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The right to an effective remedy for trafficked persons 2011, para. 60
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 25
- Paragraph text
- Regarding recruitment regulation, the ILO launched in September 2016 the non-binding ILO general principles and operational guidelines for fair recruitment, in which it is reiterated that recruitment should take place in a way that respects, protects and fulfils internationally recognized human rights, including those expressed in international labour standards, such as prevention and elimination of forced labour. The guidelines enshrine principles related to the prohibition of recruitment fees, transparency in the terms and conditions of employment, the prohibition against confiscating workers’ identity documents, and contracts, among others. Another initiative, the International Recruitment Integrity System (IRIS) was launched by IOM in 2014. IRIS is a multi-stakeholder initiative for labour recruiters that offers a certification system to recognize ethical recruiters on the basis of an evaluation of their compliance with the IRIS Code of Conduct. Based on the ILO labour standards, the Guiding Principles on Business and Human Rights and good practices in the industry, the Code of Conduct also includes principles on the prohibition of charging recruitment fees to jobseekers, respect for freedom of movement, respect for transparency of terms and conditions of employment, respect for confidentiality and data protection and respect for access to remedy.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 79
- Paragraph text
- The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedure, the Special Rapporteur will communicate cases to States, requesting clarification and action.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 47
- Paragraph text
- From the inception of the mandate, both the Special Rapporteurs have clearly affirmed the right of victims of trafficking to access remedies for the harms committed against them. In country reports, both mandate holders have consistently examined the extent to which this right is protected by law and realized in practice. This has revealed that trafficked persons are frequently left without remedies or the support necessary to access them, a situation that exacerbates the risk of further human rights violations including through retrafficking. It was on the basis of insights gained through her country visits and information received through other activities, including her assessment of regional response mechanisms, that the Special Rapporteur decided to make effective remedies for victims the subject of more systematic and detailed attention. To that end she organized an expert consultation in 2010 that was followed by an online discussion forum and an interactive dialogue held during the seventeenth session of the Human Rights Council in the context of her thematic reports on the subject (A/HRC/17/35 and A/66/28). Regional consultations were held during 2013 and early 2014 to disseminate, discuss and refine a set of draft basic principles on the right to an effective remedy for trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 23
- Paragraph text
- With regard to national rapporteurs and equivalent mechanisms, the Special Rapporteur wishes to mention specifically the outcomes of the two consultative meetings she convened in 2013 and 2014 in order to foster partnerships and enhance collaboration, in fulfilment of General Assembly resolutions 59/166, 61/144, 63/156, 64/293, 68/186 and 68/192 and in follow-up to reports to the Human Rights Council by the Special Rapporteur and to the Economic and Social Council by the High Commissioner for Human Rights (see, for example, E/2002/68/Add.1, A/HRC/10/16 and Corr. 1 and A/HRC/26/37/Add.1) and directives of the European Union, including directive 12011/36EU. According to statements made by participants at the twenty-sixth session of the Human Rights Council and the responses to a questionnaire sent out by the Special Rapporteur, those outcomes were highly appreciated. The establishment of an informal network of such mechanisms from all over the world in order to address trafficking in persons consistently, exchange information and best practices and build on different national experiences was one of the main outcomes of those meetings. Other recommendations included the need for a global baseline study in order to better understand the roles of national rapporteurs and equivalent mechanisms and provide guidance for their work.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 78
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 22
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102
- Paragraph text
- Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93
- Paragraph text
- The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 69
- Paragraph text
- The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well as in the United States and Nigeria. The Netherlands built on the experience by providing the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with training and technical assistance for detectives, prosecutors and border police. Another example of cross-border collaboration can be seen in Rwanda, whose national police Aanti-trafficking unit has collaborated with police in Burundi to rescue victims. In addition, Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train law enforcement officials, including by sending them abroad.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 32
- Paragraph text
- The Special Rapporteur is aware of the fact that each victim of trafficking has a unique story and experience, which makes it difficult to create categorical rules about identification of victims. Yet while there is no one clear formula for best identifying victims, a number of examples and already existing practices may provide guidance on the issue.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 75
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 50
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 53
- Paragraph text
- Regional organizations have also successfully provided assistance to countries in drafting national anti-trafficking legislation. For example, COMMIT in the Mekong region has been particularly active in promoting the establishment of national legal frameworks to criminalize trafficking, provide for appropriate penalties, protect victims and support witnesses.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 11
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 39
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 33
- Paragraph text
- The basic principles on the right to an effective remedy for trafficked persons are firmly based on established rules of international law. While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis (see A/66/283, para. 12). Rather, the obligation to provide remedies, or at least access to remedies, to victims of trafficking is set out in a number of relevant instruments and has been widely recognized by United Nations bodies and regional courts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 24
- Paragraph text
- Action on communications and urgent appeals is another method whereby the Special Rapporteur responds effectively to reliable allegations of human rights violations, with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedures, the Special Rapporteur communicates the case to the Government concerned, requesting clarification and action, either through an allegation letter or through an urgent appeal where the alleged violation is time-sensitive and/or of a very grave nature.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 84
- Paragraph text
- Other laws allow for the confiscation of assets from convicted trafficking offenders but do not directly support victims. For example, in Armenia, although article 266 of the Criminal Code provides for the confiscation of assets from convicted trafficking offenders, it does not specify where those funds would go. Thus, in 2010, although the Government provided partial funding of $17,000 for a shelter for 21 trafficking victims, it was not clear whether the funding was derived from the proceeds of asset confiscation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 64
- Paragraph text
- Insufficient data and accompanying analysis on patterns of criminal activity continue to hinder efforts to investigate and prosecute trafficking cases. To address this problem, Peru has developed a database system for its national police force to record and manage trafficking cases, which can be used to generate statistical reports and qualitative intelligence information to enhance investigative capacity. In Colombia, an operational anti-trafficking in persons centre coordinates and tracks investigations, prosecutions and victim assistance programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 26
- Paragraph text
- 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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 79
- Paragraph text
- The CoE Convention establishes measures concerning repatriation of victims, providing in essence that repatriation should be carried out with due regard to their rights, safety and dignity. Most importantly, this requirement concerns both the party returning the person and the party to which the person is returned. Furthermore, parties should favour the reintegration of victims into society, including reintegration into the education system and the labour market, in particular through the acquisition and improvement of professional skills.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 67
- Paragraph text
- The OAS secretariat gave training in 2009 to Uruguayan and Argentine security forces to be deployed on United Nations peacekeeping missions. As a direct result, Uruguay's training centre has trained more than 7,000 peacekeepers in the prevention of trafficking and the identification and protection of victims. Also, as a result of the OAS secretariat's training conducted in Ecuador in 2009 for officers from various ministries, the ministries have agreed on a protocol for victim assistance, identifying the responsibilities of each institution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 65b
- Paragraph text
- [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;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 81
- Paragraph text
- In the course of her work the Special Rapporteur intends to strengthen the mandate's engagement with relevant treaty bodies in order to create synergy to ensure States' accountability with regard to the issue of trafficking in persons. She will benefit from their expertise and their concluding observations, general comments/recommendations and case law on issues relating to trafficking, to which she also expects to contribute when relevant. She also believes that the universal periodic review contributes to strengthening efforts aimed at combating trafficking in persons as part of a holistic review of a country's human rights situation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 64
- Paragraph text
- Moreover, international law mandates States to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking and to provide access to remedy. As trafficking in persons is most often perpetrated by non-State actors, compliance with the due diligence principle is critical to ensure State accountability for the protection of the rights of victims and potential victims. However, the standard of due diligence as it relates to trafficking in persons has not been comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere. Therefore, the Special Rapporteur is of the view that additional guidance would be necessary to better equip States for the actions required to comply with their due diligence obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 62
- Paragraph text
- Building on the existing work of the mandate, in particular the basic principles on the right to an effective remedy for trafficked persons (A/HRC/26/18, annex) and A/69/33797), the Special Rapporteur intends to analyse laws, policies and practices around the world and take stock of promising practices and lessons learned on the provision of unconditional assistance to victims and potential victims of trafficking. She expects to provide guidance to policy makers and practitioners on better implementing the right to assistance and support, and maximize outreach and impact, thereby contributing to more effective prevention and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 31
- Paragraph text
- In addition to the obligation to conduct a domestic investigation into events occurring on their own territories, due diligence also means that States have a "duty in cross-border trafficking cases to cooperate effectively with the relevant authorities of other States concerned in the investigation of events which occurred outside their territories." In order to comply with the exterritorial implementation of due diligence obligations, States should also, for example, incorporate extraterritorial jurisdiction into national legislation criminalizing trafficking and strengthen protections against trafficking in contracting or procurement practices for activities abroad. For example, Belize's Trafficking in Persons (Prohibition) Act 2013 gives extraterritorial jurisdiction if trafficking is committed by a Belizean national or a person who is resident in Belize. The present mandate holder has also previously emphasized the need to "extend the national legislative prohibition on trafficking in persons for the removal of organs and related offences extraterritorially, irrespective of the legal status of the relevant acts in the country in which they occur."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 27
- Paragraph text
- Victim identification under the rubric of prevention - as well as in the context of investigation, prosecution, protection and assistance - also requires greater training and understanding of the "continuum of exploitation" that exists between decent work and forced labour, such that workers experience different forms of exploitation that require different types of interventions when workers find themselves in any situation other than decent work. In addition, training should address the relationship between different forms of transborder movement. For example, trafficking and smuggling are often treated distinctly when in practice they are often very linked, such that what was once an act of smuggling can be turned into an act of trafficking if the circumstances become more exploitative and involuntary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 68
- Paragraph text
- As UNODC has noted, these questions are important because to characterize certain conduct as "trafficking" has significant and wide-ranging consequences for States, for the alleged perpetrators of that conduct and for the alleged victims. It is also highly significant for organizations and agencies that are engaged in fighting "trafficking". UNODC identifies "a tension between those who support a conservative or even restrictive interpretation of the concept of trafficking and those who advocate for its expansion. The complex and fluid definition in the Protocol provides justification for both perspectives and has contributed to ensuring that such tensions remain unresolved".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph