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Prevention of trafficking in persons 2010, para. 30d
- Paragraph text
- [Demand for the services of trafficked persons or for commodities they have been involved in producing may come from a variety of sources, including:] Businesses that buy services or products from other companies (i.e., a "supply chain").
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Prevention of trafficking in persons 2010, para. 56
- Paragraph text
- The recognition of the private sector's role in combating trafficking culminated in the Athens Ethical Principles in 2006 under the leadership of the Suzanne Mubarak Women's International Peace Movement. The Movement has been instrumental in mobilizing the private sector and raising awareness of its responsibility to take part in the fight. Under the Principles, businesses voluntarily pledge, inter alia, to demonstrate a zero-tolerance policy towards trafficking in persons and to contribute to the prevention of trafficking in persons, including awareness-raising campaigns and education. Those commitments were reaffirmed in the Manama Declaration on Human Trafficking at the Crossroads, adopted in 2009 at a conference held in Bahrain.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2010
Párrafo
Prevention of trafficking in persons 2010, para. 71
- Paragraph text
- States should recognize that creating opportunities for regular labour migration that respond realistically to the economic and societal demand for such migration rather than artificially restricting legal migration channels is the key to preventing trafficking in persons. Among other measures, States should actively seek to adopt bilateral and multilateral agreements providing for legal labour migration, particularly for low- and semi-skilled labour. This should be designed, implemented and monitored with the active participation of migrant workers themselves to ensure their effectiveness in promoting safe migration.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 21
- Paragraph text
- OAS is strongly engaged in combating human trafficking on the American continent. At the political level, the OAS General Assembly has adopted resolutions that express the commitment of member States in this regard. At the level of the secretariat, the OAS Anti-Trafficking in Persons Unit provides specialized training and assistance to member countries to implement the Palermo Protocol and the recommendations stemming from the OAS Meetings of National Authorities on Trafficking in Persons. The secretariat primarily focuses on awareness-raising, provision of training, dissemination of international legal frameworks and the sharing of good practices to enable States to combat trafficking more effectively, taking both a human-rights and a gender perspective.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 28
- Paragraph text
- The work of the EU on anti-trafficking has become an important part of its agenda in the last 10 years, notably with the adoption in 2002 of the Framework Decision on combating trafficking in human beings (which is currently being revised) and the 2004 Directive on the residence permit issued to Non-EU member country nationals who are victims of trafficking in human beings and who cooperate with the competent authorities (Council Directive 2004/81/EC). An Expert Group on Trafficking in Human Beings was established in 2003, and the action plan on strengthening the EU external dimension on action against trafficking in human beings was adopted in 2009. Amongst the main tasks of the EU are the development of policies and legislation, the provision of financial and political support for anti-trafficking projects and the provision of guidelines and technical assistance at the national level.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 42
- Paragraph text
- Another key element appears to be the establishment of regional monitoring bodies to meet regularly and review the degree of implementation of normative instruments and related workplans. For example, SAARC established a Regional Task Force in 2006, which meets yearly to monitor and assess the implementation of the Convention. OSCE created the mandate of the Special Representative, who publishes annual reports providing an assessment of the Action Plan's implementation, the activities conducted and the related achievements. The CoE has established a monitoring mechanism based on two pillars: the Group of Experts on Action against Trafficking in Human Beings (GRETA), composed of independent experts, and a Committee of the Parties, a political body. GRETA reviews the implementation of the convention by the parties and publishes recommendations to the Committee of the Parties, which also makes recommendations on measures to be taken by parties to implement GRETA's conclusions.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Prevention of trafficking in persons 2010, para. 58
- Paragraph text
- Nevertheless, there are encouraging signs that public-private partnerships can contribute to the prevention of trafficking, especially through the provision of vocational training and employment opportunities to vulnerable groups. In India, the Ministry of Women and Child Development has been active in promoting the public-private partnership and established the first think tank on public-private partnership to address the issue of trafficking in 2008. This led to the establishment of the Apparel Export Promotion Council to provide training in apparel production to family members of trafficking survivors. The training programme was followed by employment in factories as a means of reducing their vulnerability to trafficking. In the hospitality industry, the International Confederation of Indian Industry and the International Institute of Hotel Management provided skills training in housekeeping and in goods and beverage retail management. Following the completion of the training, the Andhra Pradesh Tourism Development Corporation (a government agency) and Sinar Jernih provided employment opportunities to successful candidates of this joint training programme.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Education
- Violence
- Personas afectadas
- Children
- Families
- Women
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 16
- Paragraph text
- In this context, a number of regional organizations have embarked on regional cooperation activities in this area, with very different modalities. In some cases, organizations created with broad cooperation objectives decided to include the fight against trafficking in their activities. In other cases, new regional cooperation mechanisms have been created solely for the purpose of combating trafficking in persons. However, a number of them still do not address the trafficking phenomenon in a comprehensive manner, failing to take a victim-centred and human rights-based approach to combating human trafficking.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 19
- Paragraph text
- ECOWAS and ECCAS decided to combine their efforts and, in July 2006, adopted a joint biregional plan of action for the period 2006-2008, together with a resolution and a multilateral cooperation agreement. This biregional plan of action reaffirms the ECOWAS Initial Plan of Action and extends efforts to combat trafficking into the Central African region. It emphasizes that member States should ensure the ratification and implementation of relevant international instruments, and sets out seven strategies in the following priority areas: legal framework and policy development; victim assistance and protection; prevention and awareness-raising; collection and analysis of information; training and specialized capacity-building; travel and identity documents; monitoring and evaluation of implementation.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 76
- Paragraph text
- Also, in April 2009, ECOWAS Ministers adopted a Regional Policy for Protection and Assistance to Victims of Trafficking in Persons in West Africa, which aims at establishing a supportive environment in the subregion where victims of trafficking have equitable access to protection and assistance. SAARC recommended the establishment of regional uniform toll-free numbers for information on the issues relating to trafficking in women and for violence against children in member States. Within the framework of the Bali Process a number of workshops have been organized on the provision of support to victims of trafficking.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Women
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 83
- Paragraph text
- COMMIT in the Mekong region, through its secretariat, conducts case monitoring and analysis to identify lessons learned and address barriers to appropriate investigative, prosecutorial and judicial responses to trafficking. On that basis, it develops handbooks that include practical guidance and standard operating procedures, with a focus on the protection of victims as well as on cross-border cooperation. Another focus is the creation and strengthening of specialist Anti-Trafficking Units for investigation and prosecution, and the promotion of cross-border cooperation between these Units. For these purposes, targeted training for law enforcement officials is being conducted at the regional level and assistance provided for national level training in local languages.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 88
- Paragraph text
- The right to access effective legal remedies including compensation for victims of trafficking is dealt with for the first time in a regional legally binding instrument in article 15 of the CoE Convention. This article stipulates that victims should have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. They should also have access to free legal aid. This article also recognizes the right of victims to compensation and requests States parties to adopt legislative and other measures to guarantee compensation for victims. These measures can include the establishment of a fund for victim compensation and measures or programmes aimed at social assistance and integration of victims, which could be funded by confiscated traffickers' assets and proceeds. In 2008, OSCE also published a study on "Compensation for Trafficked and Exploited Persons in the OSCE Region".
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 101
- Paragraph text
- Civil society actors, particularly NGOs that have acquired specific expertise, have a role to play in the development, implementation and evaluation of anti-trafficking policies and programmes. In some cases, they are very well placed to provide services to victims or inputs into governmental policies. In this regard, the OHCHR Guidelines include various recommendations on the way NGOs and other civil society organizations should be involved in the efforts to fight trafficking, as key partners. Regional organizations have a role to play in promoting effective partnerships between Governments and civil society, and between themselves and civil society. Building such effective partnerships remains a challenge.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 19
- Paragraph text
- In many States, it is possible in theory to seek compensation through criminal, civil or labour proceedings. However, as discussed in the Human Rights Council report, various obstacles render such a possibility simply illusory in practice. While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- Families
- Año
- 2011
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 41
- Paragraph text
- One of the added values of regional mechanisms is the adoption of a common workplan at the regional level, setting out common strategies and actions to be taken within a region. This has proved to be a key step to providing a sound platform on which States may shape their national policies. As opposed to formal agreements or declarations establishing regional mechanisms, which are more general, regional action plans include specific measures and strategies to guide States in developing their national strategies. Moreover, a common action plan promotes a unified vision to fight human trafficking within a region: on that basis, national strategies will be developed with similar approaches. Practically all existing regional mechanisms have developed their regional action plans. The Arab initiative for building national capacities to combat human trafficking is due to be launched at the end of March 2010.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 22
- Paragraph text
- Measures to address the root causes of trafficking, such as gender discrimination and inequality, also play a crucial role in ensuring effective restitution of trafficked women and girls. Where trafficked women and girls have been subjected to sexual and gender-based violence, they may face discrimination, social stigma, communal and family ostracism upon return to their families and communities, thereby resulting in their re-victimization. In these cases, "restitution of identity, family life and citizenship for them may require measures that target their wider communities - including attempts to subvert cultural understandings around the value of women's purity and sexuality".
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Personas afectadas
- Families
- Girls
- Women
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 30
- Paragraph text
- The ensuing subsections discuss different methods through which trafficked persons may seek compensation and associated challenges, while also highlighting some positive developments.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 78
- Paragraph text
- The Ouagadougou Action Plan contains specific measures on rehabilitation aimed at establishing a minimum standard for the rehabilitation of victims in the region. It calls upon States to establish rehabilitation centres to assist victims of human trafficking, to ensure their safety and facilitate their recovery and social reintegration, and to exchange documentation on lessons learned regarding recovery, repatriation and reintegration. Importantly, it also calls upon States to develop programmes for the rehabilitation and social reintegration of children trafficked in order to become child soldiers.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 2010
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 55
- Paragraph text
- The best interests of the child need to be carefully considered before deciding the course of action for trafficked children, particularly where it involves criminal proceedings. In many cases, the child's participation in criminal proceedings may not be in his or her best interest where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Thus, in determining whether a trafficked child should be involved in criminal proceedings, the benefits of such involvement should be carefully weighed against any negative consequences in order to ensure that it is indeed in the best interests of the particular child.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- In this chapter, the Special Rapporteur sets out the legal framework of the right to an effective remedy for trafficked persons under international law and discusses when and how the obligation of States to provide remedies arises. She then analyses essential components of this right in the context of trafficked persons and discusses fundamental principles to be taken into account in the case of trafficked children. In chapter IV of the report, the Special Rapporteur offers conclusions and recommendations for States' consideration. Annex I of the report contains the draft basic principles on the right to an effective remedy for trafficked persons.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 61
- Paragraph text
- The importance of implementing this right in a holistic manner has received peripheral attention by States, which instead tend to focus on criminal justice responses. Trafficked persons are often seen as "instruments" of criminal investigation, rather than as holders of rights. In many States, trafficked persons do not receive remedies in a holistic manner as a matter of right, but are only provided with ad hoc measures which are effectively by-products of criminal investigation, such as temporary residence permits contingent upon cooperation with law enforcement authorities and assistance in recovery which is in turn tied to temporary residence permits. Trafficked persons are rarely known to have received compensation, as they are often not provided with the information, legal and other assistance and residence status necessary to access it. At worst, many trafficked persons are wrongly identified as irregular migrants, detained and deported before they have an opportunity to even consider seeking remedies.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 59
- Paragraph text
- The need to ensure active participation of children also implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary. In a number of States, children are entitled by law to access to legal assistance. It is not clear, however, to what extent this right has been implemented in practice, as many States do not keep track of the number of trafficked children receiving legal assistance. It has also been reported by practitioners that trafficked children have limited access to lawyers who are specifically trained in children's rights and the issues of child trafficking, which is compounded by the lack of legal and interpretative assistance provided to trafficked persons in general.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 2011
Párrafo
The issue of human trafficking in supply chains 2012, para. 8
- Paragraph text
- Human trafficking has been identified as a problem in various economic sectors, including those integrated into global markets. Companies face the threat of human trafficking at diverse levels, irrespective of their size, sector, operational context, ownership and structure (although these factors may influence the level of the threat). It has been reported that the economic sectors most exposed to human trafficking include agriculture and horticulture, construction, garments and textile, hospitality and catering, mining, logging and forestry, food processing and packaging, transportation, domestic service and other care and cleaning work.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Violence
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- The Special Rapporteur also noted in the Human Rights Council report that returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Persons on the move
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 39
- Paragraph text
- In the light of the limitations associated with legal proceedings, it is noteworthy that a number of cases in which trafficked persons have successfully obtained compensation resulted from out-of-court settlements negotiated by various governmental and non-governmental bodies. In some States, trade unions have played a crucial role in settling claims for unpaid or underpaid wages, or work-related injuries following negotiations with employers. These non-judicial methods may play an instrumental role in seeking compensation particularly for certain groups of trafficked persons, such as trafficked women and girls, who may face a variety of procedural challenges in judicial proceedings, such as psychological harms, stigma and fears of reprisals.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Equality & Inclusion
- Violence
- Personas afectadas
- Girls
- Women
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity. In order to facilitate this process, States should ensure that trafficked children are equipped with information on all matters affecting their interests, including their situation, legal options, entitlements and services available to them, and processes of family reunification or repatriation. Further, States should ensure that trafficked children have access to legal, interpretative and other necessary assistance, provided by professionals trained in child rights and how to communicate with trafficked children.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Measures of restitution warrant a cautious approach in the context of trafficking in persons, as simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked. From this perspective, restitution implies States' obligations to undertake broader measures to address root causes of trafficking and to provide necessary reintegration support to trafficked persons, so as to address any risk of re-trafficking. The repatriation in 2005 of about 1,000 Pakistani children who were trafficked to the United Arab Emirates as camel jockeys, provides an illustration. In this case, the factors which caused the children to be trafficked in the first place, such as poverty, the lack of economic opportunities and the absence of a comprehensive child protection system, still persisted at the time of repatriation. Therefore, repatriation and reintegration of the children inevitably entailed tackling the root causes of trafficking and strengthening the child protection system, including providing basic education and health services in a sustainable manner.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 2011
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 34
- Paragraph text
- While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members. Further, trafficked women who are also victims of sexual and gender-based violence may also face additional obstacles in pursuing legal proceedings, as participation in such proceedings may expose them to re-victimization in the form of psychological harm, stigma and communal and family ostracism.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Violence
- Personas afectadas
- Families
- Women
- Año
- 2011
Párrafo