeded in legislating effectively in the area. Commercialization of transplantation is subject to strong censure by WHO and professional groups and has been banned by many countries, but international law is silent on this issue. This lacuna creates gaps and weaknesses that prevent strong national responses, inhibit cross-border and international cooperation and obscure the very real human rights issues that lie at the heart of transplantation-related exploitation. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
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. 41 | Aug 19, 2019 | Paragraph | As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand. States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2013 | ||
Trafficking in persons in conflict and post-conflict situations 2016, para. 44 | Aug 19, 2019 | Paragraph | The international legal framework around trafficking in conflict and post-conflict situations is a composite one that draws on multiple branches of law, including transnational criminal law, international humanitarian law, international criminal law, refugee law and human rights law. In some cases, common and overlapping rules operate to ensure that certain protections (e.g., against slavery and forced labour) are applicable in all situations, including international and non-international armed conflict. In other cases, particular rules and protections will apply depending on the nature of the situation under consideration. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2016 |