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Renforcer la responsabilité en matière de traite des personnes dans les situations de conflit
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2023
- Code du document
- A/78/172
- Date ajouter
- 19 janv. 2024
Document
Lutte contre la traite des êtres humains au regard des inégalités entre les femmes et les hommes dans le contexte des changements climatiques, des déplacements de population et de la réduction des risques de catastrophe
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2022
- Code du document
- A/77/170
- Date ajouter
- 19 janv. 2024
Document
Renforcement des partenariats avec les rapporteurs nationaux sur la traite des personnes et mécanismes équivalents
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2021
- Code du document
- A/76/263
- Date ajouter
- 19 janv. 2024
Document
20 ans après : mettre en œuvre et aller au-delà du Protocole de Palerme vers une approche centrée sur les droits humains
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2020
- Code du document
- A/75/169
- Date ajouter
- 19 janv. 2024
Document
Accès des victimes de la traite des êtres humains à des voies de recours pour les violations commises par les entreprises et leurs fournisseurss
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2019
- Code du document
- A/74/189
- Date ajouter
- 19 janv. 2024
Document
Problématique femmes-hommes dans la traite des êtres humains en situation de conflit et d’après conflit et l’importance de l’intégration d’une approche fondée sur les droits de l’homme pour lutter contre la traite des êtres humains dans le cadre du programme pour les femmes et la paix et la sécurité du Conseil de sécurité
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2018
- Code du document
- A/73/171
- Date ajouter
- 19 janv. 2024
Document
Vulnérabilité des enfants face à la vente, la traite et autres formes d’exploitation dans les situations de conflit et de crise humanitaire
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2017
- Code du document
- A/72/164
- Date ajouter
- 19 janv. 2024
Document
Protection des réfugiés, déplacement interne et apatridie
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2023
- Code du document
- A/HRC/53/28
- Date ajouter
- 19 janv. 2024
Document
Traite des personnes dans le secteur agricole : la diligence raisonnable en matière de droits de l’homme et de développement durable
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2022
- Code du document
- A/HRC/50/33
- Date ajouter
- 19 janv. 2024
Document
Application du principe de non-sanction
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2021
- Code du document
- A/HRC/47/34
- Date ajouter
- 19 janv. 2024
Document
Réorienter l’action pour passer du modèle traditionnel, axé sur l’identification des victimes, à un modèle consistant à apporter à celles-ci un soutien en amont, y compris dans le contexte des flux migratoires mixtes
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2020
- Code du document
- A/HRC/44/45
- Date ajouter
- 19 janv. 2024
Document
Modèles d’inclusion sociale des survivants de la traite des êtres humains innovants et porteurs de changement
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2019
- Code du document
- A/HRC/41/46
- Date ajouter
- 19 janv. 2024
Document
Repérage précoce, orientation et protection des victimes et des victimes potentielles de la traite dans les mouvements migratoires mixtes
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2018
- Code du document
- A/HRC/38/45
- Date ajouter
- 19 janv. 2024
Document
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
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2013
- Code du document
- A/HRC/23/48
- Date ajouter
- 19 août 2019
Document
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2010
- Code du document
- A/HRC/14/32
- Date ajouter
- 19 août 2019
Document
Trafficking in persons in conflict and post-conflict situations
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2016
- Code du document
- A/HRC/32/41
- Date ajouter
- 19 août 2019
Document
Trafficking in persons in conflict and post-conflict situations
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2016
- Code du document
- A/71/303
- Date ajouter
- 19 août 2019
Document
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2012
- Code du document
- A/HRC/20/18
- Date ajouter
- 19 août 2019
Document
The issue of human trafficking in supply chains
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2012
- Code du document
- A/67/261
- Date ajouter
- 19 août 2019
Document
Prevention of trafficking in persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2010
- Code du document
- A/65/288
- Date ajouter
- 19 août 2019
Document
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2017
- Code du document
- A/HRC/35/37
- Date ajouter
- 19 août 2019
Document
Agenda setting of the work of the Special Rapporteur
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2015
- Code du document
- A/HRC/29/38
- Date ajouter
- 19 août 2019
Document
The right to an effective remedy for trafficked persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2011
- Code du document
- A/HRC/17/35
- Date ajouter
- 19 août 2019
Document
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2014
- Code du document
- A/HRC/26/37
- Date ajouter
- 19 août 2019
Document
The issue of trafficking in persons for the removal of organs
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2013
- Code du document
- A/68/256
- Date ajouter
- 19 août 2019
Document
The right to an effective remedy for trafficked persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2011
- Code du document
- A/66/283
- Date ajouter
- 19 août 2019
Document
Due diligence and trafficking in persons
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2015
- Code du document
- A/70/260
- Date ajouter
- 19 août 2019
Document
Stocktaking exercise on the work of the mandate on its tenth Anniversary
- Organe
- Rapporteur spécial sur la traite des êtres humains, en particulier des femmes et des enfants
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2014
- Code du document
- A/69/269
- Date ajouter
- 19 août 2019
Document
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 38
- Paragraph text
- As mentioned above, unethical recruitment practices and how they represent a risk of forced labour and trafficking in persons are not widely acknowledged within the private sector or among the stakeholders that participate in the standard-setting process. While some initiatives, such as the Ethical Trading Initiative or Social Accountability International, were created to uphold a strong labour rights component, others, such as the Marine Stewardship Council, were established primarily with an environmental focus. As a result, the level of sophistication in developing indicators that can effectively account for companies’ risk practices in this area varies from one initiative to another. The differences among initiatives regarding their original motivation may not only have an impact in the standard-setting and revision process but may also affect a multi-stakeholder initiative’s success in establishing an assurance programme that effectively monitors businesses compliance with a trafficking standard.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 36
- Paragraph text
- Some examples of industry coalitions are the Electronic Industry Citizenship Coalition and the Business Social Compliance Initiative of the Foreign Trade Association. The Coalition brings together companies such as Apple, HP and Intel and has developed a code of conduct and audit scope that includes extensive references to issues such as unethical recruitment practices. The Business Social Compliance Initiative is a cross-sectoral initiative that has also developed a code of conduct and an implementation plan, including auditing, a capacity-building programme for businesses, including for suppliers, and alternative stakeholder engagement activities. As mentioned above, standards and an assurance programme alone are not sufficient to embed the standards into a company’s business model. Thus, many multi-stakeholder initiatives and industry coalitions develop, in parallel, capacity-building programmes and other awareness-raising activities for their stakeholders to help promote the standards and their implementation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 12
- Paragraph text
- The report, which includes a number of examples of human trafficking and conflict taken from actual conflict and post-conflict situations, has also benefited from the input of Members States during the open debate of the Security Council on "Conflict-related sexual violence: responding to human trafficking in situations of conflict-related sexual violence", held on 2 June 2016, during the presidency of France, at which the Special Rapporteur made an intervention (S/PV.7704). The statements delivered by Member States reflect the urgent need felt by the members of the Council to address the issue of human trafficking for the purpose of sexual exploitation related to conflict. The expert has also been encouraged by the appointment, on 16 September 2016, of Nadia Murad Basee Taha as Goodwill Ambassador for the dignity of survivors of human trafficking, the first time that a survivor of atrocities has been appointed to such a position. Ms. Taha briefed the Council on the atrocities, including trafficking in persons faced by the Yazidi, particularly women and children, at its meeting on 16 December 2015, at which the Council addressed the issue of human trafficking in conflict for the first time.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 63
- Paragraph text
- Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, and call on States to ensure that access to those measures shall not depend on the victim's capacity or willingness to cooperate in legal proceedings. When looking into remaining gaps in the conceptualization of the right to an effective remedy and the operationalization of the basic principles at the national level, the Special Rapporteur expects to further delve into issues such as the possible types of trafficking exploitation covered by the principles, what the barriers to access to remedy are, whether the nature of the State responsibility affects the content of the reparation, the available forms of reparation, the accessibility of compensation funds to victims and the conditions for the protection of victims' rights in out of court settlements .
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 24
- Paragraph text
- Communication and engagement with stakeholders. Trafficking in persons is a critical issue for every country, affecting many different groups and cutting across multiple areas of legal and illegal activity. The range of current and potential stakeholders is accordingly very wide. The first mandate holder recognized this aspect of her work from the outset (E/CN.4/2005/71, paras. 41-47) and made consistent efforts to extend her engagement beyond Governments and international agencies to include the full range of civil society organizations working on the issue, as well as those engaged in related areas, such as the rights of migrants and violence against women. Her participatory and collaborative approach was continued and extended by the current mandate holder, who declared an intention to "reach out, listen, learn and share good practice around the world" (A/HRC/10/16, para 62). She has put this commitment into practice through regular, broad-based regional consultations aimed at securing expert input into her work while improving the understanding of the mandate amongst interlocutors.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 39
- Paragraph text
- United Nations agencies have also summarized the measures they perceived to be needed to discourage demand, noting that: Examples of measures to address the demand side are measures to broaden awareness; attention and gender-sensitive research into all forms of exploitation and forced labour and the factors that underpin its demand; to raise public awareness on products and services that are produced by exploitative and forced labour; to regulate, license and monitor private recruitment agencies; to sensitize employers not to engage victims of trafficking or forced labour in their supply chain, whether through subcontracting or directly in their production; to enforce labour standards through labour inspections and other relevant means; to support the organisation of workers; to increase the protection of the rights of migrant workers; and/or to criminalize the use of services of victims of trafficking or forced labour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Gender
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 67
- Paragraph text
- Below, the Special Rapporteur offers recommendations to States, medical and transplantation professionals and the international community.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 32
- Paragraph text
- Multi-stakeholder initiatives are organizations that have established voluntary sustainability standards, often for a specific commodity or industry sector. They offer a common label for companies that commit to align to the principles set by the standard and that agree to be monitored under the relevant assurance programme under which their commitment to and compliance with the standards are verified. The voluntary set of standards developed under the initiative often covers a wide spectrum of sustainability concerns, ranging from environmental risks and corruption to working conditions and labour rights. Examples of the initiatives identified under the project include the Forest Stewardship Council, Fairtrade, the Aquaculture Stewardship Council, UTZ and the Aluminium Stewardship Initiative, which are also part of an umbrella organization, the ISEAL Alliance, created to strengthen these standards systems by improving their impacts, defining and advancing credibility, increasing their adoption and proliferation and improving effectiveness.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 19
- Paragraph text
- Under the Modern Slavery Act, companies with a total turnover of over £36 million conducting business, or part of a business, in any part of the United Kingdom are required to publish an annual slavery and human trafficking statement to disclose the steps the organization has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its own business. Companies may also provide a statement that the organization has taken no such steps. The statement may include information on the company’s structure and its supply chains, its policies and due diligence processes to combat human trafficking and slavery, specific parts of its business and supply chains that may be exposed to higher risks and steps taken to mitigate such risks, the effectiveness of such efforts, and training made available for its staff. In addition, the statement must be signed by the highest level of management. The duties imposed under the Modern Slavery Act can be enforced in civil proceedings undertaken by the authorities.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 64
- Paragraph text
- A range of conditions particular to or commonly associated with situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved in cross-border trafficking of arms, drugs and other illicit products that have the capacity to expand their activities into trafficking in persons and are therefore in a position to take advantage of additional opportunities to generate profit. A weak or non-existent justice and protection system that perpetuates impunity fails to protect the most vulnerable groups and individuals of society from exploitation. Other factors include a high prevalence and toleration of violence that extends beyond armed forces to include communities and families, as well as pressure to move, leading to dangerous migration decisions. Failure to consider anti-trafficking responses within humanitarian or peacekeeping efforts at the outset of conflicts further increases the vulnerability of trafficked persons or potential victims of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Families
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 57
- Paragraph text
- Furthermore, States should establish or adapt existing mechanisms and procedures designed to ensure victim protection for the purpose of detecting trafficking cases or the risk of trafficking in all locations where there are large influxes of migrants and refugees, including hotspots, reception centres and administrative detention centres for migrants. While existing referral mechanisms are generally based within or related to police operations, detection and protection of trafficking victims or people exposed to a high risk of trafficking as a result of their attempts to flee conflict should rather be based on procedures established in close cooperation between social authorities and civil society organizations. States have an obligation to detect cases of trafficking and to ensure the full implementation of national legislation providing victims with assistance and support, and such support should not be made conditional on the initiation of criminal proceedings, the legal qualification of the crime or victims' cooperation with law enforcement authorities. Moreover, States should consider extending a number of measures, especially by providing assistance in securing employment, to people at risk of trafficking and exploitation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 32
- Paragraph text
- Conflict-related sexual violence takes many forms. Women and girls seeking to survive in conflict zones are often compelled to exchange sexual services and even to "marry" for food, shelter, protection or safe passage. UNHCR has affirmed that women in conflict situations are vulnerable to a range of discriminatory practices that exacerbate their dependence (for example, receiving smaller food rations or not having ration cards or other identity documents in their own name) and are disproportionately exposed to sexual violence. For women and girls abducted into military service, sexual assault is often a feature of their experience. Rape has been used as a tactic of war to humiliate and weaken the morale of the enemy, ethnically cleanse the population, destabilize communities and force civilians to flee. Widespread or systematic sexual assault by government and/or opposition or rebel forces has been documented in multiple modern conflicts, including in the reports of the Secretary-General on conflict-related sexual violence, issued annually since 2009, in which he has identified incidents and patterns of sexual violence in conflict-affected countries employed by parties to armed conflict, primarily against women and girls but also against boys and men (see S/2015/203).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Boys
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 47
- Paragraph text
- Subregional initiatives include the Economic Community of West African States (ECOWAS) Declaration on the Fight against Trafficking in Persons (2001) and the ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003). Subsequent plans of action against trafficking in persons have also been adopted. Moreover, the ECOWAS and Economic Community of Central African States biregional Plan of Action to Combat Trafficking in Persons, especially Women and Children (2006-2009), the related resolution and a multilateral cooperation agreement have further strengthened subregional initiatives to curb trafficking. The biregional Plan of Action reaffirmed the ECOWAS Initial Plan of Action and extended efforts to combat trafficking into the Central African region. In addition, the Southern African Development Community Plan of Action to combat trafficking in persons, the revised African Union Plan of Action on Drug Control and Crime Prevention (2007-2012 and 2013-2017) can be cited as examples of subregional initiatives. Joint cooperation between intergovernmental organizations, such as between the United Nations and the African Union, in the Asian-African Legal Consultative Organization or within the Commonwealth can be cited as joint actions to address human trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 65
- Paragraph text
- Respondents to the questionnaire noted that the mandate had also directly contributed to confirming and disseminating the obligations of States with respect to their response to trafficking. The mandate has also been very clear that the obligations of States extend beyond those that relate immediately to victims. For example, in relation to the responses of the criminal justice system, the Special Rapporteur has confirmed the obligation on all States to investigate and prosecute trafficking, as well as the obligation to protect the rights of suspects and the right to a fair trial. In their country mission reports, the mandate holders have also highlighted the link between corruption and trafficking, noting that States are required to act in preventing such corruption and dealing with it once it is uncovered. More broadly, and in particular during the tenure of the current mandate holder, the mandate has examined the implications of the legal obligation on States to take steps to prevent trafficking, detailing actions that should be taken within the framework of a human rights approach (A/HRC/10/16, paras. 45-47).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 60
- Paragraph text
- Supply chains and public-private partnerships. The mandate has maintained a strong focus on non-State actors and the role they can or should play in preventing and responding to trafficking. Information about trafficked labour in the supply chains of major industries, including agriculture, information and communications technology, fishing, garment-making and textiles, has alerted the mandate to the importance of engaging directly with business corporations. Over the past years, the Special Rapporteur has taken up this difficult issue, undertaking research and holding wide-ranging consultations on trafficking in global supply chains. In a dedicated report she outlined a series of clear and practical recommendations for businesses and States to help them eliminate trafficking in the supply chain (A/67/261). This provided the basis for further consultations with business experts that resulted in a draft set of benchmarks and indicators for ensuring that supply chains are free of trafficking. That draft was presented to the Human Rights Council at its twenty-third session (A/HRC/23/48/Add.4, appendix I) and the second United Nations Forum on Business and Human Rights in 2013.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 50
- Paragraph text
- Procedural components of the right to a remedy. The procedural obligations may be conceived as the range of measures needed to guarantee access to an effective remedy, including access to information, legal assistance and regularization of residency status, which contribute to the realization by trafficked persons of the substantive components of the right to an effective remedy. The Special Rapporteur has come to appreciate that certain preconditions must be fulfilled if the right to a remedy for victims of trafficking is to be realized in practice. For example, failure to identify victims in the first place will inevitably operate to deny those persons access to remedies. In too many countries, trafficked persons, including those who have been identified as such, are detained or deported without being given any opportunity to claim compensation. Improvements in identification procedures; the institution of a "reflection and recovery period", during which victims can receive legal and other assistance; and a review of any legal obstacles to access are therefore critical to effective realization of the right to a remedy.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Persons on the move
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 31
- Paragraph text
- Recommendations and checklists. The Special Rapporteur has actively sought to promote normative clarity around trafficking and help flesh out the substantive content of key rules and obligations where that is required. This work has been firmly based on existing international standards, as recognized in the major human rights treaties and the specialist trafficking instruments. A major output of this method of work is a set of draft basic principles on the right to an effective remedy (A/HRC/17/35, annex I), developed after extensive consultation with stakeholders in all regions, which seek to bring clarity to the concept of the right to an effective remedy and set out the factors to be taken into account when this right is applied to trafficked persons. The Special Rapporteur has also created a draft checklist of indicators and benchmarks which businesses can use to assess the risks of human trafficking in their supply chains (2012). The checklist was developed and revised through consultations and is intended to build on and complement existing initiatives, including the Guiding Principles on Business and Human Rights.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 36
- Paragraph text
- Over the course of the mandate, the Special Rapporteur has noted that the development of the Palermo Protocol within a framework of crime control has raised understandable concerns that the focus would diminish the attention and commitment due to the human rights of victims. She believes that there should be no conflict between the rights of victims and the responses of the criminal justice system. Administration of justice systems must be geared towards guaranteeing access to justice to victims, providing an effective remedy, promoting respect for the fundamental human rights of victims, including offenders, and ensuring adequate protection and assistance to victims of trafficking in order to prevent revictimization and avoid the danger of being retrafficked (A/64/290, para. 99). Moreover, in recognition of the pressing problems associated with the responses of the criminal justice system and the lack of available guidance, the report of the Special Rapporteur on a rights-based approach to the administration of criminal justice affirmed the obligation of States to criminalize trafficking; to investigate and prosecute trafficking with due diligence; and to provide for appropriate penalties (see A/HRC/20/18).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 85c
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] Discouraging demand routinely requires measures to stop discrimination, notably discriminatory practices which contribute to the exploitation of persons. These include discrimination based on gender, ethnicity, national origin and other criteria, such as discrimination against migrant workers in employment practices. States should eliminate acts or practices of discrimination on such grounds and should amend laws and policies that institutionalize discrimination and thereby also shape demand, particularly ones concerned with employment or migration, just as they must challenge discriminatory social attitudes, practices and beliefs, which also shape demand;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 85b
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] States have a responsibility 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;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 68
- Paragraph text
- The principal responsibility of States in such cases is to protect the children concerned. When there is evidence that the majority of children to be found begging have been trafficked or are being subjected to either forced labour or a practice similar to slavery, the relevant Government authority with appropriate child protection expertise should consider what response is appropriate, notably whether it should involve discouraging children of a certain age from begging, making it a criminal offence to profit from a child's begging or discouraging the public from donating money to child beggars in some or all circumstances. When trafficked children are reported to be moved from one State to a neighbouring State, it would be in the best interests of the children concerned for the various States involved to harmonize their responses, so that traffickers cannot simply move on, accompanied by the children they exploit, to take advantage of different laws and regulations in a neighbouring State.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 22
- Paragraph text
- In the Recommended Principles and Guidelines on Human Rights and Human Trafficking, the United Nations High Commissioner for Human Rights recommended a set of principles and guidelines to put the human rights of trafficked persons at the centre of all efforts to prevent and combat trafficking and protect, assist and provide redress to victims. The document provides specific recommendations on addressing demand as part of prevention strategies. It highlights the importance of addressing demand as a root cause of trafficking and raising the effectiveness of law enforcement to discourage demand, and recommends analysing the factors that generate demand for exploitative commercial sexual services and exploitative labour and taking strong legislative, policy and other measures to address these issues. Principle 2 provides that States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 21
- Paragraph text
- The role of individual consumers in fuelling the exploitation of children, including cases when children are trafficked, is recognized in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. In this Protocol, the need is expressed for raising public awareness to reduce consumer demand for the sale of children, child prostitution and child pornography. In addition to requiring them to punish specified acts and activities by criminal or penal law, the Optional Protocol requires States parties to "promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol" and "take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol" (art. 9, paras. 2 and 5).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 24
- Paragraph text
- In 2000, the flow of organs was believed to follow the modern route of capital: from the South to the North, from the Third World to the First World, from poor to rich, from black and brown to white, and from female to male. Data reviewed by the Special Rapporteur generally confirmed the key points of this assertion, except in relation to the gender aspect. The trade in organs sharply reflects economic and social divisions within and, most particularly, between countries. Recipients are generally independently wealthy or supported by their Governments or private insurance companies. Victims are inevitably poor, often unemployed and with low levels of education, rendering them vulnerable to deception about the nature of the transaction and its potential impacts. Available information indicates that, while trafficking in persons for the removal of organs can occur within a single country, it may involve legitimate regional cooperation or, most commonly, potential recipients travelling to another country for a transplantation that would be unlawful or otherwise unavailable at home (known as "transplant tourism"). Intermediaries, including brokers and health-care providers, arrange the recipients' travel and recruit "donors".
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Movement
- Violence
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 71
- Paragraph text
- While extradition is instrumental in ensuring the efficient prosecution of suspected traffickers, thereby upholding the interests of both the victim and the State, the Special Rapporteur notes the importance of ensuring a rights-based approach to extradition, which would require consideration of the human rights implications of action at all stages of the extradition process. Such safeguards include an evidentiary test to protect individuals from being extradited on the basis of groundless allegations and/or from requests made in bad faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin or political opinions. The Special Rapporteur also emphasizes the fact that the right to a fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil and Political Rights, must apply to all extradited persons. Similarly, the principle of non-refoulement prohibits the return of a person where she or he would suffer discrimination or where this would result in the extradited individual being subjected to torture or cruel, inhuman or degrading treatment or punishment.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 20
- Paragraph text
- In addition to anti-trafficking laws and other related laws that are aimed at punishing perpetrators of human trafficking in general, some States have adopted creative laws and mechanisms directed at businesses to better monitor their conduct. In Brazil, the Ministry of Labour and Employment maintains a public record of individuals and corporations identified by labour inspectors to be using or to have used slave labour. Once placed on what is known as the "dirty list", the individuals and corporations face financial sanctions, including fines and denial of national subsidies, tax exemptions and loans from State banks. They also automatically have their business dealings suspended by other companies that have voluntarily signed the National Pact for the Eradication of Slave Labour. The Ministry of National Integration has formally recommended that private-sector lenders deny financing to those on the list. The list currently contains the names of almost 300 employers. It is updated biannually and those listed may be removed only if they have not repeated the offence and have paid all fines and labour and social compensation. The list is a good example of how States may name and shame the companies implicated in human trafficking and slavery, and sanction their behaviour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 57
- Paragraph text
- Consideration of the best interests of the child also extends to the question of what form of reparation would be most appropriate for the child. For example, while the right to compensation should be equally available to trafficked children and adult trafficked persons, many children do not have bank accounts and the capacity to manage money. Where the child's parents were complicit in the crime of trafficking, it may not be in the best interests of the child to transfer the compensation payment to the parents on trust for the child. From this perspective, there is a need to frame remedies for trafficked children more broadly and creatively. The best interests of the child formula suggests that reparative measures for trafficked children should be geared towards building a comprehensive child protection system which guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation. In this regard, the repatriation and reintegration programme for the Pakistani child camel jockeys mentioned in paragraph 21 above is a unique example of linking the entitlement to a monthly cash grant to the school attendance rate of 80 per cent by the children.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 56
- Paragraph text
- From States' perspectives, these concerns translate into the obligation to implement child-sensitive court procedures which effectively protect the rights and interests of children. In particular, the Legislative Guide to the Palermo Protocol unequivocally stresses the importance of avoiding direct contact between the child victim and the suspected offender, and according child witnesses special protection measures to ensure their safety. Thus, States should, for instance, allow procedural measures to obtain the child's testimony without the presence of the trafficker, such as allowing video-recording of testimony, examination via videoconference, or written statements in lieu of in-court testimony. Child-sensitive court procedures may also require adequate training of relevant law enforcement officials, such as police officers, lawyers, prosecutors and judges, in the rights of trafficked children. In this regard, it has been noted that there are benefits in forming a multi-stakeholder group to allow law enforcement officials to work together with social workers and other service providers responsible for the care of exploited children, including trafficked children, to ensure the provision of appropriate care and support, as well as the prosecution of the perpetrators.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 44
- Paragraph text
- Furthermore, regional bodies have a role in promoting the establishment of national multidisciplinary monitoring bodies, which are key to the success of NPAs. For example, OSCE, COMMIT and the EU encourage States to establish such structures, which they designate as National Rapporteurs or Task Forces. These would be governing bodies with implementation, coordination and oversight responsibility, consisting of representatives from the relevant ministries - including police, justice, social welfare, labour and women's affairs - in charge of evaluating achievements and challenges in the country's implementation of their commitments, managing data collection and information sharing, taking decisions with regard to the need to revise strategies and coordinating overall efforts at the national level. International organizations and NGOs should be involved in these mechanisms. The OSCE Special Representative's 2008 Annual Report focused specifically on these national coordination mechanisms, outlining efforts taken by participating States to establish national coordinators and inter-agency coordinating bodies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 115
- Paragraph text
- Donors should contribute to support the mandate of the Special Rapporteur on trafficking in persons, especially women and children, to enable the mandate holder to continue to pursue the work described in the present report, particularly in the areas identified for further engagement with multi-stakeholder initiatives and industry coalitions.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 113
- Paragraph text
- States should equip embassies abroad to provide services to migrant workers, especially channels for consultations and complaints.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 111
- Paragraph text
- States should ensure full recognition of the rights of all workers, including migrant workers, to join and form trade unions and to bargain collectively.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 110
- Paragraph text
- States should develop and increase the number of alternative options for regular and safe migration and for legal employment of migrant workers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 109
- Paragraph text
- States should abolish and replace employer sponsorship systems that bind every worker to an employer as a sponsor and that create a situation of vulnerability that favours abusive and exploitative work relationships leading to trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 107
- Paragraph text
- States should ensure that workers have rapid and affordable access to grievance and other dispute resolution mechanisms that enable them to address alleged abuses and fraudulent practices in recruitment and employment without fear of retaliatory measures, including blacklisting, detention or deportation, irrespective of their presence or legal status in the State, and to appropriate and effective remedies where abuses have occurred. States should also ensure, through judicial, administrative, legislative or other means, that when abuses related to recruitment and employment occur within their territory and/or jurisdiction, those affected have access to effective remedies, which may include, but should not necessarily be limited to, compensation. Pending the investigation or resolution of a grievance or dispute, whistle-blowers or complainants should be protected and migrant workers should have timely and effective access to procedures. States should ensure that these mechanisms can be accessed across borders after a worker has returned to his or her country of origin.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 105
- Paragraph text
- States should ensure that employment contracts are clear and transparent and are respected, and should require and ensure that written contracts of employment are provided to workers specifying the job to be performed and the terms and conditions of employment, including those derived from collective agreements. The contract, or an authoritative copy, should be in the language of the worker or in a language the worker can understand, and the necessary information should be provided in a clear and comprehensive way in order to allow the worker to express his or her free and informed consent. Contracts for migrant workers should be provided sufficiently in advance of their departure from their country of origin. The contracts should not be substituted and should be enforceable in the destination country. While respecting confidentiality and the protection of personal data, Governments may consider the use of information technology to achieve the above-mentioned objectives. In the absence of a written contract, States should ensure that all rights of recruited workers are respected in accordance with existing legislation and regulations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 104
- Paragraph text
- States should ensure that legislation covering recruitment activities clearly prohibits the charging of recruitment fees and related costs to workers and jobseekers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 103
- Paragraph text
- States should ensure that there is an effective and sufficiently resourced labour inspectorate, and that its staff is empowered and trained to investigate and intervene at all stages of the recruitment process and employment for all workers and all enterprises, and to monitor and evaluate the operations of all labour recruiters.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 101
- Paragraph text
- States should ensure that relevant legislation and regulations cover all aspects and stages of the recruitment process, and that they apply to all workers, especially those in a vulnerable situation, and for all types of jobs.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 100
- Paragraph text
- States should adopt, review and, where necessary, strengthen national laws and regulations and consider establishing, regularly reviewing and evaluating national fair recruitment commitments and policies, with the participation of employers’ and workers’ organizations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98f
- Paragraph text
- [States should:] Encourage knowledge-sharing activities with multi-stakeholder initiatives through, inter alia, the establishment of platforms for the exchange of experiences, lessons learned and good practices on voluntary standards that can help in strengthening national and local strategies to enforce and monitor labour standards.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98d
- Paragraph text
- [States should:] Develop and release guidance materials prior to the entry into force of the legislation to support companies in understanding the requirements;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98c
- Paragraph text
- [States should:] Make publicly available the lists of companies that are subject to legislation on transparency;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98b
- Paragraph text
- [States should:] Establish sanction mechanisms for companies that fail to fulfil their obligations, and equip law enforcement agencies with the resources necessary to follow up on reports of lack of compliance;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98a
- Paragraph text
- [States should:] Adopt effective legislation requiring transparency in supply chains, human rights due diligence throughout supply chains, public reporting and disclosure by businesses, as well as measures relating to procurement practices, and guarantee the implementation of such legislation;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 92
- Paragraph text
- Companies should consider publicly disclosing the names of their suppliers, as well as policies and measures implemented to ensure the compliance of suppliers to the company policy, with reference to, inter alia, cases of non-compliance and corrective action taken.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 87
- Paragraph text
- Assurance providers and auditing companies should consider sharing aggregated data on audit results with governments and other relevant stakeholders to support government-level strategies in combating trafficking in persons for labour exploitation that are based on empirical evidence.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 86
- Paragraph text
- Assurance providers and auditing companies should supplement information obtained through worker interviews and document reviews with alternative sources of information, including from trade unions and civil society stakeholders who are active in the sector and region.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 85
- Paragraph text
- In the event that the audited company uses labour recruiters, a specialized audit protocol should be in place to assess the risks in their recruitment practices.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 84
- Paragraph text
- When performing an audit, assurance providers and auditing companies should ensure that sufficient time is allocated to interviews with workers and worker representatives, that gender concerns are appropriately addressed and that sufficient resources are allocated to engaging interpreters to support auditors when necessary.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 83
- Paragraph text
- Assurance providers and auditing companies should ensure that auditors performing workplace assessments are trained in identifying and evaluating risk indicators of trafficking in persons, forced labour and labour exploitation, including risks related to unethical recruitment practices.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 81
- Paragraph text
- Multi-stakeholder initiatives should develop specific deep dive audit protocol modules on trafficking in persons indicators and guidance to be used when predefined red flags of trafficking and forced labour are first detected, allowing auditors to enlarge the audit scope and uncover the full extent and depth of the problem.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 80
- Paragraph text
- Multi-stakeholder initiatives should consider engaging with auditors and other monitoring mechanisms when designing and establishing auditing protocols and monitoring modalities to ensure that they are effective for identifying risk indicators in practice.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 72
- Paragraph text
- Multi-stakeholder initiatives should cooperate with State authorities by sharing lessons learned and experiences in standards implementation, to analyse gaps in regulations and State policy regarding the elimination of trafficking in persons and promote the adoption of a relevant legal framework and effective law enforcement measures.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 70
- Paragraph text
- Multi-stakeholder initiatives should consider establishing a platform with all relevant stakeholders at the local level to discuss and coordinate measures to implement the standards, challenges in the implementation and solutions.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 68
- Paragraph text
- Multi-stakeholder initiatives should ensure that the criteria and indicators used to determine compliance with each standard are adapted effectively to the specific sector and activity the initiative covers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66j
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Deductions made from workers’ wages are lawful;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 63
- Paragraph text
- The present report offers an overview of the main challenges that multi-stakeholder initiatives and industry coalitions face in helping their member companies and suppliers to eliminate trafficking in persons in their operations and supply chains. Improving awareness of trafficking in persons and risk practices among the stakeholder base is a prerequisite to establishing a standard that can effectively evaluate company performance in preventing and addressing trafficking in persons. The embedding of workers’ voices as an alternative source of information on company performance must be guaranteed. Audit methodologies must be reviewed to ensure that third-party audits are performed under optimal circumstances, that the resources necessary to collect the voices of workers are allocated and that auditors have the skills necessary to evaluate trafficking in persons risk practices. Multi-stakeholder initiatives and businesses must identify solutions in order to ensure a voluntary standards strategy in which workers, trade unions and civil society play a central role at the standard-setting level and in monitoring schemes and corporate grievance mechanisms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 47
- Paragraph text
- This lack of accountability at lower levels of the supply chain inhibits the multiplier effect that efforts to implement the standards should have in bringing the larger group within the industry under the same standard. Companies’ leverage over their suppliers in today’s complex supply chains, in which individual companies may represent a small percentage of a supplier’s business share, can prove very limited if it is not accompanied by a collective action from the industry as a whole. While efforts by industry coalitions and multi-stakeholder initiatives are aimed at breaking through such barriers, current individual corporate limits on supply chain transparency hinder the use of powerful tools such as the consumer thirst for greater accountability, as lower levels in the supply chain hidden by a lack of transparency would be immune to such demands for accountability. Also, suppliers whose business relationships are predominantly with companies based in countries where there is a higher level of consumer awareness and where national legislation requires a higher degree of due diligence and transparency will respond differently to their buyers’ requirements regarding compliance with human rights and labour standards than will suppliers whose main business relationships are with companies based in countries with less robust national frameworks and lower consumer demand for ethically produced goods.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 40
- Paragraph text
- The evaluation of the competence of the auditors is also a key concern. The level of understanding of the complexities of detecting trafficking in persons, forced labour and other types of labour exploitation varies among those in the industry. The skills required to, among other things, interview workers, and an auditor’s comprehensive understanding of the specific vulnerabilities of categories of workers, such as migrant or contract workers, are indispensable to ensuring adequate evaluations of a company’s performance on indicators related to trafficking in persons. Unfortunately, one single team of auditors is often charged with the evaluation of the complete set of indicators, including those on other issues, such as deforestation or corruption. It is unlikely that auditors with expertise in environmental concerns would have also the same level of experience in evaluating corporate practices that represent risk indicators of trafficking in persons or forced labour, especially considering the subtle ways in which such practices may be concealed and the fact that workers themselves may be unaware of the wrongfulness of corporate practices that are perceived as common businesses practices, such as compulsory overtime or the payment of recruitment fees.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 34
- Paragraph text
- In order to evaluate the compliance of companies and grant certification, if applicable, multi-stakeholder initiatives establish an assurance programme. The ISEAL Alliance defines assurance as the demonstrable evidence that specified requirements relating to a product, process, system, person or body are fulfilled. Some voluntary standards organizations use the term certification system instead. Models of assurance vary in their approach and level of rigour, which range from self-assessments to third-party auditing. Models of audit methodology may differ in terms of frequency and intensity, and with regard to the requirements auditors need to meet to perform the audit. Assurance programmes also use different scoring systems to rate applicant companies on their level of compliance with the standard. Today, many multi-stakeholder initiatives have opted for a stepwise or continuous improvement approach, rather than a pass-fail approach, and assign a prominent role to capacity-building activities that help companies to understand and tackle challenges in the implementation of the standard and in fulfilling compliance requirements.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 33
- Paragraph text
- The governance structure of multi-stakeholder initiatives is usually composed of a wide variety of stakeholders, including businesses, their suppliers and civil society representatives. The multi-stakeholder nature plays an important role, particularly in the standard-setting process, through which stakeholders define the criteria and indicators that the initiative will use to evaluate company compliance with the agreed standard. In this regard, the quality of the criteria and indicators relating to trafficking in persons depends largely on the level of stakeholder awareness of the issue, as well as on the initiative’s success in raising awareness about the standard-setting process among relevant stakeholders, in particular among those that can provide significant feedback. Ultimately, the degree to which this feedback can be integrated into the process will be contingent on the capacity to transmit to other stakeholders the importance and impact that risk indicators relating to trafficking in persons would have in their activities and on their overall performance as measured against labour-related standards.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 25
- Paragraph text
- Regarding recruitment regulation, the ILO launched in September 2016 the non-binding ILO general principles and operational guidelines for fair recruitment, in which it is reiterated that recruitment should take place in a way that respects, protects and fulfils internationally recognized human rights, including those expressed in international labour standards, such as prevention and elimination of forced labour. The guidelines enshrine principles related to the prohibition of recruitment fees, transparency in the terms and conditions of employment, the prohibition against confiscating workers’ identity documents, and contracts, among others. Another initiative, the International Recruitment Integrity System (IRIS) was launched by IOM in 2014. IRIS is a multi-stakeholder initiative for labour recruiters that offers a certification system to recognize ethical recruiters on the basis of an evaluation of their compliance with the IRIS Code of Conduct. Based on the ILO labour standards, the Guiding Principles on Business and Human Rights and good practices in the industry, the Code of Conduct also includes principles on the prohibition of charging recruitment fees to jobseekers, respect for freedom of movement, respect for transparency of terms and conditions of employment, respect for confidentiality and data protection and respect for access to remedy.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 16
- Paragraph text
- Regarding the obligations of States to protect against and redress the human rights impacts of business, the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework were endorsed by the Human Rights Council in 2011. In the Guiding Principles, States are requested to set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations (principle 2). While the issue of trafficking in supply chains is not specifically addressed in the Guiding Principles, in accordance with principle 17 businesses should carry out due diligence in order to identify, prevent, mitigate and account for how they address their adverse human rights impacts. Pursuant to that same principle, the due diligence should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed, and should cover not only impacts related to an enterprise’s own activities, but also those to which it may be linked through its business relationships.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73
- Paragraph text
- The media should be adequately sensitized on the linkage between trafficking in persons, especially women and children, and conflict and be aware of its gender dimension, in order to be able to report correctly about incidents of trafficking affecting girls, boys, women and men occurring in such circumstances.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Men
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 72f
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Trafficking in persons for the purpose of removal of organs in the context of conflict;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 71a
- Paragraph text
- [The United Nations should:] Continue its effort to implement and reinforce the United Nations zero- tolerance policy on sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70d
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Disclose publicly information on disciplinary and administrative procedures taken by contributing countries in relation to alleged perpetrators within their troops;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70b
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure that mandatory trainings for peacekeeping personnel include the prevention of trafficking, the identification of situations involving trafficking or risks of trafficking, and assistance to and protection of victims and potential victims, in cooperation with United Nations agencies and programmes and international organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70a
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Waive the immunity of peacekeepers as soon as indications of their involvement in trafficking situations or exploitation have been discovered and prosecute perpetrators without delay;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69f
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Establish monitoring and control mechanisms at labour sites with an effective complaint mechanism to enable workers to report instances of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69e
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Exercise due diligence to prevent or mitigate trafficking committed by subcontracted private individuals or companies that are directly linked to their operations, even if the State agencies of armed forces have not themselves contributed to the violations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69b
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Whenever possible, hire workers directly rather than by engaging contractors or subcontractors or using intermediate agencies, to ensure that the supply chain is free of trafficked persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 68e
- Paragraph text
- [All States, whether a source, transit or destination country of women and girls trafficked for sexual exploitation in conflict and-post conflict areas, should:] Address the root causes of trafficking in persons on the basis of a gender-sensitive approach, in cooperation with civil society organizations, United Nations agencies and programmes and international organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 68d
- Paragraph text
- [All States, whether a source, transit or destination country of women and girls trafficked for sexual exploitation in conflict and-post conflict areas, should:] Identify, protect and assist victims of trafficking for sexual exploitation and sexual slavery;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 68c
- Paragraph text
- [All States, whether a source, transit or destination country of women and girls trafficked for sexual exploitation in conflict and-post conflict areas, should:] Prevent and prosecute all forms of trafficking of women and girls for temporary, forced and/or servile marriages;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 68b
- Paragraph text
- [All States, whether a source, transit or destination country of women and girls trafficked for sexual exploitation in conflict and-post conflict areas, should:] Prevent early marriages, whether in refugee/internally displaced persons camps or in the society of the host country;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 68a
- Paragraph text
- [All States, whether a source, transit or destination country of women and girls trafficked for sexual exploitation in conflict and-post conflict areas, should:] Recognize and address the vulnerability of women and girls fleeing conflict to trafficking for sexual exploitation, whether in refugee/internally displaced persons camps or at the hands of the military, extremist groups or family members;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 67
- Paragraph text
- The United Nations should ensure that child trafficking is linked to the six grave violations and abuses against children. Such violations should be taken into consideration as a ground on which to bar countries repeatedly listed in the annual reports of the Secretary-General on children and armed conflict as being involved in those violations from contributing troops to United Nations operations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 66e
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Ensure that trafficked children and other trafficked persons are not detained, prosecuted or punished for violations of immigration laws or for unlawful activities they are involved in as a direct consequence of their situation as trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 66d
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Ban administrative detention of children, in particular but not only for violations of immigration laws and regulations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 66c
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Recognize the specific vulnerability of trafficked girls or potential victims of trafficking for sexual and labour exploitation in conflict and post-conflict situations and take measure to reduce the vulnerabilities;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Girls
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 66b
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Adopt proactive measures to protect children caught in conflict that are based on the best interest of the child and in line with international humanitarian, human rights and refugee law, when indications of child trafficking or risk of child trafficking are identified;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 65e
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Cooperate with Government and actors involved in the short- and long- term response to conflict, including with respect to the social integration of victims of trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 65c
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include prevention of trafficking in persons as part of life-saving protection activities, from the outset of a conflict/crisis;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 64e
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Grant non-national victims of trafficking residence status and assistance, not to be made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 64d
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Prevent and prosecute all forms of trafficking in persons for all purposes, including for temporary, forced and/or servile marriages;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 64a
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Protect people, particularly children, women and minority groups in conflict-affected areas and people fleeing conflict, from all forms of trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 63
- Paragraph text
- In view of States' legal responsibility to identify, protect and assist trafficked persons in all circumstances, including in conflict and post-conflict situations, and to work to ensure that those responsible for violations of human rights and the laws of war are held accountable, the Special Rapporteur offers the following recommendations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 56e
- 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 safe return/protection from retrafficking/protection from persecution. All victims of trafficking who are not residents of the country in which they find themselves are entitled to return to their country of origin. This right places an obligation on the part of the country of origin to receive its returning nationals without undue or unreasonable delay. The right to return also implies an obligation on the country of destination to permit those victims who wish to return to do so, again without undue or unreasonable delay. Detention of trafficked persons in shelters, prisons or immigration detention facilities is one way in which the right to return can be interfered with. International law supports a standard of safe and preferably voluntary return for trafficked persons, which implies, at a minimum, that steps are taken to ensure that victims are not at serious risk of retrafficking or persecution. The right to seek and claim asylum from persecution requires States to avoid returning victims to situations of persecution or risks of serious human rights violations. Issues around return are complicated by conflict.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 47
- Paragraph text
- Within the specific context of armed conflict, additional legal instruments of obligation and protection apply. The most relevant of these for the current purposes is the Rome Statute of the International Criminal Court, which addresses, inter alia, war crimes and crimes against humanity and specifically addresses grave forms of sexual violence, including rape, sexual slavery, enforced prostitution, forced pregnancy or enforced sterilization. Also of relevance are the instruments of international humanitarian law that prohibit certain conduct in the context of international and non-international armed conflict, including slavery, sexual slavery, sexual violence and forced labour. It is important to note, however, that trafficking itself, and the gender-based harm with which it is associated, has never been explicitly prohibited, or even regulated, by international humanitarian law. This despite the fact that, as shown previously, many of the worst practices associated with armed conflict, such as the forced recruitment of child soldiers, the organized sexual enslavement of women and the enlistment of civilians into forced or highly exploitative labour, could also fall within the international legal definition of trafficking. However, international instruments have been interpreted in accordance with evolving human rights norms and standards through the jurisprudence of the international tribunals.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Humanitarian
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- Given the complexities surrounding trafficking in conflict and post-conflict situations, which can be considered from a number of different perspectives, the range of sources of relevant law is very wide. In the human rights area, for example, treaties dealing with slavery and the slave trade, forced labour, child labour, the rights of women, the rights of children, migrant workers and persons with disabilities, as well as more general treaties dealing with civil and political rights or economic, social and cultural rights, are applicable to trafficking in all situations, including situations of armed conflict. Major crime control treaties, such as the United Nations Convention on Transnational Organized Crime and the United Nations Convention against Corruption are also relevant to trafficking in all situations, as are the specialist treaties dealing with the issue of trafficking, most particularly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and, at the European level, the Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report, and the European Union Directive on preventing and combating trafficking in human beings and protecting its victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 32
- Paragraph text
- The trafficking of women and girls for sexual exploitation, including sexual slavery, forced marriage, forced prostitution and forced pregnancy, features within the broader picture of sexual violence perpetrated against the civilian population during and in the wake of conflicts. The nexus between trafficking in persons and sexual violence is further affirmed in a statement by the President of the Security Council (S/PRST/2015/25) in which the President underscored the urgency of efforts to deter, detect and disrupt trafficking in persons, including by terrorist and violent extremist groups. Recently, an egregious pattern of abductions from their homes or schools of women and girls who are subsequently forced to marry and/or serve as sex slaves has been reported in conflict-affected settings, though some forms of this phenomenon have also been a feature of armed conflicts in the past. Such exploitation, which in some cases involves trafficking for forced marriage and sexual enslavement by extremist groups such as Islamic State in Iraq and the Levant, Boko Haram and their affiliates, is believed to be a strategy to generate revenue as well as to recruit, reward and retain fighters. In order to prevent such abductions, families are reported to be confining women and girls and removing girls from school (see S/2015/203, para. 61).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 31
- Paragraph text
- Conflict-related sexual violence takes many forms. Women and girls seeking to survive in conflict zones are often compelled to exchange sexual services and even to "marry" for food, shelter, protection or safe passage. UNHCR has affirmed that women in conflict situations are vulnerable to a range of discriminatory practices that exacerbate their dependence (for example, receiving smaller food rations or not having rations cards or other identity documents in their own name) and are disproportionately exposed to sexual violence. For women and girls abducted into military service, sexual assault is often a feature of their experience. Rape has been used as a tactic of war to humiliate and weaken the morale of the enemy, ethnically cleanse the population, destabilize communities and force civilians to flee. Widespread or systematic sexual assault by government and/or opposition or rebel forces has been documented in multiple modern conflicts, including successive annual reports of the Secretary-General on conflict and related sexual violence since 2009 in which he has identified incidents and patterns of sexual violence in conflict-affected countries employed by parties to armed conflict, primarily against women and girls but also against boys and men (see, for example, S/2015/203).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Boys
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 26
- Paragraph text
- The United Nations Children's Fund (UNICEF) estimates that some 300,000 boys and girls under the age of 18 are involved in more than 30 conflicts worldwide. Children can be trafficked into military service by government armed forces, paramilitary groups and rebel groups. Hostilities and widespread displacement, as well as a general lack of security, increases children's vulnerability to being trafficked by armed groups.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 17
- Paragraph text
- Internal displacement due to conflict and persecution affects almost 40 million people. Most of the world's internally displaced persons live outside camps, in urban areas and with host communities, and remain invisible because they have not registered as internally displaced persons or wish to remain anonymous. These persons face greater risk of trafficking and exploitation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 12
- Paragraph text
- The features and patterns of modern-day conflict are linked to trafficking in persons, especially women and children. While there have been several large-scale conflicts between States in the past decade, the trend towards internal conflict continues to grow. Indeed, several international armed conflicts in recent times have morphed into complex internal conflicts and often spilled over to fuel internal crises in neighbouring States.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 78
- Paragraph text
- The media should be adequately sensitized about the linkage between trafficking in persons, especially women and children, and conflict, and should be aware of its gender dimension, in order to be able to report correctly about incidents of trafficking affecting girls, boys, women and men living in such circumstances.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Men
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 77g
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Trafficking in persons for the purpose of removal of organs in the context of conflict;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 77e
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Illicit financial flows generated from criminal networks engaged in trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 76a
- Paragraph text
- [The United Nations should:] Continue its efforts to implement and reinforce the United Nations zero-tolerance policy for sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 75d
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Disclose information publicly on disciplinary and administrative procedures taken by contributing countries in relation to alleged perpetrators within their national troops;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 75b
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure that mandatory training for peacekeeping personnel includes the prevention of trafficking, the identification of situations involving trafficking or risks of trafficking and assistance to and protection of victims and potential victims, in cooperation with United Nations agencies and programmes and international organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 75a
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Waive the immunity of peacekeepers as soon as indications of their involvement in trafficking situations or exploitation have been detected, and prosecute perpetrators without delay;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 74f
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Establish monitoring and control mechanisms at labour sites with an effective complaint mechanism to enable workers to report instances of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 74e
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Exercise due diligence to prevent or mitigate trafficking committed by subcontracted private individuals or companies that are directly linked to their operations, even if the State agencies of armed forces have not themselves contributed to the violations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 74b
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Whenever possible, hire workers directly, rather than by engaging contractors or subcontractors or using intermediate agencies, to ensure that the supply chain is free of trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 74a
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Exercise due diligence when employing workers, including migrant workers, to provide goods and services and help to ensure that businesses operating in conflict and post-conflict areas are not involved in human rights abuses, including trafficking in persons for labour exploitation;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73e
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Address the root causes of trafficking in persons on the basis of a gender-sensitive approach, in cooperation with civil society organizations, United Nations agencies and programmes and international organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73d
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Identify, protect and assist victims of trafficking for sexual exploitation and sexual slavery;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73c
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Prevent and prosecute all forms of trafficking of women and girls for temporary, forced and/or servile marriages;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73b
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Prevent early marriages, whether in refugee/internally displaced persons camps or in the host country;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 73a
- Paragraph text
- [All States, whether source, transit or destination countries of women and girls trafficked for sexual exploitation in conflict and post-conflict areas, should:] Recognize and address the vulnerability of women and girls fleeing conflict to the risk of trafficking for sexual exploitation, whether in refugee/internally displaced persons camps or at the hands of the military, extremist groups or family members;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 72
- Paragraph text
- In addition, the United Nations should ensure that child trafficking is linked to the six grave violations and abuses against children. Such violations should be taken into consideration as grounds on which to bar countries that are repeatedly listed in the annual reports of the Secretary-General on children and armed conflict as being involved in such violations from contributing troops to United Nations operations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 71e
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Ensure that trafficked children and any other trafficked persons are not detained, prosecuted or punished for violations of immigration laws or for unlawful activities they are involved in as a direct consequence of their situation as trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 71d
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Ban administrative detention of children, in particular, but not only, for violations of immigration laws and regulations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 71c
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Recognize the specific vulnerability of trafficked girls or potential victims of trafficking for sexual and labour exploitation in conflict and post-conflict situations and take measures to reduce their vulnerabilities;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Girls
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 71b
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Adopt proactive measures to protect children caught in conflict that are based on the best interest of the child and in line with international humanitarian, human rights and refugee law, when indications of child trafficking or risk of child trafficking are identified;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70f
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Cooperate with State and non-State actors involved in the short- and long-term response to conflict, including with respect to the social integration of victims of trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70d
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include prevention of trafficking in persons as part of life-saving protection activities from the outset of a conflict/crisis;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 70b
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Share and apply measures, methodologies and indicators to address trafficking in persons as early as possible and prevent such trafficking from the outset of a conflict/crisis;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69k
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Consider donating funds regularly for the protection and assistance of victims in conflict to the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons, the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery and the International Criminal Court Trust Fund for Victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69j
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Not detain, prosecute or punish victims of trafficking for violations of immigration laws or for unlawful activities they were involved in as a direct consequence of their situation as trafficked persons, including violations and offences linked with prostitution, petty crime and irregular entry/stay in the host country;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69i
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Consider extending a number of protective measures, especially by providing assistance in securing employment, to people at risk of trafficking and exploitation;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69e
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Grant non-national victims of trafficking residence status and assistance, not to be made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69d
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Prevent and prosecute all forms of trafficking in persons for all purposes, including for temporary, forced and/or servile marriages;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69a
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Protect people, particularly children, women and minority groups in conflict-affected areas and people fleeing conflict, from all forms of trafficking in persons;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 67
- Paragraph text
- Finally, while the present report of the Special Rapporteur is aimed at raising international awareness of the forms and nature of trafficking in persons in conflict and post-conflict situations on the basis of existing reliable information, she highlights the fact that, as new types of conflict arise, and modern means of combat are used, further research on this subject will be needed.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 65
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur, they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including migrants, asylum seekers, refugees, women and girls and children travelling alone.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 62
- Paragraph text
- Trafficking in persons in conflict and post-conflict situations is not just a possible result, but rather a consequence of crisis and conflict on a regular basis, and it must therefore be seen and addressed as a systemic outcome of conflict. Conflict-related trafficking is rarely detected, however, and even less addressed.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 61
- Paragraph text
- Human trafficking is a serious crime under international law, but in the present circumstances it is also a low risk, high profit organized crime. As such, States noted that monitoring the illicit financial flows it generates for criminal networks and terrorist groups engaged in cross-border transactions could be a means to address impunity, although most transactions appear to rely on non-formal financial systems.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 33
- Paragraph text
- The trafficking of women and girls for sexual exploitation, including sexual slavery, forced marriage, forced prostitution and forced pregnancy, features within the broader picture of sexual violence perpetrated against the civilian population during and in the wake of conflicts. The nexus between trafficking in persons and sexual violence is further affirmed in the statement of the President of the Security Council of 16 December 2015 (S/PRST/2015/25), which underscores the urgency of efforts to deter, detect and disrupt trafficking in persons, including by terrorist and violent extremist groups. Although some form of abduction has been a feature of armed conflicts in the past, recently there has been an egregious pattern of abducting women and girls from their homes or schools in conflict-affected settings. These women and girls may subsequently be forced to marry and/or serve as sex slaves. Such exploitation, which in some cases also involves trafficking for forced marriage and sexual enslavement by extremist groups such as ISIS, Boko Haram and their affiliates, is believed to be a strategy to generate revenue as well as to recruit, reward and retain fighters. For instance, it is reported that Yazidi women and girls are being trafficked for sexual enslavement by ISIS between Iraq and the Syrian Arab Republic (A/HRC/32/CRP.2, paras. 127 and 174). In order to prevent such abductions, families are reported to be confining women and girls and removing girls from school (S/2015/203, para. 61).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 23
- Paragraph text
- After fleeing conflict, children may be compelled to work to sustain themselves and/or to support their families. Unaccompanied children often have no choice but to work to meet their basic needs. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, construction, the food service industry, agricultural labour or as street vendors in conditions amounting to forced labour. Moreover, there appear to be organized systems within refugee camps for making these work arrangements. In Iraq and Lebanon, Syrian refugee children are trafficked for purposes of exploitation, including begging and selling items on the street. In May 2015, at least 1,500 children, 75 per cent of whom were Syrian, were reported as begging or working as street vendors in and around Beirut, working excessive hours to earn income for their families. These worst forms of child labour, which often mask other forms of exploitation, such as trafficking for forced labour and sexual exploitation, have negative consequences on children's health and education. Unaccompanied children from Afghanistan and the Sudan in refugee camps in Calais and Dunkirk in France are trafficked for sexual exploitation and forced to commit crimes, including stealing or selling drugs, by traffickers who promise them passage to the United Kingdom of Great Britain and Northern Ireland.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 22
- Paragraph text
- The journey of female migrants and unaccompanied children is particularly hazardous. Thousands of such women and children have disappeared, presumably abducted for purposes of trafficking related exploitation. Sudanese and Somalian refugees and asylum seekers fleeing conflict, including numerous unaccompanied children, have been kidnapped or lured from refugee camps or while travelling, sold and subsequently held captive in Libya or in the Sinai desert for purposes of exploitation through extortion. People of the Rohingya Muslim minority fleeing persecution in Myanmar take maritime and overland journeys, often through Thailand, to reach Malaysia as irregular migrants. Initially smuggled across borders, some are subsequently trafficked to fishing boats and palm oil plantations, ending up in bonded labour to repay the debts incurred for their transport. Others are held captive and abused in Malaysia until ransom is paid by their relatives. Since 2011, an increased number of Syrian refugees have been trafficked for purposes of labour exploitation in the agricultural, industry, manufacturing, catering and informal sectors in Jordan, Lebanon and Turkey. Refugees living in such conditions are forced to accept exploitative practices such as longer working hours, lower salaries in exchange of meagre wages, inadequate shelter and other exploitative arrangements.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 19
- Paragraph text
- Conflict-related violence, such as sexual violence, can itself be a driver of forced internal displacement, which in turn increases vulnerability to further exploitation, including through trafficking. For instance, in Colombia, sexual violence by armed groups has forced ethnic minority women and girls in remote rural areas away from their communities and placed them at greater risk of trafficking within the country as well as overseas. Additionally in Myanmar, worsening security situations and overcrowded camps with inadequate basic services cause some internally displaced persons along the border between Kachin State and China to risk crossing borders into China in an irregular manner in search of employment, putting themselves at high risk of exploitation because of their lack of legal status. Military attacks on camps further worsen displacement and cause undocumented internally displaced persons, including women and unaccompanied children, to flee their camps, exposing them to the risk of being exploited or trafficked. In contexts such as South Sudan, the Sudan and the Syrian Arab Republic, parties to conflict took advantage of the vulnerability of displaced and refugee populations to recruit children and commit crimes, including sexual violence and abduction. Security forces in the Democratic Republic of Congo have trafficked displaced persons as forced labourers in mines.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Children
- Girls
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 13
- Paragraph text
- The preparation of the report also benefited from the continued collaboration between the Special Rapporteur and other institutions on this topic, including Caritas International, the International Centre for Migration Policy Development, the International Organization for Migration (IOM), the Migrants in Countries of Crisis Initiative, the United Nations Organization on Drugs and Crime (UNODC) and the United Nations University, all of whom have worked to pave the way on this issue. Since the identification of the linkage between human trafficking and conflict as a focus of concern under her mandate in her report to the twenty-ninth session of the Human Rights Council (A/HRC/29/38), this issue has garnered increased interest, as evidenced by: (a) the statement by the President of the Security Council on 16 December 2015 (S/PRST/2015/25) requesting, inter alia, that the Secretary-General report back to the Council on progress made to improve the implementation of existing mechanisms countering trafficking in persons; (b) the interactive dialogue held by the Special Rapporteur with Member States during the thirty-second session of the Human Rights Council in June 2016; and the adoption by the Human Rights Council of resolution 32/3 on trafficking in persons, especially women and children: protecting victims of trafficking and people at risk of trafficking, especially women and children in conflict and post-conflict situations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 79
- Paragraph text
- The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedure, the Special Rapporteur will communicate cases to States, requesting clarification and action.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 77
- Paragraph text
- The Special Rapporteur will also reach out to the private sector, engaging with businesses and employers in particular, to look out for possibilities for public-private partnerships that will address the demand for cheap labour in the private sector, unethical recruitment practices and other practices relating to the elimination of trafficking in supply chains.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 76
- Paragraph text
- In carrying out her mandate, the Special Rapporteur will consult civil society and non-governmental organizations working to combat trafficking, as well as persons and institutions with particular expertise (such as academia and certain professional categories). The Special Rapporteur will continue to consult and partner with a wide range of national and local organizations, especially during her country visits.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 66
- 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. With regard to the private sector, the key role that business actors can play in removing trafficking in persons from the supply chains is widely acknowledged.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 59
- Paragraph text
- Comprehensive assistance and support to victims and potential victims of trafficking are crucial for an effective fight against trafficking in persons on the one hand, and are instrumental to accessing justice and effective remedies on the other hand. Not all trafficked and exploited persons will be able or willing to report their exploiters or participate in legal proceedings against them. All victims should, however, be enabled to do so if they wish.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 58
- Paragraph text
- The Special Rapporteur believes that the human rights of victims of trafficking should be placed at the centre of protection measures taken to address trafficking. That includes the protection of victims from further exploitation and harm, and their access to adequate assistance, support and remedies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 57
- Paragraph text
- While the Special Rapporteur intends to accord priority to those thematic areas, she will also continue to follow up on thematic concerns addressed by her predecessors, such as the issue of trafficking for the purpose of sexual exploitation, including of children, especially as a consequence of conflicts, and in connection with labour exploitation, including domestic servitude.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 54
- Paragraph text
- With a view to preventing all forms of trafficking, the Special Rapporteur also intends to develop, through research, thematic studies and other means, an understanding of new and emerging trends in trafficking, such as the consequences and impacts that conflicts and humanitarian crises may have on trafficking, on which there is a dearth of information.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 53
- Paragraph text
- The Special Rapporteur wishes to underline that trafficking should be seen and tackled not only as a crime, but as an economic and social phenomenon, linked with global economic trends. She believes that an inclusive and holistic approach to the prevention of trafficking in persons requires addressing the systemic/underlying social factors that create vulnerabilities in victims and potential victims of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 49
- Paragraph text
- To that end, the Special Rapporteur will advocate a human rights-based and victim-centred approach to promote and protect the human rights of victims of trafficking, especially women and children, guided by international human rights law and standards, including the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 44
- Paragraph text
- In the Greater Mekong subregion, the Coordinated Mekong Ministerial Initiative against Human Trafficking, comprising six States (Cambodia, China, the Lao People's Democratic Republic, Myanmar, Thailand and Viet Nam), has been addressing trafficking issues since 2004 through subregional plans of action, task forces at various levels and other mechanisms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 38
- Paragraph text
- Within the framework of the League of Arab States, the Arab Initiative to Build National Capacities to Combat Human Trafficking in the Arab Countries was launched in March 2010 by the Council of Arab Ministers of Justice. The Initiative is aimed at combating trafficking in persons through developing the criminal justice system in Arab States, for example by the capacity-building of law-enforcement bodies, prosecutors, members of the judiciary and the media.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 33
- Paragraph text
- ILO Convention No. 189 (2011) concerning decent work for domestic workers, which entered into force in 2013, and its Recommendation No. 201 extend basic labour rights to domestic workers, including those in private households, who are without clear terms of employment, unregistered and excluded from the scope of labour legislation. It stresses States' duty of diligence in effectively eliminating child labour and sets a minimum age for domestic workers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 29
- Paragraph text
- Trafficking is a grave violation of a number of human rights, especially the right to liberty and the right not to be held in slavery or involuntary servitude, the right to be free from cruel and inhumane treatment, the right to be free from violence and the right to health. The Special Rapporteur's framework for action will be guided by existing international and regional human rights instruments and principles relating to trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 27
- Paragraph text
- The notion of social inclusion of victims of trafficking is a well-established element in the context of integration/reintegration of victims in the country of destination or in their home country. The social inclusion of victims of trafficking prevents their further victimization and is also a preventive measure against retrafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 26
- Paragraph text
- Assistance and support measures should take into account a gendered perspective, building upon good practices in relation to the field of sexual exploitation, especially those based on solidarity and the help that women can provide to each other, and that survivors can provide to actual, potential and presumed victims of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 23
- Paragraph text
- Men and boys can also become victims of trafficking, particularly for forced labour and to a lesser extent for sexual exploitation. However, lack of awareness about the involvement of men as trafficked persons has resulted in identification failures, as well as significant discrimination against male victims, particularly in terms of access to protection and assistance (A/HRC/26/37/Add.2, para. 34).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Violence
- Personnes concernées
- Boys
- Men
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 22
- Paragraph text
- Women are significantly involved in trafficking in persons, both as victims and offenders. Data regarding women are among the most interesting findings in the UNODC Global Report on Trafficking in Persons 2014, which confirms that women and girls are disproportionately exploited not only for the purposes of sexual but also labour exploitation. In some regions, such as in South and East Asia, in Africa and the Middle East, women are even the majority of people exploited as forced labour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 18
- Paragraph text
- Trafficking of children is on the increase globally, with girls being affected the most. The recently released Global Report on Trafficking in Persons 2014 also notes significant regional differences concerning child trafficking, with children comprising a majority of detected victims of trafficking in Africa and the Middle East.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Girls
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 13
- Paragraph text
- Moreover, increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification, and lack of regular access to the labour market for asylum seekers, refugees and migrants, while rarely achieving their purpose, further contribute to an increase in the exploitation of migrants, including through trafficking (A/HRC/26/37/Add.2, para. 46).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 8
- Paragraph text
- In the age of globalization, trafficking in persons cannot be examined in isolation from the broader socioeconomic realities that drive it, nor should it be tackled only from a criminal perspective. Factors such as poverty and inequality, lack of educational opportunity and access to health care, gender discrimination, including gender-based violence, racial inequality and migration are some of the underlying factors that cause/contribute to trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Gender
- Health
- Movement
- Poverty
- Violence
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 7
- Paragraph text
- Trafficking in persons, especially women and children, is a gross human rights violation. It is also a lucrative crime that generates US$150.2 billion per year in illegal profits. The flow of trafficking in persons evolves with the changing socioeconomic realities of society and traffickers adapt their modus operandi accordingly.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 54
- Paragraph text
- Non-State actors, such as business enterprises, themselves have a role in the due diligence framework, including through a voluntary "human rights due diligence process" pursuant to the soft law "responsibility to respect" framework that applies for corporations or through international human rights obligations under certain circumstances.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 53
- Paragraph text
- In addition to the obligations of due diligence of individual States when they participate in inter-State institutions such as the international financial institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 37
- Paragraph text
- Due diligence in human rights has tended to be quite State-centric. However, increasingly in human rights, due diligence also shapes or influences the activities of inter-State and non-State entities. The transnational nature of human trafficking means that in practice States often cannot meet their due diligence obligations to prevent, investigate and punish trafficking, and assist victims, without cooperating with other countries, whether through existing mechanisms (e.g., mutual legal assistance or extradition agreements or cooperative arrangements mandated by the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime) or through new forms of cooperation that are developed to address the demands of due diligence in a specific trafficking situation. The territorial and extraterritorial application of human rights - including the due diligence principle - means that in some cases States may have concurrent, and potentially overlapping obligations of due diligence for trafficking in persons. In such cases, States should utilize all means available to coordinate and cooperate in anti-trafficking efforts in ways that are also consistent with their other obligations of international cooperation (e.g., under the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 29
- 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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 16
- Paragraph text
- The territorial and extraterritorial application of human rights means that States' due diligence obligations apply extraterritorially to those within their jurisdiction, including domestic non-State actors (e.g., corporations). These obligations apply when States exercise "effective control" either when acting individually (e.g., in unilateral military action) or as members of international or intergovernmental organizations and coalitions (e.g., in peacekeeping forces). Due diligence human rights obligations also apply in peacetime, conflict, and post-conflict situations. In practice, however, States, inter-State, and non-governmental actors often overlook trafficking in crisis situations (e.g., armed conflicts, natural disasters and protracted crises), creating significant protection gaps that leave "forms of trafficking unaddressed and victims unassisted.'' While State actors have due diligence obligations in crisis contexts, under certain circumstances, non-State actors (e.g., armed groups) will themselves be required to address international human rights, including the obligations of due diligence. For example, while non-State actors such as armed groups cannot ratify international human rights treaties, "under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights."
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 73
- Paragraph text
- At the national level. The mandate has repeatedly called on States to strengthen their implementation machinery and has sought to provide practical guidance to States on implementing a rights-based approach. Respondents to the questionnaire identified this as a key contribution of the mandate. The Special Rapporteur has consistently advocated for the establishment of national rapporteurs or equivalent mechanisms in countries that do not yet have such a position. Where they do exist (principally, at present, in Europe), independent, appropriately tasked national rapporteurs have generally played an important role in monitoring the national situation; facilitating collaboration between different agencies and between the Government and civil society; and overseeing the collection and analysis of data on the national response and on trafficking trends. Their central role was confirmed at a consultative meeting in 2013 convened by the Special Rapporteur, which brought together, for the first time, national rapporteurs, from 19 countries. A follow-up meeting is scheduled for mid-2014. Of course, the national rapporteur mechanism is just one way for States to approach the challenge of compliance. The Special Rapporteur has encouraged States to consider additional paths to this end, including the development of national plans of action against trafficking and the establishment of broad-based consultation groups to advise and support implementation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 63
- Paragraph text
- It is one thing to assert the human rights of victims of trafficking and another to specify, with a sufficient level of detail, what those rights actually are and what obligations they impose on States. That process is essential, because it is only through such certainty that it becomes possible to assess the extent to which a particular situation, initiative or response is in conformity with international human rights law. The task is made somewhat more difficult by the fact that the central international instrument relevant to trafficking, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, is not clear on the issue of the rights of victims. There are general references to human rights in the Protocol and it includes a number of obligations that may be understood as intended to protect victims. However, on its own, it makes little headway in establishing the precise nature of the entitlements of victims and how these should be met. It is also relevant to note that, when the mandate was first instituted, the international human rights system itself had not contributed substantially to clarifying the substantive content of relevant rights and obligations. While there was regular condemnation of the human rights violations associated with trafficking, the practice was rarely linked to the violation of a specific right in a specific treaty.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 62
- Paragraph text
- The past decade has been one of great development and change. With the benefit of an agreed definition of trafficking in persons, new international, regional and national laws, clearer policies and heightened political commitment, the mandate has been able to make a critical contribution at a unique moment in time. It has actively embraced and advocated for the definition of trafficking that is now enshrined in international law through the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and other instruments and is reflected in the law of many States. This approach has been instrumental in helping to expand the focus of international and national anti-trafficking efforts beyond the previous focus on trafficking for the exploitation of prostitution and contributing to greater conceptual clarity around the parameters of the definition of trafficking. In their responses to the questionnaire, a number of States and organizations highlighted the substantial contribution of the mandate to expanding the discourse around trafficking. This expansion was noted in relation to: (a) identification and exploration of different forms of exploitation related to trafficking and (b) consideration of different avenues and actors that could or should play a role in preventing or responding to trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 61
- Paragraph text
- While trafficking in persons for the removal of organs is specified as a form of exploitation related to trafficking in the international legal definition, until very recently the mandate did not deal substantively with this issue. This reflected the paucity of reliable information on the practice and uncertainty around its true extent. However, in recent years, there have been a series of reputable reports documenting systematic trafficking in persons for the removal of organs in several different regions of the world and major prosecutions in Africa and Europe. Anecdotal reports of this form of trafficking in persons were also provided to the mandate in the context of recent country visits. Consistently with the commitment of the mandate to tackling difficult, emerging and under-researched issues, the Special Rapporteur focused her attention on trafficking in persons for the removal of organs, with a view to contributing to the international conversation at a pivotal point. She reported on trafficking in persons for the removal of organs on the basis of an expert background paper, peer-reviewed by an informal group of transplant specialists, ethicists and researchers. (A/68/256).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 48
- Paragraph text
- Applicable legal framework. One of the main purposes of the work of the Special Rapporteur on effective remedies for victims has been to help clarify the relevant legal framework and by so doing, to provide guidance to practitioners and help address the substantial gap between the provisions of international law in this area and what happens in practice. In her report to the General Assembly on the issue, the Special Rapporteur referred to the established legal doctrine requiring a State to remedy a wrong where an act or omission is attributable to that State and constitutes a breach of its obligations (A/66/283, para. 12). While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis. 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. Its essence is captured in principle 1 of the draft basic principles on the right to an effective remedy for trafficked persons: "Trafficked persons as victims of human rights violations have the right to an effective remedy for harms committed against them."
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 47
- Paragraph text
- From the inception of the mandate, both the Special Rapporteurs have clearly affirmed the right of victims of trafficking to access remedies for the harms committed against them. In country reports, both mandate holders have consistently examined the extent to which this right is protected by law and realized in practice. This has revealed that trafficked persons are frequently left without remedies or the support necessary to access them, a situation that exacerbates the risk of further human rights violations including through retrafficking. It was on the basis of insights gained through her country visits and information received through other activities, including her assessment of regional response mechanisms, that the Special Rapporteur decided to make effective remedies for victims the subject of more systematic and detailed attention. To that end she organized an expert consultation in 2010 that was followed by an online discussion forum and an interactive dialogue held during the seventeenth session of the Human Rights Council in the context of her thematic reports on the subject (A/HRC/17/35 and A/66/28). Regional consultations were held during 2013 and early 2014 to disseminate, discuss and refine a set of draft basic principles on the right to an effective remedy for trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 42
- Paragraph text
- Both mandate holders have taken a strongly thematic approach to their work, actively seeking to identify cross-cutting concerns and aspects and manifestations of trafficking that are highly relevant to all States and have not yet been subject to detailed consideration. This is especially appropriate given that trafficking, as now understood, is a new issue for many Governments and for the international community as a whole. In the present section, the Special Rapporteur has identified five areas of the work that have emerged as major themes of importance to the anti-trafficking movement as a whole, namely: (a) the right of victims to assistance, protection and support; (b) the right of victims to remedies; (c) human rights in the criminal justice response; (d) the prevention of trafficking - identifying the core strategies; and (e) trafficking in persons for the removal of organs. Some of these have been regularly considered throughout the mandate in the context of annual reporting and/or country visits. Others have been subject to separate, detailed consideration. It should be noted that the breadth of the work of the Special Rapporteur is considerable and the present report does not include all substantive areas dealt with by the mandate holders.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 37
- Paragraph text
- A human rights-based approach has been integral to the mandate since its inception in recognition of the fact that responses to trafficking have not always been grounded in the firm foundations provided by human rights. The Special Rapporteur has consistently maintained that prioritizing other concerns, such as crime prevention and migration control over human rights, distorts the nature of the problem and obscures the most important and effective solutions. The two fundamental principles of a human rights approach were set out by the first mandate holder in her first report and they continue to guide the work of the mandate. They are first, that the human rights of trafficked persons must be at the centre of all efforts to combat trafficking and to protect, assist and provide redress to those affected by trafficking; and second, that anti-trafficking measures should not adversely affect the human rights and dignity of the persons concerned (E/CN.4/2005/71, para. 11). The current mandate holder has actively sought to develop the concept further, for example by showing how consultation with those who will be or have been affected by potential anti-trafficking measures is essential to a human rights approach to trafficking (A/HRC/23/48, para. 76).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 28
- Paragraph text
- Thematic studies and reports. Thematic studies have been a major focus of the work of the Special Rapporteur, enabling the mandate to make substantial and (according to the responses to the questionnaire) highly appreciated contributions to poorly understood or new areas of concern. The topics for study have been carefully chosen on the basis of their relative importance and urgency, as well as the capacity of the Special Rapporteur to make a contribution to shaping international standards and promoting awareness in the chosen area. Issues covered in this way have included measures to discourage demand (2006 and 2013); trafficking for forced marriage (2007); victim identification, protection and assistance (2009); regional and subregional cooperation in promoting a human rights-based approach to trafficking (2010); prevention of trafficking (2010); the right to an effective remedy for trafficked persons (2011); the administration of criminal justice in the cases of trafficked persons (2012); trafficking in supply chains (2012); and trafficking in persons for the removal of organs (2013). In accordance with the mandate issued by the Human Rights Council, particular emphasis has been placed on developing practical solutions to the issues under consideration.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 16
- Paragraph text
- In its decision 2004/110, the Commission on Human Rights appointed a Special Rapporteur "whose mandate will focus on the human rights aspects of the victims of trafficking in persons, especially women and children". In the same decision, the Commission invited the Special Rapporteur to submit annual reports, including recommendations on measures required to uphold and protect the human rights of victims. The Special Rapporteur was further requested to respond effectively to reliable information on possible human rights violations, with a view to protecting the human rights of actual or potential victims of trafficking and to cooperate with relevant United Nations bodies, regional organizations and victims and their representatives. The establishment of the position of Special Rapporteur, with an explicit mandate to address the human rights aspects of trafficking, proved to be a critical circuit-breaker, affirming on behalf of the international community two key principles: first, that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking; and second, that anti-trafficking measures should not adversely affect the human rights and dignity of all persons concerned.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 14
- Paragraph text
- The mandate has received valuable support from a wide range of stakeholders and partners, including States, United Nations agencies and international organizations, academic institutions and non-governmental organizations (NGOs). The Special Rapporteur is grateful to all of them for their important contributions in the form of expertise, research and other types of support. She appreciates the efforts of States to reply to the questionnaires sent to them and their cooperation prior to, during and after country visits throughout the 10 years of the mandate. A number of independent experts have developed background papers and other materials in the context of the thematic studies of the Special Rapporteur. In 2011, a human trafficking research panel was established at Oxford and Cambridge Universities to support the work of the mandate by providing assistance on background research; it has made a substantial contribution to the work of the Special Rapporteur. Others who have provided substantive support include the international human rights clinic at Duke University School of Law and the African Women's Development Fund. The Special Rapporteur expresses her thanks to those mentioned and the many others who have provided the mandate with invaluable and much appreciated assistance over the past decade.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 46
- Paragraph text
- Furthermore, an assessment of the extent to which a situation, initiative or response is in conformity with international human rights law is possible if the human rights of victims of trafficking can be asserted with a sufficient level of detail by specifying what those rights actually are and what obligations they impose upon States. That task is made somewhat more difficult by the fact that the central international instrument relevant to trafficking, the Palermo Protocol, is not clear on the issue of the rights of victims. There are general references to human rights in the Protocol and it includes a number of obligations that may be understood as intended to protect victims. However, on its own, it makes little headway in establishing the precise nature of the entitlements of victims and how they should be satisfied. It is also relevant to note that when the mandate was first instituted, the international human rights system itself had not contributed substantially to clarifying the substantive content of the relevant rights and obligations. While there was regular condemnation of the human rights violations associated with trafficking, the practice was rarely linked to the violation of a specific right in a specific treaty. Throughout all aspects of their work, from country missions to thematic studies, the mandate holders have helped to confirm and promote awareness of those important rights and provided greater clarity regarding the rights of victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 23
- Paragraph text
- With regard to national rapporteurs and equivalent mechanisms, the Special Rapporteur wishes to mention specifically the outcomes of the two consultative meetings she convened in 2013 and 2014 in order to foster partnerships and enhance collaboration, in fulfilment of General Assembly resolutions 59/166, 61/144, 63/156, 64/293, 68/186 and 68/192 and in follow-up to reports to the Human Rights Council by the Special Rapporteur and to the Economic and Social Council by the High Commissioner for Human Rights (see, for example, E/2002/68/Add.1, A/HRC/10/16 and Corr. 1 and A/HRC/26/37/Add.1) and directives of the European Union, including directive 12011/36EU. According to statements made by participants at the twenty-sixth session of the Human Rights Council and the responses to a questionnaire sent out by the Special Rapporteur, those outcomes were highly appreciated. The establishment of an informal network of such mechanisms from all over the world in order to address trafficking in persons consistently, exchange information and best practices and build on different national experiences was one of the main outcomes of those meetings. Other recommendations included the need for a global baseline study in order to better understand the roles of national rapporteurs and equivalent mechanisms and provide guidance for their work.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 85h
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] States should seek the views of representatives of any particular group of people who would potentially be affected by measures to prevent human trafficking in a significant way and take these views into account when designing measures to discourage demand. Seeking the views of such people means collecting relevant information from people who, on account of their experience, are likely to be well-informed about the shortcomings, gaps or unintended consequences of existing policies and practices. In particular, as highlighted by the Committee on the Rights of the Child, States have a responsibility to listen to and take into account the views of children who may be impacted by any measures to discourage demand.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 85e
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] Measures to discourage demand should conform with general principles associated with the rule of law, i.e., should not make it an offence to commit an act (including purchasing a particular service or produce) in circumstances in which the purchaser could not reasonably be expected to be aware that he or she was committing an offence, for example if a particular product or service is made or provided by someone who has been trafficked, unless there is evidence that the purchaser was negligent. This means that States should publicize any changes in the law that make it an offence to purchase certain types of services or products made or provided by people who have been trafficked, and provide unambiguous information to potential purchasers about such services or products;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 85d
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] It is necessary to put regulatory and supervisory mechanisms in place whenever they encourage or facilitate any forms of labour migration, as the absence of such mechanisms has had the effect of facilitating trafficking in persons. Legislation is required to protect anyone who, in the absence of appropriate protection, can be exploited with relative ease (such as migrant workers in general, child workers,particularly those below the minimum age for admission to employment) and anyone working outside a formal or regulated workplace (such as migrant domestic workers and other migrants, particularly women, who work in unregulated or informal workplaces). Legislation may also be required to ensure that any places where trafficked persons may be deployed to work or earn money, including informal workplaces or settings, are subject to the rule of law and can be checked by law enforcement officials, if necessary;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 77
- Paragraph text
- A report by the Global Alliance against Traffic in Women states that "a human rights approach to trafficking is empty and meaningless if it does not place at the very core the voice and agency of trafficked and migrant women". Whilst measures to address demand must evidently also include consultation with men and children, a human rights-based approach to human trafficking must foreground the rights and wellbeing of those who have been trafficked, placing them and their views at the centre of discussions around measures to discourage demand. Genuine inclusion of the views and voices of those who have been trafficked assists in developing a proportionate response and reflecting the rights and desires of victims, as well as the inherent complexity of the issue. A consultative approach encourages the implementation of strategies focusing on the potential impact on such individuals, in keeping with international human rights principles around human trafficking. As the High Commissioner for Human Rights noted, a human rights-based approach "requires us to consider, at each and every stage, the impact that a law, policy, practice or measure may have on persons who have been trafficked and persons who are vulnerable to being trafficked".
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 72
- Paragraph text
- Principle 3 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking highlights the potential for negative interaction between established rights and new measures to address trafficking. The commentary on the Recommended Principles and Guidelines stresses, in relation to the responses of States to human trafficking, that "human rights law also confirms that States cannot violate non-discrimination principles or norms protecting economic, social and cultural?rights when developing or implementing their response to trafficking". Principle 3 also mentions particularly the rights of those in potentially vulnerable situations due to immigration status, stating: "Anti-trafficking measures shall not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, and of migrants, internally displaced persons, refugees and asylum-seekers." It makes explicit a responsibility to extend the principle of proportionality to all people, regardless of citizenship of immigration status.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 71
- Paragraph text
- The campaign alleging forced child labour in the cultivation of cocoa in one or more West African countries deserves particular mention, as several publications have reported that children have been trafficked for the purpose of subjecting them to forced labour working on cocoa farms. Following publicity in the media at the end of 2000 and again in April 2001 that children from within the region were being trafficked into slave labour or forced labour on cocoa farms, the Chocolate Manufacturers Association convened a meeting of those it considered to be key stakeholders. In September 2001 these stakeholders signed the Protocol for the Growing and Processing of Cocoa Beans and their Derivative Products in a Manner that Complies with ILO Convention 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Nevertheless, in 2012 the news agency CNN widely documented and reported cases of trafficked children still working in cocoa farms in the West African region as part of its year-long campaign, the Freedom Project on ending human trafficking and modern-day slavery.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 53
- Paragraph text
- The Special Rapporteur has noted that leaving the labour market to regulate itself in circumstances where substantial numbers of people are exposed to exploitation, in informal, unprotected and low-status income-generating activities, creates a vacuum in the rule of law, which is likely to be filled by unprincipled employers and criminals. Evidence to support this hypothesis is available from several regions where trafficking in persons and the exploitation of persons have been reported as disproportionately high in the sectors of the economy that have been established relatively recently, where there is a lack of established procedures for collective bargaining, or that, for various reasons, have escaped the scrutiny of labour inspectors or other law enforcement officials. Recent examples of emerging sectors in which trafficking in persons and exploitation of persons have been reported include the garment industry, mushroom and other agricultural production in various parts of Europe, and the picking of wild berries for the cosmetic industry.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 50
- Paragraph text
- Another example, as highlighted by the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is the experience of Brazil, where to address the pattern of exploitation known as "slave labour" in farming industry the Government initiated a series of measures, including the launching of 2005 National Pact for the Eradication of Slave Labour, which businesses were encouraged to join. The Pact was supplemented by a code of conduct that all signatories of the Pact are required to respect. That Special Rapporteur has recommended that the National Pact be extended to cover the textile industry of Brazil, as cases of forced labour have also been found there (A/HRC/15/20/Add.4, para. 123). By 2011, the Pact's website reported that it had been backed by more than 220 businesses, business organizations or civil society organizations, with a collective turnover worth more than 20 per cent of country's gross domestic product. Nevertheless, despite evidence that numerous companies have stopped doing business with suppliers on the basis of their commitments under the Pact, there has been a notable lack of engagement by companies whose business focuses on some of the commodities linked most closely with slave labour, such as cattle-ranching and the production of beef, soya and cotton.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 47
- Paragraph text
- Some businesses are reported to have taken a series of measures to discourage child labour in general and the commercial sexual exploitation of children in particular. Businesses and other organizations which buy services or products from others can take a wide range of measures to discourage demand for the exploitation of persons, both in terms of discouraging any demand that they potentially create themselves (for example, when seeking to lower their production costs by cutting wages) and discouraging demand by others with whom they do business. Many of these are voluntary commitments (including some which involve a business entering into legally binding commitments with other businesses in its supply or product chain). Commitments routinely take the form of codes of conduct (with which businesses require their suppliers to comply) or procurement policies. A few of them focus on stopping human trafficking, but many more mention specific forms of exploitation, such as forced labour or child labour, alongside other corporate social responsibility commitments. Some are accompanied by compliance or verification procedures designed to check that commitments are being respected by all involved, but the independence and quality of such checks varies, raising questions about the effectiveness of such commitments.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 42
- Paragraph text
- Educational measures involve providing information to students in schools or higher education, about trafficking in persons and about equality between women and men. States have also supported awareness-raising initiatives to inform the general public or particular audiences. Some public information is about trafficking in persons in general, while some focuses more specifically on the risk that the purchase of certain services (particularly sexual services) or products will contribute to the exploitation of people who have been trafficked, so the intention of providing information is to influence the spending decisions of those who receive information. For information to be effective in discouraging demand, it needs to be provided to specific audiences which have been identified as constituting a demand factor or being able to influence demand, with the content of the information being tailored to have the intended influence. During the Special Rapporteur's country visits, she has heard of examples in which information has not been well-designed or targeted (and has therefore not had the desired effect). She has concluded that people who have been trafficked should routinely be consulted in the design, monitoring and evaluation of such efforts.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 40
- Paragraph text
- In the course of her country visits and from other sources, the Special Rapporteur has heard about a variety of other measures taken by States to discourage demand. She has learned that the measures needed to address direct and derived demand are usually different. In the case of direct demand (which inherently seeks the services of individuals who have been trafficked), legislative or other measures that have a direct influence on purchasers' decisions are appropriate. However, when only some of the identical services or products available to purchasers have involved the exploitation of persons, a different approach is appropriate: one which moves the focus from final purchasers onto whoever makes key purchasing decisions earlier in the supply chain and is in a position to discern which services or products involve human trafficking and which do not. This approach, which seeks to influence the purchasing decisions of such intermediaries by legislation or other measures, often introduces an element of regulation into the supply of services or products. Other States have adopted legislation or policy to regulate recruitment and employment in sectors where, in the absence of such regulation, trafficking is deemed likely to occur.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 30
- Paragraph text
- Several provisions are also included in the Council of Europe Convention on Action against Trafficking in Human Beings. For instance, its article 6 provides that: To discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking, each Party shall adopt or strengthen legislative, administrative, educational, social, cultural or other measures including: a research on best practices, methods and strategies; b raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings; c target information campaigns involving, as appropriate, inter alia, public authorities and policy makers; d preventive measures, including educational programmes for boys and girls during their schooling, which stress the unacceptable nature of discrimination based on sex, and its disastrous consequences, the importance of gender equality and the dignity and integrity of every human being.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Women
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 28
- Paragraph text
- A number of regional legal instruments include provisions on discouraging demand. Article 5 of the Charter of Fundamental Rights of the European Union specifically prohibits trafficking in human beings. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims includes specific provisions on discouraging demand. Furthermore, article 18, paragraph 1, of the Directive provides that "Member States shall take appropriate measures, such as education and training, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings", and article 18, paragraph 4, says that "in order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall consider taking measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2."
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 27
- Paragraph text
- The responsibilities of States with respect to the activities of businesses operating in their territory and/or jurisdiction were summarized in 2011 in the Guiding Principles on Business and Human Rights (A/HRC/17/31), developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. They point out what States are required to do the necessary to ensure that what is called a "foundational principle" is respected: this requires that "States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations" (principle 2). It also stipulates that States should, inter alia, "provide effective guidance to business enterprises on how to respect human rights throughout their operations" and "encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts" (operational principle 3 (c) and (d)).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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. 24
- Paragraph text
- The United Nations Global Plan of Action to Combat Trafficking in Persons includes several provisions suggesting that action be taken to discourage demand, including one referring to the need for "specific measures at national level to combat trafficking for labour exploitation and strive to educate consumers on those measures" (art. 22).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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'.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 99
- Paragraph text
- The international human rights system, including the treaty bodies, should be encouraged to take up the issue of trafficking in persons for the removal of organs where this is warranted. In this regard, it is important to ensure that the laws, policies and practices of countries of demand and of countries of supply are subject to examination from the perspective of international human rights laws.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 96
- Paragraph text
- States should institute systems to collect information about trafficking in persons for the removal of organs and to share that information with other States and the international community. They should actively support innovative efforts by professional bodies and civil society to improve current understanding of the nature and extent of trafficking in persons for the removal of organs.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 95
- Paragraph text
- Longer-term prevention strategies, including strategies to promote altruistic organ donation and ensure national self-sufficiency, should be developed within a strong human rights framework and with full attention paid to the need to avoid exploitation of all persons, including those who are especially vulnerable as a result of their economic and/or social situation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Health
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 94
- Paragraph text
- States should continue to reject all forms and avenues of commercialization of transplantation as a means of addressing demand-fuelled exploitation on the grounds of human rights concerns, including threats to basic principles of equality and non-discrimination.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 89
- Paragraph text
- States should review current mechanisms and procedures for investigating and prosecuting cases of trafficking in persons with a view to determining their suitability for cases of trafficking in persons for the removal of organs and the need for any adaptation. This should include a review of mechanisms and procedures for supporting the involvement of victims as witnesses.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 88
- Paragraph text
- All States, including States of demand, have an international legal obligation to investigate and prosecute cases of trafficking in persons for the removal of organs with due diligence. To discharge this obligation, States must ensure that their criminal justice agencies are aware of the issue and that they have the capacity and resources to respond effectively thereto.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 86
- Paragraph text
- States should ensure that victims of trafficking in persons for the removal of organs have a legally enforceable right of access to remedies for the crimes and human rights violations that they have suffered. Remedies should reflect the nature and impact of the harm that has been committed against victims, including health-care costs and the long-term negative impact on their capacity to earn a living.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 84
- Paragraph text
- States should ensure that victims of trafficking in persons for the removal of organs are not prosecuted or punished for offences that relate to their having been trafficked, such as violation of laws relating to sale of organs.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 83
- Paragraph text
- States should support the development of civil society capacity to work with and support victims of trafficking in persons for the removal of organs, including with regard to meeting longer-term needs for employment and medical care.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 77
- Paragraph text
- All States, in particular countries of "demand", should ensure that funding of, or reimbursement for, the costs of transplant tourism (whether by private health insurers, public health funds or travel insurers) is prohibited.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Movement
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 63
- Paragraph text
- A survey of the legal and policy environment surrounding trafficking in persons for the removal of organs confirms that a lack of clarity around some key questions is hampering progress in efforts to combat this particularly egregious human rights violation. Most significantly, the Special Rapporteur has concluded that the distinction between trafficking in persons for removal of organs and trafficking in organs is generally unhelpful. Certainly, there is an urgent need to ensure that laws on trafficking in persons for the removal of organs are supplemented by the effective criminalization of all related offences that may be implicated in such cases but that may not readily or easily fall within the three-element umbrella definition of trafficking in persons. To that extent, the draft Council of Europe convention against trafficking in human organs represents a potentially important contribution to fleshing out the legal framework around trafficking in persons for the removal of organs and ensuring that all persons complicit in such offences do not escape liability. Case-based experience confirms, however, that the trade in organs is inextricably linked to actions against individuals aimed at their exploitation. There lies great danger in removing the individual victim from this picture by separating out the concept of trafficking in organs from the concept of trafficking in persons for the removal of organs.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 57
- Paragraph text
- It is one thing to recognize a right to a remedy and quite another to ensure access to that right. The very low rate of victim identification in cases of trafficking in persons for the removal of organs means that the overwhelming number of persons who have suffered this harm will never be able to gain access to their legal entitlement to a remedy. The first and primary responsibility of States must therefore be to work towards ensuring that victims of trafficking in persons for the removal of organs are swiftly and accurately identified. Even for victims who are identified as such, however, obstacles to access to remedies are likely to be formidable. For example, many victims who have travelled to another country for surgery will not be identified until after they have returned, rendering it extremely difficult to secure restitution or compensation from or through the country in which the exploitation occurred. Such difficulties can be compounded by the fact that most victims are disempowered through poverty and illiteracy. Measures such as providing access to information and legal assistance, in addition to cross-border cooperation in relation to legal processes, will be crucial to making effective the right to a remedy for victims of trafficking in persons for the removal of organs.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 50
- Paragraph text
- The legal framework around trafficking in persons can also be effectively leveraged to tackle the phenomenon of transplant tourism by extending the jurisdictional reach of national criminal laws. While a State party to the Trafficking in Persons Protocol is required to exercise jurisdiction over trafficking in persons for the removal of organs when the offence is committed in its territory (see art. 15 (1) of the United Nations Convention against Transnational Organized Crime), it may choose to extend that jurisdiction to situations where the offence is committed outside its territory against or by one of its nationals (see art. 15 (2)). Other central obligations that derive from both the Protocol and the Convention include an obligation to provide appropriate assistance to and protection of victims, including measures for physical, psychological and social recovery (art. 6); an obligation to establish policies, programmes and other measures to prevent and combat trafficking and protect victims (art. 9); an obligation of cross-border cooperation between law enforcement agencies and an obligation on States to strengthen capacity for such cooperation (art. 10); and an obligation to strengthen border controls to prevent and detect trafficking in persons for the removal of organs (art. 11).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 44
- Paragraph text
- Regulation of live organ donation. It is well established that trafficking in persons for the removal of organs is often disguised as altruistic donation. Many countries that operate a live donor programme based on altruism stipulate that there must be some form of relationship between the donor and the recipient. For example, in India, the Transplantation of Human Organs Act of 1994 allows, under section 9 (3), donations of organs between unrelated donors "by reason of affection or attachment towards the recipient". This is judged by one of several authorization committees, which include physicians, academics and people with "high integrity, social standing and credibility", as stated in section 6 of the Transplantation of Human Organs Rules, adopted in 1995. In Greece, a law on organ transplants passed in 2011 further broadened the scope of living donors to include "any person with which the patient has a personal relationship and is emotionally connected". Judicial permission is necessary in this case, and the judge must confirm "the validity and depth" of the relationship between donor and patient to ensure that the donation is truly altruistic. In Germany, article 8 (1) of the Transplantation Act of 1997 permits live organ donations only between family members with "an extremely close degree of kinship".
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 41
- Paragraph text
- Prohibition of transplant tourism. While the sale and purchase of organs is almost universally prohibited, these laws typically apply only to, or are enforced only in respect of, conduct within the territory or under the jurisdiction of the legislating State. In some countries, this is because the laws themselves do not extend to extraterritorial conduct. In other countries, criminal jurisdiction may, in principle, extend to the conduct of a national abroad but is rarely, if ever, applied in this way. The result is similar in both situations: recipients of illicitly obtained organs are almost never prosecuted by their country of origin or indeed by any other country. The importance of attaching extraterritorial provisions to national laws has been noted and bills to this effect have been put before parliaments in several countries. Prohibition of transplant commercialism in countries of destination will generally amount to a ban on transplant tourism. Some countries of destination have put in place additional legislative measures aimed at combating transplant tourism (for example, restricting participation in official transplantation programmes to nationals). The imposition of such a measure in the Philippines is reported to have cut off a critical link to a transplant tourism market based on poverty and corruption and shifted government attention to preventing kidney disease and encouraging deceased donations (see A/HRC/23/48/Add.3).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 33
- Paragraph text
- The Transplantation Society, an international non-governmental organization composed of physicians, surgeons and scientists involved in organ transplantation, has consistently opposed the commercialization of such procedures and issued a number of important statements on ethical issues around organ transplantation. In 2008, the Transplantation Society and the International Society of Nephrology developed a professional code of practice aimed at improving the quality and availability of organ transplantation while also addressing the key ethical issues facing practitioners. The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, adopted at an international summit on transplant tourism and organ trafficking convened by the Transplantation Society and the International Society of Nephrology in Istanbul, Turkey, from 30 April to 2 May 2008, has exerted significant influence over responses at the national, regional and international levels. The language of the Declaration is unequivocal with regard to trafficking in persons for the removal of organs, stating in its principle 6 that "organ trafficking and transplant tourism violate the principles of equity, justice and respect for human dignity and should be prohibited". It goes on to affirm that transplant commercialism should be prohibited because it "targets impoverished and otherwise vulnerable donors [and] leads inexorably to inequity and injustice".
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 31
- Paragraph text
- A very different picture of organ "trade" involves the harvesting by the State of organs of persons who have been or are being executed. Allegations of such practices have been levelled at a number of countries, including in East Asia, from where consistent and credible evidence has emerged.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 28
- Paragraph text
- Some 100 illegal kidney transplants were allegedly performed at a hospital in an African country from 2001 to 2003; most of the recipients came from the Middle East. The organs were sourced from persons from Eastern Europe and South America. Investigations revealed the existence of an international organ trafficking syndicate and brought into public view a long-standing and flourishing transplant tourism business.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Violence
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 26
- Paragraph text
- While persons travelling abroad to receive purchased organs come from many countries and from all regions of the world, "a heavier reliance on overseas transplantation and transplant tourism is believed to exist in Asia and the Middle East than in other regions". Recently, some countries have been identified as organ-importing, or "demand", countries in which criminal prosecutions for trafficking in persons for the removal of organs have been initiated.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Movement
- Violence
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 22
- Paragraph text
- Available information on trafficking in persons for the removal of organs is incomplete and often unverified. Scholarly research in this area is not yet well developed and anecdotal reports from civil society organizations and the media remain the primary source of information. Part of the problem lies in the clandestine nature of the trafficking. Even more so than other forms of trafficking in persons, those involved in trafficking in persons for the removal of organs (including victims) have very little incentive to come forward to researchers and criminal justice authorities with information and evidence. Victims are also unlikely to be identified through the multitude of channels that are now used to identify other victims of trafficking such as those subject to forced labour or sexual exploitation. Health-care providers who end up treating persons who have obtained organs abroad may be inhibited from sharing information with the authorities owing to concerns over patient privacy, their own obligations of confidentiality, uncertainty as to whether any laws have been breached or, indeed, their own complicity in the arrangement. Furthermore, definitional problems and confusion contribute to poor reporting and analysis and render comparisons between countries and between transplantation practices extremely difficult.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Violence
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Violence
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 99
- Paragraph text
- States are urged to disaggregate data on prosecution for trafficking offences by sex, age, year, nationality of convicted persons, form of exploitation, sanctions/penalties and terms of imprisonment, as well as other indicators that would assist in gathering intelligence on understanding the phenomenon of trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 96
- Paragraph text
- Training is an important component of anti-trafficking strategies, and the development of specialized anti-trafficking units may assist States to strengthen capacity to investigate and prosecute trafficking. Such units must be bound by clear mandates to address anti-trafficking matters, and be adequately equipped and funded.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 94
- Paragraph text
- In addition, judges and lawyers involved in trafficking cases should be trained to recognize the sensitive nature of trafficking cases, and be provided with tools to ensure effective and respectful trials, especially to protect victims of sex trafficking and to speed up the access of victims to justice.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 92
- Paragraph text
- States should protect the safety and well-being of victim-witnesses, in particular in view of the fact that victims may be subject to threats or reprisal from traffickers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 91
- Paragraph text
- Victims of trafficking are legally entitled to take an active and meaningful role in efforts to convict their exploiters, and should be supported to that end. This would therefore require the adoption of reflection and recovery periods accompanied by the provision of assistance not conditional on cooperation with the authorities.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 86
- Paragraph text
- Lastly, the Special Rapporteur notes that, since traffickers often operate on an international basis, their assets may be located in another State than the one where trafficking is organized. She therefore urges States to cooperate to develop and enforce laws on international asset recovery.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 85
- Paragraph text
- A better alternative would be for confiscated assets to be allocated specifically to programmes supporting victims of trafficking; for example, the Government of Australia has committed funds allocated under the Proceeds of Crime Act from confiscated assets of criminals to key non-governmental anti-trafficking organizations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 78
- Paragraph text
- By undermining the financial gain of traffickers, asset recovery plays an important role in the criminal justice response to trafficking. The financial information obtained in asset recovery can also serve as corroborative evidence and, by strengthening the prosecution, protect the rights of present and potential victims of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 77
- Paragraph text
- Based on the responses administered, the Special Rapporteur notes that foreign Government donors and also international organizations make important contributions through the design, implementation and evaluation of law enforcement development programmes.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 76
- Paragraph text
- The Special Rapporteur notes the important role that non-governmental organizations can play in training officials. For example, in Australia, they are invited to give presentations to investigators. In Nicaragua, Casa Allianza Nicaragua has organized workshops for both journalists and police to raise awareness about trafficking and to stress the need to protect victims and to improve investigations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 75
- Paragraph text
- The Special Rapporteur is pleased to learn that States have begun to create specialized law enforcement, prosecutorial and adjudicative units to combat trafficking. Funding and resource allocation remain important issues.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 69
- Paragraph text
- The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well as in the United States and Nigeria. The Netherlands built on the experience by providing the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with training and technical assistance for detectives, prosecutors and border police. Another example of cross-border collaboration can be seen in Rwanda, whose national police Aanti-trafficking unit has collaborated with police in Burundi to rescue victims. In addition, Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train law enforcement officials, including by sending them abroad.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 65
- Paragraph text
- The strength of criminal justice responses to trafficking are partly reflected by the incorporation of internationally accepted procedural guarantees for the accused. The provision of protection and support for victims must be balanced against respect for the rights of those accused of trafficking crimes. Failure to provide for the rights of the accused could compromise the integrity of proceedings and undermine trust in the justice process.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 62
- Paragraph text
- In Pakistan, the Federal Investigation Agency has set up specialized anti-trafficking units. India has also developed anti-human trafficking units in a number of its police departments designed to investigate trafficking cases. While reports have indicated that many of the units lack resources, India has earmarked funding to establish new ones as part of its efforts to strengthen its national law enforcement response.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 49
- Paragraph text
- The conclusion of memorandums of understanding laying out cooperation mechanisms and delineating roles and responsibilities between criminal justice agencies and victim service agencies has been one way to foster understanding and increase communication. Various provinces in Thailand have adopted internal memorandums signed by Government officials, the Royal Thai Police and victim support agencies. The memorandums clarify the roles and responsibilities of each entity, elucidate working principles and definitions, and are intended to introduce systems to improve the working relationship between the parties. In the Republic of Moldova, a memorandum of understanding was signed by the Ministry of Internal Affairs, the General Prosecutor's Office, the Ministry of Social Protection, IOM and a number of non-governmental organizations and service providers. As a result, the organizations and other service providers in the country offer an array of services for victims, including medical and legal assistance, case monitoring, special assistance for children and services to help with re-integration, such as vocational training, employment counselling, grants for business development and social welfare assistance.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 48
- Paragraph text
- It should also be acknowledged, however, that there are limits to the services that victim support agencies may be able to provide. States remain responsible for ensuring the well-being of victims, and it is important that they are cognizant of the mandates, resources and capacity of non-governmental organizations and victim service providers to administer necessary assistance to victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 47
- Paragraph text
- Partnerships may suffer, however, if there is a lack of trust between criminal justice agencies and victim support agencies, in particular if those supporting victims are not provided adequate funding, not trusted to participate in legal processes, or excluded from anti-trafficking efforts. Where such relationships are properly developed, however, the results can be very fruitful.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 45
- Paragraph text
- Numerous international legal and policy instruments agree that any effective anti-trafficking effort must involve close collaboration between criminal justice agencies and victim support agencies, including non-governmental organizations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 39
- Paragraph text
- There is growing recognition for the need to provide victims of human trafficking with support services, which, however, must be designed and delivered in a manner that is compatible with a human rights-based approach.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 35
- Paragraph text
- In response to Special Rapporteur's questionnaire on specific actions taken by Governments to facilitate quick and accurate identification of trafficking victims, numerous responses, in particular from Estonia, Finland, Georgia, Germany, Japan, Lithuania, Malta, the Netherlands, Romania, and Sweden, indicated that task force or agencies coordinating in country anti-trafficking work have organized specialized training sessions to enhance the capacity of front-line officers, especially the police, immigration, border guards and labour inspectors, to identify actual and potential trafficking victims and to make referrals to appropriate services. Most of the sessions were carried out in collaboration and/or with funding from international organizations, including IOM, ILO, UNODC, the European Union, the United States Agency for International Development, the Asia Regional Trafficking in Persons Project and the Swedish International Development Cooperation Agency. Some Governments have gone even further to develop national referral mechanisms, standard operating procedures or brochures, manuals, handbooks and/or other tool kits to build capacity and raise awareness to facilitate rapid and accurate identification of victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 34
- Paragraph text
- Police are often at the forefront when identifying victims, and thus play a critical role in this process. While they may be experienced in law enforcement in general, they may not have specific expertise in trafficking in persons; for this reason, the Special Rapporteur highlights the importance of ensuring that they are given appropriate training to identify victims of trafficking accurately and with sensitivity.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 33
- Paragraph text
- Indicators, including those developed by the International Labour Organization (ILO), the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC) are increasingly being used as a tool to identify trafficked persons. The Special Rapporteur encourages law enforcement agencies, including police and immigration, to draw on existing indicators in the identification processes.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 32
- Paragraph text
- The Special Rapporteur is aware of the fact that each victim of trafficking has a unique story and experience, which makes it difficult to create categorical rules about identification of victims. Yet while there is no one clear formula for best identifying victims, a number of examples and already existing practices may provide guidance on the issue.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 26
- Paragraph text
- There are further severe consequences of criminalizing victims. Victims who develop a criminal record may have difficulties in recovery and reintegration. In addition, the criminalization of victims is counterproductive to prosecutions because it destroys trust, retraumatizes victims and reinforces what traffickers may have told victims about law enforcement authorities.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 22
- Paragraph text
- The Special Rapporteur observes, however, that legislation is not an end in itself. Even in States with strong anti-trafficking measures, laws are sometimes not enforced or there is a lack of implementing regulations. Indeed, certain countries with strong legal platforms are sometimes described as safe havens because they do not enforce their own laws.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 21
- Paragraph text
- The information received indicated that only a minority of States do not have laws criminalizing human trafficking. For example neither Estonia nor Panama has an anti-trafficking law, although relevant cases have reportedly been prosecuted under other criminal offences. The Special Rapporteur is pleased to learn that, a bill and an amendment to the criminal code are respectively pending adoption.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 20
- Paragraph text
- In Asia, Cambodia, Indonesia, Malaysia and Viet Nam have also enacted new laws on trafficking following a thorough review of relevant national legislation. Thailand, despite not having ratified the Trafficking Protocol, defines exploitation in a manner very close to its language.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 16
- Paragraph text
- The criminalization of human trafficking is an essential aspect of any programme to combat and prevent trafficking in persons. The obligation on States to criminalize trafficking is clear; it is contained in all specialist trafficking treaties and its importance has been repeatedly confirmed through international and regional policy instruments, including by the United Nations Global Plan of Action to Combat Trafficking in Persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 15
- Paragraph text
- In the present report, the Special Rapporteur thus seeks to contribute to a better understanding of the criminal justice response to trafficking by exploring examples of good practices and analysing some of the challenges faced by States. The Special Rapporteur will draw on the responses of States to her questionnaire (annex I). She thanks the States that submitted responses to her questionnaire (annex II) for their involvement.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 14
- Paragraph text
- Over the past decade, many States have made important progress in the development of effective and rights-based criminal justice responses to trafficking that are consistent with these principles and standards. It is nevertheless important to acknowledge that both commitment and capacity vary widely, and many challenges to implementing a rights-based approach remain.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 50e
- Paragraph text
- [Furthermore, businesses should:] In cases in which human trafficking is discovered in the supply chain, cooperate with victim service providers to ensure that trafficked workers receive the necessary assistance and contribute to programmes that assist victims, such as vocational training;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 50c
- Paragraph text
- [Furthermore, businesses should:] Raise the awareness of human resources, compliance and other relevant staff of the risks of human trafficking and train them in the company's anti-trafficking policies so that they are able to identify trafficking cases and take remedial measures;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 50b
- Paragraph text
- [Furthermore, businesses should:] Conduct a risk assessment for their entire production chain and, on that basis, develop and adopt high-level, company-wide policies or strategies to eliminate risks of human trafficking in their supply chains that should apply to all enterprises in a company's product or supply chain and should be integrated into contracts and agreements with suppliers and business partners;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 50a
- Paragraph text
- [Furthermore, businesses should:] Become signatories to the Global Compact and the Athens Ethical Principles, which underscore the importance of respect for human rights by businesses and their participation in efforts to combat the menace of human trafficking in all its forms, especially in the production chain, in addition to committing themselves to abiding by the Guiding Principles on Business and Human Rights and other similar instruments;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49i
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Promote public-private partnerships and engage the business community and civil society in developing and implementing sustainable initiatives to prevent and combat human trafficking in supply chains, in addition to actively involving trafficked persons in designing, implementing and monitoring such initiatives.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49h
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Provide training to media representatives so that they disseminate accurate information about trafficking in supply chains and use appropriate language in reporting;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49g
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Consider adopting laws that facilitate consumer pressure by requiring public disclosure of information about measures that companies have taken to prevent and combat human trafficking in supply chains;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49f
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Develop laws, programmes and initiatives that motivate businesses to proactively comply with their responsibility to prevent and combat trafficking in persons, such as tax incentives, product certification and labelling;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49e
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Consider strengthening businesses' compliance with laws by adopting initiatives that allow the naming and shaming of those businesses that engage in trafficking and applying financial penalties to such businesses;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49d
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Create opportunities for regular labour migration and actively seek to adopt bilateral and multilateral agreements in that regard, in particular for low-skilled and semi-skilled labour;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49c
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Strengthen the enforcement of labour laws and, in particular, specifically mandate and train labour inspectors to identify victims of trafficking during labour inspections, in addition to allocating resources to labour inspectors so that they have the capacity to inspect small or informal establishments where trafficked persons are likely to be employed;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 49b
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Ensure the effective enforcement of relevant laws by, among other things, intensifying capacity-building and training for all relevant stakeholders, including the police, immigration authorities, border patrol officials, labour inspectors, judges and prosecutors;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 26
- Paragraph text
- The business responsibility to respect human rights requires that businesses not only avoid causing or contributing to adverse human rights impacts through their own activities, but also seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts (principle 13). To meet this responsibility, businesses are encouraged to have in place appropriate policies and processes, including a policy commitment to respect human rights, a human rights due-diligence process and processes to enable the remediation of any adverse human rights impacts that they cause or to which they contribute (principle 15). The Guiding Principles acknowledge that, where the adverse human rights impact is directly linked to the business operations, products or services by its business relationship with another entity, it is more complex to delineate the content of the responsibility to respect human rights, and what constitutes appropriate action may vary according to the enterprise's leverage over the entity concerned, how crucial the relationship is to the enterprise, the severity of the abuse and whether terminating the relationship with the entity itself would have adverse human rights consequences (principle 19).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 22
- Paragraph text
- Furthermore, the exposure of risks of human trafficking in supply chains has led to the introduction of laws in some home States requiring disclosure of specific information to scrutinize the efforts of the private sector in preventing and combating human trafficking. In the United States, the California Transparency in Supply Chains Act, which came into effect on 1 January 2012, requires every retailer and manufacturer with annual worldwide revenues in excess of $100 million to disclose on its website information about its efforts to eradicate slavery and human trafficking from its direct supply chain (sect. 3 (a) (1)). The disclosure must include information about the extent to which the seller or manufacturer engages in verification of product supply chains, conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains, requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business, maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking, and provides company employees and management with training on human trafficking and slavery (sect. 3 (c)). Failure to disclose this information by 30 November 2012 may result in legal actions brought by the Attorney General of California.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 15
- Paragraph text
- Regional instruments also provide for State obligations to prevent and combat trafficking in persons. Perhaps the most comprehensive regional instrument is the Council of Europe Convention on Action against Trafficking in Human Beings, under which States parties are required not only to adopt legislative or other measures to criminalize trafficking in persons but also to ensure that a legal person can be held liable for trafficking and other related acts (art. 22). Also relevant to the issue of trafficking in supply chains is article 19, under which States parties are required to consider adopting such legislative or other measures to criminalize the use of services which are the object of exploitation, with the knowledge that the person is a victim of trafficking in human beings. In the Arab region, the Arab Charter on Human Rights prohibits all forms of trafficking in human beings (art. 10). In other regions, while there is a tendency to prohibit only some forms of trafficking in persons, it is nevertheless relevant to note that the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, in its article 4 (2) (g), and the African Charter on the Rights and Welfare of the Child, in its article 29, require States parties to take appropriate measures to prevent trafficking in women and in children, respectively. In the Americas, the American Convention on Human Rights prohibits trafficking in women (art. 6 (1)).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 13
- Paragraph text
- The obligations of States to prevent and combat human trafficking are clearly spelled out in international human rights instruments. The Convention on the Elimination of All Forms of Discrimination against Women requires States parties to take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women (art. 6), while the Convention on the Rights of the Child similarly obliges States parties to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (art. 35). It is also of relevance that the International Covenant on Civil and Political Rights prohibits slavery and forced or compulsory labour (art. 8). Other relevant international instruments include those under the auspices of the International Labour Organization (ILO): the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182), under which States parties are called upon to take effective measures to prohibit the worst forms of child labour, including child trafficking, and the Convention concerning Forced or Compulsory Labour (Convention No. 29) and the Convention concerning the Abolition of Forced Labour (Convention No. 105), under which States parties are required to take measures to abolish forced or compulsory labour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 7
- Paragraph text
- The thematic analysis set out herein deals with human trafficking in supply chains and the role of States, businesses and other stakeholders in preventing and combating it. In the discharge of her mandate, the Special Rapporteur has observed that trafficking in persons is in most cases committed by non-State actors and that businesses often derive economic benefits from labour or services provided by trafficked persons, whether directly or indirectly, including through their supply chains.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 80
- Paragraph text
- States should ensure that trafficked children are provided with legal, interpretative and other assistance necessary in order for them to seek remedies. States should ensure that professionals providing such assistance are adequately trained in children's rights and the issues of child trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 79
- Paragraph text
- 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. States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 77
- Paragraph text
- States should ensure that the best interests of the child are a primary consideration in all decisions or actions that affect trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 74
- Paragraph text
- States should provide legal assistance to trafficked persons on a free-of-charge basis as an essential pre-condition for all trafficked persons to exercise their right to an effective remedy. States should ensure that lawyers providing such assistance have received adequate training in the rights of trafficked persons including children, and in effective communications with victims of human rights violations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 73
- Paragraph text
- States should develop guidelines on the appropriate form, content and language of the information to be provided to trafficked persons and ensure that they properly apply the guidelines. In such guidelines, States should ensure that information is easily accessible in a variety of forms and available in a language that trafficked persons understand, not only from a linguistic perspective but also cultural and socio-economic perspectives.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 72
- Paragraph text
- States should establish and effectively implement obligations on the part of relevant authorities and officials who come into contact with trafficked persons to provide them with information on the right to a remedy, mechanisms and procedures available to exercise this right, and how and where to obtain necessary assistance.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 70
- Paragraph text
- States should establish legislative provisions for the confiscation of assets and proceeds of trafficking offences, and for the use of such assets and proceeds to compensate trafficked persons. States should also adequately train law enforcement officials in identifying, tracing, freezing and confiscating assets connected to the crime of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 52
- Paragraph text
- In many States, the grant of residence permits is exclusively tied to the willingness of trafficked persons to cooperate with law enforcement to investigate and prosecute traffickers. It has been observed that trafficked persons are rarely seen as the holders of rights, but as "instruments" in investigations or prosecution. In the Special Rapporteur's view, the conditionality of residence permits on cooperation with law enforcement authorities may not only compromise trafficked persons' rights to full recovery, but may also be counterproductive from law enforcement perspectives. The requirement to cooperate with law enforcement authorities is of concern, particularly in the absence of a reflection and recovery period in many States, as such cooperation may result in re-traumatization of trafficked persons by forcing them to recount highly traumatic events when their psychological well-being has not yet been recovered. Further, this concern is heightened in view of the lack of definition as to what "cooperation" is expected from trafficked persons and the reports that it may, in some cases, entail direct contact with traffickers, which could be highly traumatizing for trafficked persons. It is doubtful whether information obtained without respecting the right of trafficked persons to full recovery can be used for the purpose of criminal investigation, as they are more likely to provide accurate and reliable information once they regain their psychological stability.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 50
- Paragraph text
- Article 7 of the Palermo Protocol requires each State to consider adopting measures that permit trafficked persons "to remain in its territory, temporarily or permanently, in appropriate cases" and to "give appropriate consideration to humanitarian and compassionate factors" in doing so. At a very minimum, this should entail the provision of a reflection and recovery period to allow trafficked persons to regain physical and psychological stability and to reflect on available options. While an increasing number of States, particularly those in Europe, provide for a reflection and recovery period of varying duration, the majority of States still do not yet establish a reflection and recovery period as a legal right of trafficked persons. Even where it is established by law, trafficked persons often do not benefit from such a period, due to a number of obstacles such as the misidentification of trafficked persons, which results in immediate detention and deportation, and the uncertainty regarding the procedures to be followed in granting the reflection and recovery period. Further, a study on the application of the right to residence found that a reflection and recovery period is often confused with temporary residence status. This confusion is highly problematic, as temporary residence status is often tied to the willingness of trafficked persons to cooperate with law enforcement and testify against traffickers, which defeats the very purpose of a reflection and recovery period.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 49
- Paragraph text
- The ability of trafficked persons to claim remedies hinges upon possibilities to remain in countries where remedies are sought, as it would be difficult for them to obtain remedies if they were at risk of expulsion or had already been expelled from the countries. In many instances, however, trafficked persons are misidentified as irregular migrants and detained in immigration detention centres, or immediately deported without being given any opportunities to seek compensation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 44
- Paragraph text
- In terms of the language to be used, it is crucial that information about trafficked persons' rights and the procedures for obtaining remedies is clearly explained in a language that the trafficked person understands. In this regard, interpreters have a crucial role to play, as many trafficked persons may not understand the language spoken in the country in which they wish to seek remedies. While the Palermo Protocol does not expressly require States to provide for interpretation or translation assistance, it is one of the essential requirements to effectively guarantee the right of trafficked persons to seek remedies, and the availability of such assistance should not be limited to judicial proceedings. Furthermore, the language used to explain the rights and procedures to seek remedies must be easily understood by trafficked persons of all educational and socio-economic backgrounds. In a number of States, law enforcement authorities such as police and prosecutors are obliged by law to inform victims of crime of their rights, including the right to claim compensation. While the Special Rapporteur recognizes this legal requirement as a good practice, it has been reported that it is not well implemented in practice or the information often does not effectively reach the victims due to the complexity of the language used by the law enforcement authorities.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 37
- Paragraph text
- In some States, trafficked persons have been able to obtain compensation through general compensation schemes for victims of crime. In many other States, however, access to State-funded compensation schemes may be restricted by certain eligibility criteria, such as nationality, residence status, or types of crimes that the victim suffered.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- Reparation in the form of compensation appears to be most widely recognized among States in the context of trafficking in persons. The Palermo Protocol specifically requires States Parties to ensure that victims of trafficking have "the possibility of obtaining compensation for damage suffered" (art. 6, para. 6). Notably, however, the provision under the Palermo Protocol falls short of requiring States Parties to ensure that trafficked persons actually receive compensation. The obligation of States under the Palermo Protocol is discharged if States establish: (a) provisions allowing victims to sue offenders or others for civil damages; (b) provisions allowing criminal courts to award criminal damages to be paid by offenders to victims or to impose orders for compensation or restitution against persons convicted of offences; or (c) provisions establishing dedicated funds or schemes whereby victims can claim compensation from the State for injuries or damages. The requirement under the Palermo Protocol to merely provide for the possibility to seek compensation effectively creates a gap between the right to an effective remedy in law and its implementation. A number of obstacles exist in practice for trafficked persons to obtain compensation through either of these avenues, rendering such possibility simply illusory.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- In addition to the doctrine of State responsibility, States may have obligations under specific treaties to provide remedies. As trafficking involves multiple violations of human rights, international human rights law is of direct relevance. It is well-grounded in international human rights law that a State has a duty to provide a remedy to victims of human rights violations committed within its territory and subject to its jurisdiction. The right to a remedy is a human rights norm widely recognized in major international and regional human rights instruments. While international instruments specifically applicable to the crime of trafficking, namely the United Nations Convention against Transnational Organized Crime and the Palermo Protocol, do not expressly guarantee the right to a remedy to trafficked persons, they do require States to establish procedures to provide access to compensation, and to provide for measures that may form part of the right to an effective remedy, as discussed in sections C and D below. Despite this lack of holistic reference to the right of trafficked persons to a remedy under the Palermo Protocol, the international community clearly recognizes that trafficked persons, as victims of human rights violations, have the right to adequate and appropriate remedies, which goes beyond the right to the possibility of obtaining compensation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 14
- Paragraph text
- The first requirement of State responsibility is that the relevant act or omission is attributable to the State. The conduct of any State organs and agents acting under the direction, instigation or control of those organs is clearly attributed to the State. In general, the conduct of private persons is not as such attributable to the State. The second requirement is that the relevant act or omission attributed to a State constitutes a breach of an international obligation of that State.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 13
- Paragraph text
- It is a well-established doctrine of international law that a State has an obligation to redress wrongs where an act or omission is attributable to it and constitutes a breach of an international obligation of the State. While this doctrine of State responsibility has traditionally applied between States, it also extends to wrongs committed against individuals.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 10
- Paragraph text
- Recognizing this gap, the Special Rapporteur considers that conceptual clarification of this right and analysis of good practices and main challenges may benefit States in ensuring the effective implementation of the right at the national level. It is further her hope that the report will provide guidance to practitioners working in this field, including lawyers, human rights defenders, academics, and international and non-governmental organizations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 42
- Paragraph text
- States should ensure that the best interests of the child are a primary consideration in all decisions or actions that affect trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- States should provide legal assistance to trafficked persons on a free-of-charge basis as an essential precondition for all trafficked persons to exercise their right to an effective remedy. States should ensure that lawyers providing such assistance have received adequate training in the rights of trafficked persons including children, and in effective communication with victims of human rights violations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 39
- Paragraph text
- States should ensure that they provide trafficked persons with information on the right to a remedy, mechanisms and procedures available to exercise this right, and how and where to obtain the necessary assistance. To facilitate this process, States should develop guidelines on the appropriate form, content and language of the information to be provided to trafficked persons and ensure that the guidelines are properly applied.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 38
- Paragraph text
- Where State-funded compensation schemes for victims of crime exist, States should abolish eligibility criteria that have the effect of preventing trafficked persons from seeking compensation, such as nationality and long-term residence requirements.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 37
- Paragraph text
- States should adequately train law enforcement officials in identifying, tracing, freezing and confiscating assets connected to the crime of trafficking, and explicitly enact legislation that provides that the confiscated assets are to be used to compensate trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 34
- Paragraph text
- States should provide trafficked persons with a reflection and recovery period, as well as assistance in realizing their full recovery on a non-conditional basis, duly taking into account the individual circumstances and needs of each trafficked person.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- As a very first step in ensuring that trafficked persons have the opportunity to seek remedies as victims of human rights violations, States should ensure that relevant authorities and officials, such as police, border guards and immigration officials, are adequately trained in the identification of trafficked persons to allow rapid and accurate identification of trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 27
- Paragraph text
- While noting these positive developments, the Special Rapporteur underlines that a comprehensive and holistic response aimed at the realization of this right is critical. As discussed in the Human Rights Council report, the realization of the right to an effective remedy hinges upon a variety of interrelated factors. Accurate identification of trafficked persons is a prerequisite for trafficked persons to be able to exercise the right to an effective remedy, as it is almost impossible to do so if they are misidentified as irregular migrants or criminal offenders. They must be also provided with a reflection and recovery period as well as the support and assistance necessary for their recovery on a non-conditional basis, so that they can make an informed decision as to what course of action they would like to pursue. If trafficked persons wish to seek compensation for the harms suffered, they need to be equipped with information about their rights and the avenues available to exercise their rights, legal assistance, interpretation and other necessary services, and regular residence status. Trafficked persons must be recognized as holders of rights from the moment that they are identified as trafficked and States must implement responses underpinned by all of these elements necessary for trafficked persons to enjoy the right to an effective remedy. Ad hoc measures designed to address only some of these aspects would be hardly sufficient if the right to an effective remedy were to be fully realized.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 22
- Paragraph text
- Finally, even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders, as identified traffickers may not have adequate assets to satisfy an award of compensation, or law enforcement authorities may lack the expertise, training and resources to freeze and confiscate traffickers' assets.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 17
- Paragraph text
- Recovery includes medical and psychological care, as well as legal and social services. As trafficking often causes severe physical and psychological consequences for the victims, recovery is a crucial form of remedy. In the Human Rights Council report, the Special Rapporteur noted with concern that in some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked, and that access to recovery services is made conditional on the capacity or willingness of trafficked persons to cooperate with law enforcement authorities. Further, she expressed concern about the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Men
- Women
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 11
- Paragraph text
- This report seeks to highlight the main findings, conclusions and recommendations of the Human Rights Council report. It also presents the Special Rapporteur's additional observations on the issue, as well as the feedback of Member States and other stakeholders that she received after the presentation of the Human Rights Council report.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 10
- Paragraph text
- The present report is a follow-up to the Special Rapporteur's report to the seventeenth session of the Human Rights Council (A/HRC/17/35). The Special Rapporteur wishes to draw the attention of Member States to her analysis, conclusions and recommendations in the Human Rights Council report, including the draft basic principles on the right to an effective remedy for trafficked persons, which are reproduced in the annex to the present report.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 136
- Paragraph text
- [On the right of victims to redress and compensation, regional mechanisms should ensure that at the national level:] Victims who act as witnesses are fully supported and protected.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 135
- Paragraph text
- [On the right of victims to redress and compensation, regional mechanisms should ensure that at the national level:] Mechanisms are in place that allow victims to safely exercise their right to access legal remedies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe