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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
- Tipo de párrafo
- Conclusion / Recommendation
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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Governance & Rule of Law
- Violence
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Prevention of trafficking in persons 2010, para. 78
- Paragraph text
- New technologies, in particular social networking, should be creatively and vigorously used and sustained to prevent and combat all forms of trafficking in persons, although it is recognized that its usage is limited in certain countries owing to the digital divide and access-related problems based on geographical location, age and gender differences.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Violence
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- 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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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;
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Violence
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- 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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Movement
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97
- Paragraph text
- The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Prevention of trafficking in persons 2010, para. 79
- Paragraph text
- States should reinforce efforts to collect accurate data and statistics on trafficking in persons that will inform evidence-based comprehensive prevention strategies. Such collection and analysis of data on trafficking should extend beyond collecting general statistics and encompass careful research and analysis of the characteristics of individuals who are at higher risk of being trafficked, as well as profiles of traffickers and their modus operandi.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- 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
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- 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
- Tipo de párrafo
- Conclusion / Recommendation
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
- Tipo de párrafo
- Other
Párrafo
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
Párrafo