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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
General Conclusion On International Protection 1994, para. (k)
- Paragraph text
- Notes that a large number of those persons in need of international protection have been forced to flee or to remain outside their countries of origin as a result of danger to their life or freedom owing to situations of conflict;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Thèmes
- Humanitarian
- Movement
- Année
- 1994
- Date ajouter
- 19 août 2019
Paragraphe
Temporary Refuge 1980, para. (h)
- Paragraph text
- Decided to request the High Commissioner to convene as soon as possible a representative group of experts to examine temporary refuge in all its aspects within the framework of the problems raised by large- scale influx and to provide the group with all possible assistance.
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Thèmes
- Governance & Rule of Law
- Movement
- Année
- 1980
- Date ajouter
- 19 août 2019
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. The non-renewal or withdrawal of a residence permit is subject to the conditions provided for by the internal law of the Party.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Année
- 2005
- Date ajouter
- 19 août 2019
Paragraphe
Protocol of 2014 to the Forced Labour Convention 2014, para. 3
- Paragraph text
- Each Member shall take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support.
- Organe
- International Labour Organization
- Type de document
- International treaty
- Thèmes
- Movement
- Violence
- Année
- 2014
- 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
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. 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
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. 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
Prevention of trafficking in persons 2010, para. 78
- Paragraph text
- New technologies, in particular social networking, should be creatively and vigorously used and sustained to prevent and combat all forms of trafficking in persons, although it is recognized that its usage is limited in certain countries owing to the digital divide and access-related problems based on geographical location, age and gender differences.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 49
- Paragraph text
- Restrictions of domestic workers' human rights to freedom of movement and residence can also be indicators for dependency. In some cases, domestic workers are forced to live with their employers and locked into the house virtually 24 hours a day. This is not only a violation, but also means that they are isolated, unable to report exploitation to the authorities and incapable of obtaining support from peers, friends or labour union representatives.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Violence
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Study on illegal adoptions 2017, para. 75
- Paragraph text
- Attitudes towards the accreditation of adoption agencies vary among receiving States, with some accrediting a small number of bodies that have the resources to provide all the necessary professional services and can be monitored effectively, and others having multiple and diverse accredited bodies.Accreditation is no guarantee of professionalism, however. The fact that adoption agencies are not effectively monitored and vetted for their professionalism and ethics is a major problem.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Study on illegal adoptions 2017, para. 60
- Paragraph text
- The disproportionate demand for adoption is particularly relevant in the context of intercountry adoptions and leads to excessive pressures from receiving countries on countries of origin. Furthermore, when the number of intercountry adoptions suddenly and rapidly increases in a country of origin, the existing infrastructure will often not be able to cope, intensifying the risk of illegal acts and illicit practices.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Movement
- Social & Cultural Rights
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 60
- Paragraph text
- One key way in which the European Union has promoted the externalization of border control has been through assisting with capacity-building for foreign agents responsible for border control. The Special Rapporteur heard of numerous programmes supported by the European Union for improving cooperation and training for coastguards, border guards and other government officials in countries of transit and of origin responsible for border control.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 43
- Paragraph text
- While increasing access to homeownership for low-income households through credit has proved to lead to overindebtedness and housing crises, rental housing has the potential to promote a range of more affordable options, while reducing financial risk and enabling better mobility.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 44
- Paragraph text
- Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leave, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
General Conclusion On International Protection 2003, para. (v)
- Paragraph text
- Encourages States to co-operate with UNHCR on methods to resolve cases of statelessness and to consider the possibility of providing resettlement places where a stateless person's situation cannot be resolved in the present host country or other country of former habitual residence, and remains precarious;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Thèmes
- Governance & Rule of Law
- Movement
- Année
- 2003
- Date ajouter
- 19 août 2019
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4
- Paragraph text
- 4. If a victim submits an application for another kind of residence permit, the Party concerned shall take into account that he or she holds, or has held, a residence permit in conformity with paragraph 1.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Année
- 2005
- Date ajouter
- 19 août 2019
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 5
- Paragraph text
- 5. Each Party shall adopt such legislative or other measures as may be necessary to permit, in accordance with its internal law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Convention.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Année
- 2005
- Date ajouter
- 19 août 2019
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 60
- Paragraph text
- While links with other forms of organized violent crime cannot be excluded, trafficking into domestic servitude usually takes places under the cover of activities that seem legal or enjoy widespread social acceptance. Agents recruiting domestic workers become perpetrators of trafficking, if they deliberately deceive their clients about the conditions of work or engage in illegal practices of control (such as the withholding of passports), while knowing that such practices will result in the exploitation of their recruits.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Adequacy of the international legal framework on violence against women 2017, para. 81
- Paragraph text
- This includes immediate risk assessment and protection, including a wide range of protection measures, comprising the issuance and monitoring of eviction, protection orders and adequate sanctions for non-compliance.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 39
- Paragraph text
- National legal frameworks governing organ transplantation can be extremely complex, addressing a wide range of matters, many of which affect, directly or indirectly, trafficking in persons for the removal of organs. The main issues are briefly described below.
- 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
Study on illegal adoptions 2017, para. 92
- Paragraph text
- States have been reluctant to react adequately to illegal adoptions. The lack of accountability and redress for victims of illegal adoptions, in part due to a lack of comprehensive national legislation criminalizing illegal adoption as a separate offence, is a major concern. In addition, investigations and prosecutions are rarely targeted at criminal structures involved in the commission of systematic illegal adoptions, often with State complicity. Sanctions for acts related to illegal adoptions rarely reflect the gravity of the crimes.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Study on illegal adoptions 2017, para. 90
- Paragraph text
- In the context of intercountry adoptions, there have been calls to ensure coordinated responses from both receiving countries and countries of origin faced with illegal adoptions or highly fragile situations. Following the 2004 tsunami in the Indian Ocean, both countries of origin and receiving countries, with the support of UNICEF and the Hague Conference on Private International Law, stated that no intercountry adoption would take place in the immediate aftermath of the tsunami. Similar conclusions were drawn following the earthquakes that hit Haiti in 2010 and Nepal in 2015.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Study on illegal adoptions 2017, para. 61
- Paragraph text
- The lack of transparency regarding the costs of an adoption and other related payments are at the root of most illegal acts. Particularly in the context of intercountry adoptions, the costs of the whole procedure are not set, which leads to great fluctuations in prices and many opportunities for corruption. Nor is there transparency regarding the purpose and use of other "adoption-related payments", blurring further the line between required and unjustified amounts. Payments also create a dependency (e.g. among "orphanages" and intermediaries) that can fuel illegal adoptions.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Study on illegal adoptions 2017, para. 45
- Paragraph text
- As the case of Romania demonstrates, one response to deficiencies in the intercountry adoption procedure has been the provisional suspension of adoptions, often known as moratoriums. In numerous countries of origin and receiving countries, moratoriums have been imposed following scandals revealing illegal practices in adoption procedures. The Hague Conference on Private International Law has noted that many States have a reactive approach to financial malpractice and abuse in intercountry adoption and tend to wait until problems are pervasive before addressing them.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 6
- Paragraph text
- In many countries in the global South, where the majority of households are unlikely to have access to formal credit, the impact of financialization is experienced differently, but with a common theme - the subversion of housing and land as social goods in favour of their value as commodities for the accumulation of wealth, resulting in widespread evictions and displacement. Informal settlements are frequently replaced by luxury residential and high-end commercial real estate.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Protection of journalists and press freedom 2010, para. 40
- Paragraph text
- Moreover, in situations where journalists find themselves in the territory of another State, the host State is also obliged to respect, protect and fulfil their rights, including their right to freedom of opinion and expression. This obligation also applies to an occupying power in situations of occupation, as well as forces of a State party acting outside its territory, such as forces constituting a national contingent of a State party assigned to an international peacekeeping or peace enforcement operation.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Movement
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe