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The issue of trafficking in persons for the removal of organs 2013, para. 81
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2013
Párrafo
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".
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2014
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Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 52
- Paragraph text
- The Special Rapporteur generally welcomes the unilateral compliance mechanism established by the Office to Monitor and Combat Trafficking in Persons of the Department of State of the United States of America, which undertakes an annual assessment of the trafficking situation in States worldwide and the quality of national responses. However, she cautions that the criteria used to assess national performance should be explicitly based on international standards. That is not just essential to the credibility of the mechanism, it is also an important way to strengthen the international legal framework and affirm its key standards.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2014
Párrafo
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 27
- Paragraph text
- Communication with victims of trafficking. The mandate of the Special Rapporteur is focused on the rights and needs of victims of trafficking and it is appropriate that victims are consulted and involved in the work of the mandate. The Special Rapporteur has paid particular attention to developing this aspect of her working methods. She has participated in panel discussions involving survivors of trafficking in New York and Geneva and has included the voices of victims in her studies and reports. She is convinced that the involvement of victims is critical to ensuring that the measures taken to address trafficking benefit those in need; that unintended harmful consequences are anticipated and avoided; and that opportunities for change and improvement are identified in a timely way.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2014
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2014
Párrafo
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 15
- Paragraph text
- The Special Rapporteur also takes this opportunity to acknowledge the great contribution bravely and generously made by victims of trafficking to the work of the mandate and expresses her hope that their voices continue to guide and shape the mandate into the future.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Año
- 2014
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2011
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 69
- Paragraph text
- While the collection of credible statistical information on trafficked persons is essential to the understanding of all facets of the problem and to informing appropriate action, trafficking remains underreported and underdocumented.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2010
Párrafo
Prevention of trafficking in persons 2010, para. 28
- Paragraph text
- Prevention programmes should also strategically target individuals who are at particular risk of being trafficked. This essentially requires a careful assessment of the salient characteristics of individuals who are being trafficked from a particular community to understand why they are vulnerable to trafficking. The experience of the United Nations inter-agency project on human trafficking in South-East Asia confirms that research into the circumstances in which people are trafficked is crucial, for it is the most important method by which evidence on the experience of trafficked persons is collected and by which preventive strategies can be made evidence-based, rather than being based on guesses or prejudice. The needs assessment of one village in the Lao People's Democratic Republic carried out by the project reinforces this point. The village was initially targeted for a microfinance project aimed at preventing trafficking, having regard to certain risk factors. This included the fact that the village was one of the poorest provinces, inhabited by the Hmong ethnic minority population, which has limited access to education and a low literacy rate. The needs assessment revealed, however, that there was a low risk of trafficking, as the village was far from the main road and traffickers were not known to be active in the area. Furthermore, the population did not have much aspiration or desire to seek another lifestyle. Thus, while donors were keen to invest resources in this project for the purpose of preventing trafficking, this would have achieved very little in terms of prevention, as the project was not strategically targeted at vulnerable populations.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 81
- Paragraph text
- ASEAN supports cross-border investigations and has developed practical tools in this regard, as mentioned above. In addition, it has undertaken activities directed at promoting cooperation between the criminal justice process and victim support agencies, through working groups, workshops and conferences. This is extremely relevant, since protection and assistance to victims and witnesses is essential, not only to protect the human rights of victims, but also to achieve results in the investigation. Only victims and witnesses who feel protected and assisted will be in a position to provide useful information and testimony.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2010
Párrafo
The issue of human trafficking in supply chains 2012, para. 21
- Paragraph text
- Other States have established national certification or labelling systems integrating measures to combat trafficking and forced labour. In Argentina, for example, the National Institute of Industrial Technology recently established a comprehensive national certification system for companies in the textile industry, whereby it offers a certificate of quality to firms that refrain from using forced labour and provide their employees with decent working conditions and social security coverage. The certified companies are eligible to bid on State textile contracts, such as for military uniforms. In a similar vein, in the Plurinational State of Bolivia, the Bolivian Institute of Foreign Trade, in coordination with the Ministry of Labour, Employment and Social Security, awards a triple seal, or certification, to companies that have demonstrated the prohibition of child labour, forced labour and discrimination throughout the production chain.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2012
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 18
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Año
- 2013
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2012
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 40
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Movement
- Año
- 2013
Párrafo
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 16
- Paragraph text
- Regional and subregional bodies addressing the issue of trafficking in persons also considered the mandate holder as a strategic partner and complemented the initiatives taken, with a view to promoting and harmonizing anti-trafficking approaches. For example, the co-chairs of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crimes, have played an important role in supporting the right to an effective remedy for trafficked persons within the framework of the process. That has included the development of a policy guide on trafficking in persons, aimed at assisting countries to implement international obligations.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2014
Párrafo
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."
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2015
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 35
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Violence
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2010
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 39
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Año
- 2016
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 9
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2010
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 24
- Paragraph text
- 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".
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Movement
- Violence
- Año
- 2013
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 48
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2011
Párrafo
The issue of human trafficking in supply chains 2012, para. 36
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2012
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 64
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2013
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Año
- 2015
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 34
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Violence
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2012
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2012
Párrafo