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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 16
- Paragraph text
- As regards article 12, States parties should provide information on any legal provision or any practice which restricts women's right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman. States parties should also report on measures taken to eliminate such laws and practices and to protect women against them, including reference to available domestic remedies (see general comment No. 27, paragraphs 6 and 18).
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Men
- Women
- Année
- 2000
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61b
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The laws of the father's country do not permit him to confer nationality in certain circumstances, such as when the child is born abroad;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61e
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The father has been unwilling to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children, for example if he has abandoned the family.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Families
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Rights of rural women 2016, para. 29
- Paragraph text
- In line with general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, States parties should ensure that rural women may acquire, change, retain or renounce their nationality, or transfer it to their children and foreign spouse under the same conditions as men, and that they are aware of their rights in this regard. States parties should also provide rural women with access to personal identification documents (such as identity cards, passports and social security numbers) and ensure that civil registration procedures, including for birth, marriage, divorce and death, are accessible in rural areas.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61a
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The father is stateless;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Human rights of internally displaced persons in the context of the Post-2015 development agenda 2015, para. 62
- Paragraph text
- As women and mothers, poor and frequently from minorities, internally displaced women face multiple and intersectional challenges. Women are frequently separated from men in conflict-related displacement situations, sometimes permanently due to the death of men, or to men joining the armed conflict or being forced to flee the conflict without their families. Women also frequently have the primary responsibility of caring for children and the elderly and are less able to seek employment or income-generating activities. Despite these obstacles, internally displaced women frequently take on family and community leadership roles.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Children
- Families
- Men
- Persons on the move
- Women
- Année
- 2015
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 18
- Paragraph text
- The impact of country visits on anti-trafficking efforts at the national, regional and international levels has also been noted by partners. In this regard, the Special Rapporteur was pleased to learn that the recommendations she made to Member States, following country visits, for reforming national legislative and anti-trafficking policy frameworks in line with international norms had largely been implemented. This has meant shifts in policy and practice around trafficking. For example, in Morocco, a new migration policy includes measures to address trafficking in persons; in Japan, the action plan to combat trafficking in persons now covers all elements of the international definition of trafficking and includes specific provisions for trafficking in men and boys; in Australia, the national action plan to combat human trafficking and slavery is set to address a number of her recommendations; and in Belarus, the national plan of action for gender equality includes measures for the protection of, and assistance to, victims of trafficking. The establishment of, or amendments to, national anti-trafficking laws in conformity with the definition in the Palermo Protocol and the ratification of international and regional instruments for the protection of victims of trafficking were also positive achievements following a country visit by the Special Rapporteur. In that regard, States, including Australia, Lebanon, Seychelles and Thailand, have promulgated new national legal instruments addressing various aspects of trafficking in persons while others, such as Belarus, Bosnia and Herzegovina and Japan, have amended the relevant anti-trafficking provisions in existing laws. Recommendations concerning the establishment or strengthening of national rapporteurs on trafficking, and equivalent mechanisms, and cooperation with civil society organizations were, for the most part, followed up. In a number of countries, interministerial anti-trafficking committees have been established and services, including hotlines and shelters, to provide assistance to victims of trafficking put in place (Japan, Lebanon, Seychelles). Examples of how States have strengthened their partnerships with authorities in source, transfer and destination countries include bilateral agreements entered into with other States, as was done by Bosnia and Herzegovina and Thailand, or by supporting various anti-trafficking programmes in source countries such as Japan. A number of countries have also strengthened collaboration with civil society organizations in the provision of assistance to victims of trafficking and the development of national referral guidelines for the identification of, and support to, victims in a coordinated manner.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Movement
- Personnes concernées
- Boys
- Men
- Année
- 2014
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 53
- Paragraph text
- Partners have emphasized that the mandate holders could make a further contribution to the understanding of trafficking in persons by continuing to provide greater clarity on emerging and new forms of trafficking. Some themes proposed in this regard include trafficking for the purpose of forced labour (outside the sex sector), begging, criminality and forced marriage. The issue of trafficking of men and boys and the link between trafficking and corruption were also proposed. Further research on trafficking in persons for the purpose of organ removal and on prosecutions and punishments was deemed useful to determine the types of penalty imposed on traffickers and to what extent they acted as a deterrent. A focus on strengthening the accountability of non-State actors and the engagement of civil society in the efforts to combat trafficking in persons was also suggested.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Boys
- Men
- Année
- 2014
Paragraphe
Gender-related killings of women 2012, para. 66
- Paragraph text
- The growing sociopolitical phenomena of gangs, organized crime, drug dealers, human and drug trafficking chains, massive migration and the proliferation of small arms have had a devastating impact on women's lives, particularly in Mexico and Central America. The northern triangle of Central America has the highest rates of homicide in a non-conflict context. The rate of killings of men has been stable during the last decade, but there has been an increase in the rates of killings of women. In 2004 in Guatemala, murders of women increased 141 per cent, as opposed to 68 per cent for men; in El Salvador in 2006 murders of women increased 111 per cent, compared to 40 per cent for men; and in Honduras in 2007 murders of women increased 166 per cent, compared to 40 per cent for men.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Movement
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2012
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 62
- Paragraph text
- Articles 1 to 3 of the Convention also support the right of women to benefit, on an equal basis with men, from naturalization for themselves and their spouses. Discrimination against women in this respect impedes the reduction of statelessness. The same holds true when women are unable to confer their nationality on their stateless spouses. It may also create further risks of statelessness in the case of children born out of such unions.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 22
- Paragraph text
- Malaysia is currently the world's second largest producer of palm oil. According to a recent report, in order for Malaysia to "meet the growing global demand for cheaply produced palm oil, some producers are relying on forced labor and other forms of modern slavery". Agricultural work is not an attractive form of employment for the majority of Malaysians. Therefore, men, women, and children - primarily from Indonesia and Philippines - migrate to Malaysia in order to work on these plantations. Many of these workers are undocumented, poor and isolated, making them extremely vulnerable to contemporary forms of slavery. The Secretary General of Indonesia's Commission for Child Protection reported that tens of thousands of Indonesian migrant workers and their children had been "systematically enslaved" on Malaysian plantations. The number of Indonesian children in forced labour in Sabah, Malaysia, is estimated to be as high as 72,000. Children born at the plantations are not issued birth certificates, preventing them from attending school and forcing them to stay at the plantations and work.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Detention of migrants in an irregular situation 2012, para. 72g
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Giving particular attention to the situation of women in detention, ensuring that they are separated from men, and attended and supervised only by women officers, in order to protect them against sexual violence, and avoid the detention of pregnant women and breastfeeding mothers;
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Men
- Persons on the move
- Women
- Année
- 2012
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 52
- Paragraph text
- Article 9 (2) of the Convention provides that women are to have the same rights as men to acquire, retain or change their nationality, regardless of marriage and divorce and of what their husbands do with their own nationality. Women are also, according to the Convention, to transmit their nationality to their children under the same conditions as their husbands, whether they are in their own country or abroad.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63d
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Consider permitting dual nationality where women have married foreign men, and for the children born of such unions, especially in situations in which legal regimes providing for dual nationality may lead to statelessness;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Global trends in risks and threats facing human rights defenders 2015, para. 63
- Paragraph text
- In addition, women defenders complained of gaps in the responses of the various mechanisms and organizations that do not take men-women issues sufficiently into account (for instance, in resettlement programmes, from which families are often excluded). Women defenders likewise mentioned the need for them to be included from the outset in the preparation of programmes to protect them, in order to get away from a sometime paternalistic approach that plays down the challenges they face.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Men
- Women
- Année
- 2015
Paragraphe
Developing the Global Compact on Migration 2016, para. 123i
- Paragraph text
- [The global compact should:] Ensure a robust gender analysis of the difference in the impacts of policies on men and women, with special attention to the ways in which restrictions on women's mobility as a means of protection violate their rights and create favourable conditions for smuggling networks to thrive, including the use of a gender lens at all stages and in all aspects of the discussion as specific consideration of gender in the context of bilateral agreements, detention/deportation and readmission/repatriation is also crucial;
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Movement
- Personnes concernées
- Men
- Women
- Année
- 2016
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61c
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The father is unknown or not married to the mother at the time of the child's birth;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Families
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Women migrant workers 2008, para. 16
- Paragraph text
- Women migrant workers may be unable to save or transmit savings safely through regular channels due to isolation (for domestic workers), cumbersome procedures, language barriers, or high transaction costs. This is a great problem since in general they earn less than men. Women may further face familial obligations to remit all their earnings to their families to a degree that may not be expected of men. For example, single women may be expected to support even extended family members at home.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Gender
- Movement
- Personnes concernées
- Families
- Men
- Persons on the move
- Women
- Année
- 2008
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63f
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Promote awareness of recent legal and policy development granting women equal rights with men to acquire, change or retain their nationality or that enable women to confer their nationality to their children and their foreign spouses;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Women migrant workers 2008, para. 11
- Paragraph text
- Women migrant workers may face sex- and gender-based discrimination, including compulsory HIV and AIDS testing for women returnees, moral "rehabilitation" for young women returnees and increased personal and social costs compared to men, without adequate gender-responsive services. For example, men may return to a stable family situation, whereas women may find disintegration of the family upon their return, with their absence from home regarded as the cause of such disintegration. There may also be a lack of protection against reprisals from exploitative recruiting agents.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Families
- Men
- Persons on the move
- Women
- Youth
- Année
- 2008
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63b
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Review and reform their nationality laws to ensure equality of women and men with regard to the acquisition, changing and retention of nationality and to enable women to transmit their nationality to their children and to their foreign spouses and to ensure that any obstacles to practical implementation of such laws are removed, in full compliance with articles 1 to 3 and 9 of the Convention;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58a
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider undertaking studies in relation to emerging areas of concern, such as illicit recruitment practices, trafficking in men for forced and exploitative labour, trafficking for forced begging and criminal activities, trafficking for forced or servile marriage and return and the risk of retrafficking. They should also consider giving further attention to trafficking in persons for the removal of organs in continuation of the initial work undertaken by the Special Rapporteur;
- Status juridique
- Non-negotiated soft law
- 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
- Men
- Women
- Année
- 2014
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 79a
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider undertaking studies in relation to emerging areas of concern, such as (i) illicit recruitment practices, (ii) trafficking in men for forced and exploitative labour, (iii) trafficking for forced begging and criminal activities, (iv) trafficking for forced or servile marriage and (v) return and the risk of retrafficking. They should consider giving further attention to trafficking in persons for the removal of organs in continuation of the initial work undertaken by the Special Rapporteur;
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2014
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 78
- Paragraph text
- Multi-stakeholder initiatives should ensure that assurance providers and auditors have demonstrated knowledge and experience in assessing compliance with labour-related standards and in interviewing workers on an ongoing basis. When risk indicators are identified, the initiatives should consider requiring the collaboration of assurance providers and auditors with civil society organizations that are specialized in victim identification and that provide specialized services for trafficked persons. Multi-stakeholder initiatives should ensure that specialized services address gender concerns and that services are offered to both men and women. They should also consider including forced labour and human trafficking experts in oversight bodies.
- Status juridique
- Non-negotiated soft law
- 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
- Men
- Women
- Année
- 2017
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61d
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The father has been unable to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children because, for example, he has died, has been forcibly separated from his family or cannot fulfil onerous documentation or other requirements;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Families
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 59
- Paragraph text
- Article 9 of the Convention establishes that women enjoy the rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis with men. The Committee has interpreted that this right also applies to spouses.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Men
- Women
- Année
- 2015
Paragraphe
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 59
- Paragraph text
- Women, particularly those in the care sector, are especially vulnerable to exploitation and abuse, as they work in physical and social isolation. Men too may experience abuse and exploitation, in sectors such as construction and agriculture. The Special Rapporteur believes in the importance of trade agreements providing all migrants with the opportunity to seek redress for human rights and labour standards violations, without fear of detection, detention and deportation.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Men
- Persons on the move
- Women
- Année
- 2016
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".
- Status juridique
- Non-negotiated soft law
- 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
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.
- Status juridique
- Non-negotiated soft law
- 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
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