Due diligence and trafficking in persons 2015, para. 29
Paragraphe- Paragraph text
- The exercise of due diligence requires that remedies for victims be available and effective. As well as being an obligation under article 5 of the United Nations Trafficking Protocol, the criminalization of trafficking is a core component of a State's due diligence obligations, including to protect victims, prevent future trafficking, and provide the necessary structures to investigate, prosecute and adjudicate trafficking cases. Accordingly, States also have due diligence obligations relating to the investigation and prosecution of suspected traffickers. However, in practice, while more than 90 per cent of States have legislation criminalizing trafficking in persons, "this legislation does not always comply with the [United Nations Trafficking] Protocol, or does not cover all forms of trafficking and their victims, leaving far too many children, women and men vulnerable. Even where legislation is enacted, implementation often falls short." Such problems in implementation constitute a failure of States' obligations to criminalize, investigate and punish trafficking in persons and deny victims access to justice. Particular gaps in criminalization also persist in the areas of trafficking for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2015
- Type de paragraphe
- Other
- Paragraph number
- 29
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