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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
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 61
- Paragraph text
- Success has been achieved in Nigeria through the creation of a national agency for the prohibition of traffic in persons and other related matters. The agency's mandate is two-fold: law enforcement and providing victims with assistance. It recently reported that it had secured convictions against 111 individuals for trafficking violations and rehabilitated more than 4,000 victims since it began its work in 2003. The agency works with other federal agencies, civil society and international organizations to coordinate victim assistance and centralize information on anti-trafficking activities, and has helped to establish State-level anti-trafficking committees.
- 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
- 2012
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 45
- Paragraph text
- Regulation of deceased organ donation. The way in which deceased organ donations are regulated can also affect trafficking in persons for the removal of organs. For example, it is argued that the opting-out system, whereby persons are presumed to have consented to donation unless otherwise indicated, will increase the number of organs available for transplantation, thereby reducing the various incentives that feed trafficking in persons for the removal of organs. It is important to note, however, that these approaches also carry risks with regard to the rights of vulnerable persons. For example, studies have found that such laws penalize the poor and illiterate, who lack the time, resources and knowledge to actively opt out. Presumed consent laws could also encourage the withholding of life-saving measures from unprotected 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
- Health
- Movement
- Personas afectadas
- All
- Año
- 2013
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 59
- Paragraph text
- A rights-based approach to prevention of trafficking in persons for the removal of organs is of critical importance in view of the many complex and controversial issues raised by this particular form of exploitation. In developing strategies to address vulnerability and root causes, it will be important to cultivate stronger understanding of how trafficking in persons for the removal of organs happens and why. For example, information, awareness-raising and educational campaigns would appear to have special applicability in cases where exploitation is often made possible through misinformation. Prevention also requires measures to tackle the current high levels of impunity that exist around trafficking in persons for the removal of organs. States are obliged to develop a strong legal and regulatory framework and to take the steps necessary to establish an effective criminal justice response that targets those involved in the exploitation. The key elements of an effective criminal justice response to trafficking in persons have been identified. It will be important to review these elements for their applicability to the very specific features of the crime of trafficking in persons for the removal of organs. For example, the requirement of a strong investigatory capacity will demand that law enforcement officials be made aware of trafficking in persons for the removal of organs and develop a capacity to identify both victims and perpetrators. While international cooperation is important in many trafficking cases, it is particularly critical in cross-border cases of trafficking in persons for the removal of organs where effective enforcement of national laws will often require information and evidence from other countries. The involvement of medical professionals in trafficking in persons for the removal of organs (as offenders, first-line responders and in a preventive capacity) must also be carefully considered in terms of developing appropriate preventive strategies.
- 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
- 2013
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 52
- Paragraph text
- States have a duty to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise.
- 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
- N.A.
- Año
- 2013
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 67
- Paragraph text
- Even businesses which invest significant amounts in checking their supply chains suffer from the fact that there is no internationally recognized standard for the process of checking whether minimum labour standards and human rights standards are respected in the workplace. It is challenging for other businesses and individual consumers to assess whether the cheap cost of a product was due to good business management or due to abuse in the production process. It is the responsibility of the State (in addition to being the responsibility of employers, business owners and investors) to ensure that keeping production costs and wage bills to a minimum is not achieved by illegal or abusive means.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Personas afectadas
- All
- Año
- 2013
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 82
- Paragraph text
- All victims of trafficking in persons for the removal of organs have a right to immediate protection from further harm and to the necessary medical, psychological and other support. States should review existing procedures, protocols and practices of protection and assistance to victims of trafficking with a view to ensuring that these meet the particular needs of victims of trafficking in persons for the removal of organs, for example in relation to provision of follow-up medical care. States should develop specialized protection, assistance and support services for victims of trafficking in persons for the removal of organs to the extent that such are required to meet their needs.
- 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
- Health
- Movement
- Personas afectadas
- All
- Año
- 2013
Párrafo
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 41
- Paragraph text
- Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. The mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined demand in detail in the context of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, she recommended that States take steps to understand the nature of demand and develop human rights-based measures to discourage it, based on accurate information and experience. She also noted that measures to address demand should not in themselves negatively affect individual rights and freedoms.
- 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
- All
- N.A.
- Año
- 2014
Párrafo
Due diligence and trafficking in persons 2015, para. 34
- Paragraph text
- Under international human rights law, States have an obligation to ensure a right to remedy for victims of human rights violations. As noted earlier, the failure of States to exercise due diligence in relation to trafficking by non-State actors gives rise to an obligation to provide remedies; in this respect, the due diligence principle is a "long-standing exception" to the general rule that State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies. Such remedies should have "transformative potential", meaning they should not be about returning individuals to the pre-trafficking context, but should "subvert instead of reinforce pre-existing patterns" that cause violations.
- 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
- Persons on the move
- Año
- 2015
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 10
- Paragraph text
- Trafficking in persons violates human rights and continues to pose a serious challenge to humanity, including in conflict situations.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 56b
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Right to protection. International law requires States to ensure that victims of trafficking under their jurisdiction or effective control are protected from further exploitation and harm. To that end, States are required to take reasonable measures, within the scope of their powers, to move the victim out of the place of exploitation to a place of safety; attend to the victim's immediate medical needs; assess and address the risk of the victim being subject to intimidation or retaliation; and protect the victim's privacy. However, during conflict, even the most basic and urgent victim protection measures may be difficult or impossible to secure;
- 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
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 21
- Paragraph text
- Feedback generated from consultations held with multi-stakeholder initiatives and private sector representatives indicated that while this type of legislation represents a good starting point for most companies and facilitates the mainstreaming of transparency efforts in smaller companies, more transparency is needed. In addition, private sector stakeholders consulted agreed on the need for stronger normative frameworks at the State level that would establish, based on international standards, clear expectations for businesses regarding their obligations to respect workers’ rights and to protect workers from labour abuses. Stronger normative frameworks would not only help businesses to ensure that their suppliers are bound to the same level of commitment regarding the elimination of trafficking in persons and respect for workers’ rights, but would also help to guarantee an even playing field for those who conduct their operations in accordance with those standards.
- 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
- All
- N.A.
- Año
- 2017
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 14
- Paragraph text
- Restitution is aimed at restoring the situation that existed prior to the violation. Measures of restitution in the context of trafficked persons may include, for example: the release of the trafficked person from detention (whether such detention is imposed by traffickers, the State or any other entity); return of property such as identity and travel documents and other personal belongings; recognition of legal identity and citizenship; safe and voluntary repatriation to the country of origin; and assistance and support necessary to facilitate social integration.
- 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
- Movement
- Violence
- Personas afectadas
- All
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 24
- Paragraph text
- Recovery is a crucial form of reparation for trafficked persons, which includes medical and psychological care, as well as legal and social services. By definition, trafficking often involves physical and sexual violence, physical and emotional coercion, threats and intimidation, which has severe physical and psychological consequences on the victims. The Recommended Principles and Guidelines on Human Rights and Human Trafficking are thus explicit in acknowledging that the right to fair and adequate remedies includes "the means for as full a rehabilitation as possible".
- 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
- 2011
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 25
- Paragraph text
- While trafficked persons are not entitled to wholesale immunity from crimes they commit, the Special Rapporteur observes that the increasingly recognized standard is that they should not be prosecuted for offences relating to their status as trafficking victims. Indeed, criminalization and/or detention of victims of trafficking is incompatible with a rights-based approach to trafficking because it inevitably compounds the harm already experienced by trafficked persons and denies them the rights to which they are entitled.
- 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
- 2012
Párrafo
Trafficking in persons in conflict and post-conflict situations 2016, para. 56
- Paragraph text
- Discussions on how to break the trafficking cycle while focusing on the rights and needs of all trafficked persons or potential victims of trafficking echoes the sentiments contained in the statement by the President of the Security Council of 16 December 2015, which urged relevant United Nations agencies operating in armed conflict and post-conflict situations to build their technical capacity to assess conflict situations for instances of trafficking in persons, proactively screen for potential victims of trafficking and facilitate access to needed services for identified victims.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 75
- Paragraph text
- Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Movement
- Violence
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 17
- Paragraph text
- Once State responsibility to provide trafficked persons with remedies is established, the next question is the content of such remedies. In this regard, the formulation of the right to a remedy under various treaties and soft international law makes clear that it encompasses not only a substantive right to reparations, but also a set of procedural rights necessary to facilitate access to reparations.
- 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
- All
- N.A.
- Año
- 2011
Párrafo
The right to an effective remedy for trafficked persons 2011, para. 36
- Paragraph text
- States should intensify training for the judiciary, prosecutors and lawyers on laws and issues pertaining to the rights of trafficking in persons and relevant legal procedures.
- 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
- 2011
Párrafo
Prevention of trafficking in persons 2010, para. 30b
- 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:] Individuals who knowingly or unknowingly pay for either their services or products;
- 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
- All
- Año
- 2010
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 87
- Paragraph text
- The right to effective remedy focuses on redress and access to justice to ensure that the wrongs suffered by the victim are remedied. The vast majority of regional cooperation mechanisms focus their criminal justice efforts on the prosecution and punishment of traffickers, while the provision of restorative justice and compensation to victims is not addressed, despite its fundamental importance within the international human rights law framework.
- 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
Prevention of trafficking in persons 2010, para. 60
- Paragraph text
- First, in designing measures to prevent trafficking, it is critical to collect accurate data on the incidence of trafficking in persons so that such measures are based on a realistic understanding about why particular groups of people are being trafficked and how traffickers operate. As discussed above, preventive measures developed on the basis of inaccurate information would be ineffective or even have an adverse impact on the human rights of 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
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Prevention of trafficking in persons 2010, para. 77
- Paragraph text
- States should recognize the power of the media in raising public awareness about risks associated with trafficking. In cooperation with civil society organizations, States should ensure that the media are provided with training so that they do not stigmatize trafficked persons and so that they disseminate accurate information about the risks of trafficking in 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
- Equality & Inclusion
- 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. 137
- Paragraph text
- [On the right of victims to redress and compensation, regional mechanisms should ensure that at the national level:] Mechanisms to provide compensation to victims are established and made operational, based for example on the confiscation of perpetrators' assets or on any other suitable mechanism.
- 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
- All
- Año
- 2010
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 98
- Paragraph text
- Punishment for trafficking in persons must be effective, appropriate and dissuasive. Again, it must be proportionate to the offence committed, and proceeds from the crime should be confiscated.
- 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
- 2012
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 80
- Paragraph text
- States have an obligation to take proactive measures to identify victims and potential victims of trafficking in persons for the removal of organs. Experience has shown that this will always require a proactive approach that includes direct outreach to at-risk communities.
- 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
- All
- Año
- 2013
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 85
- Paragraph text
- States have an obligation to provide victims of trafficking in persons for the removal of organs with access to justice. To that end, States should ensure that victims have an enforceable right to legal assistance and that they are able to participate in the investigation and prosecution of their exploiters. Victims who are witnesses in criminal proceedings should receive special protection and support.
- 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
- All
- Año
- 2013
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 12
- Paragraph text
- As noted in the earlier report of the Special Rapporteur (A/HRC/10/16, paras. 51-52): The definition of demand, which is an economic term, can be adapted to the context of trafficking to describe it as the desire 'for labour that is exploitative or services which breach the human rights of the person delivering those services'. It includes demand for sexual exploitation; for cheap labour and domestic workers; for organ removal and sale; for illicit adoption and forced marriages; for criminal activities or begging or for exploitation within the army … 'The demand side of trafficking generally refers to the nature and extent of the exploitation of the trafficked persons after their arrival at the point of destination, as well as the social, cultural, political, economic, legal and developmental factors that shape the demand and facilitate the trafficking process'. As such, it does not have to be 'properly understood as the demand for a trafficking victim's prostitution, labour or services. Rather, demand must be understood expansively, as any act that fosters any form of exploitation that, in turn, leads to 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
- Movement
- Violence
- Personas afectadas
- All
- Año
- 2013
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 84
- Paragraph text
- In the context of trafficking in persons and the exploitation of persons, "demand" refers to the desire and preference for a particular commodity, labour or service, without respect for international human rights law, including fundamental labour rights. This desire is usually expressed in the form of money which supplies income for traffickers and their associates. Discouraging such demand requires measures to address the nature and extent of the exploitation of trafficked victims (primarily in the places where they are exploited), as well as measures to address the social, cultural, political economic, legal and development factors that shape demand and influence or enable the trafficking process. This can be done by influencing the purchasing decisions of individuals and business entities, who contribute, wittingly or unwittingly, to the income of traffickers and their associates. States have a responsibility to act with due diligence to prevent trafficking in persons, including taking measures to discourage demand.
- 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
- All
- Año
- 2013
Párrafo
The issue of trafficking in persons for the removal of organs 2013, para. 90
- Paragraph text
- States of demand and States of supply should develop networks, systems and mechanisms to exchange information and experiences and, more specifically, to support operational cooperation in the identification of victims and legal cooperation in the investigation and prosecution of cases of trafficking in persons for the removal of organs.
- 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
- All
- Año
- 2013
Párrafo