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The right to access information 2013, para. 45
- Paragraph text
- In its considerations, the Court has emphasized that the State must demonstrate a certain amount of due diligence in searching and providing information. For example, it was of the view that the State could not seek protection in arguing the lack of existence of the requested documents but, to the contrary, must establish the reason for denying the provision of the said information, demonstrating that it had adopted all the measures within its power to prove that, in effect, the information sought did not exist. Furthermore, the Court deemed it essential that, in order to guarantee the right to information, the public powers should act in good faith and diligently carry out the actions necessary to ensure the effectiveness of that right, especially when it dealt with the right to the truth of what had occurred in cases of gross violations of human rights, such as those of enforced disappearances and extrajudicial execution in the case under consideration.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Climate change and internal displacement 2011, para. 36
- Paragraph text
- Other actors have also enriched the discussion by focusing on specific rights or the impact of climate change on particular groups. In addition to posing a direct threat to the right to life, the effects of climate change are expected to have negative implications for basic rights relating to food (A/HRC/7/5), housing (A/64/255), water and health, and affect the overall right to an adequate standard of living (A/HRC/10/61, paras. 21-38). Some of these analyses have highlighted the link between the lack of access to these rights and displacement. In the context of climate change, internally displaced persons are also a growing category of persons considered to be especially at risk, given the adverse material, social and psychological consequences commonly associated with displacement. These risks are heightened by the fact that the most serious effects of climate change, including displacement, are predicted to disproportionately affect poor regions and countries and populations already in a vulnerable situation owing to poverty and other factors.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Movement
- Personnes concernées
- All
- Persons on the move
- Année
- 2011
Paragraphe
Labour exploitation of migrants 2014, para. 90
- Paragraph text
- Refrain from using sponsorship systems that make immigration status conditional on one given employer, as this creates a precarious status, restricts freedom of movement, increases vulnerability to exploitation and abuse, and leads to forced labour.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Violence
- Personnes concernées
- All
- Persons on the move
- Année
- 2014
Paragraphe
Developing the Global Compact on Migration 2016, para. 24
- Paragraph text
- Taking such a long-term strategic approach in developing the global compact for accessible, regular, safe and affordable mobility policies and practices will place States in a better position to respond to the significant demographic, economic, social, political and cultural challenges that lie ahead.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 30
- Paragraph text
- The admission of evidence, including real evidence obtained through a violation of the absolute prohibition of torture and other ill-treatment in any proceedings, constitutes an incentive for law enforcement officers to use investigative methods that breach those absolute prohibitions. It indirectly legitimizes such conduct and objectively dilutes the absolute nature of the prohibition. The exclusionary rule is not limited to criminal proceedings but extends to military commissions, immigration boards and other administrative or civil proceedings. Moreover, the use of the phrase "any proceedings" suggests that a broader range of processes is intended to be covered; essentially, any formal decision-making by State officials based on any type of information.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 77
- Paragraph text
- Finally, the CoE Convention sets out a wide range of assistance measures, including physical and psychological assistance and support for the reintegration of victims of trafficking into society. Medical treatment, counselling and information as well as appropriate accommodation are all among the measures provided. Victims are entitled to a minimum of 30 days to recover and escape the influence of the traffickers and to take a decision regarding their possible cooperation with the authorities. A renewable residence permit may be granted if their personal situation so requires or if they need to stay in order to cooperate in criminal investigations.
- 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
- 2010
Paragraphe
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] In particular, all affected persons and groups should have the opportunity to participate in the identification and determination of tenure rights; the choice over, planning and implementation of transitional shelter and permanent housing programmes, and of durable solutions (return, local integration, resettlement); and in decisions over land use planning and restrictions.
- 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
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Personnes concernées
- All
- Persons on the move
- Année
- 2011
Paragraphe
Minorities in situations of humanitarian crises 2016, para. 73
- Paragraph text
- Stateless persons are particularly vulnerable as they do not enjoy the right to nationality or any of the corresponding human and civil rights, and they may be targeted, or not adequately protected, by national authorities. In times of humanitarian crises, conflict or natural disasters, this lack of protection can be particularly acute. Statelessness can often be a root cause of forced displacement, particularly in times of crises. Forced displacement can in turn heighten the risks of becoming stateless, particularly as documents may be lost in flight.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 66
- Paragraph text
- States should provide trafficked persons with a reflection and recovery period of at least 90 days once they are identified as trafficked persons in order to ensure their full physical and psychological recovery and to make an informed decision about their course of action. This period should be provided separately and independently of temporary residence permits and trafficked persons should be given medical, psychological, legal, social and other assistance they may require for their recovery during this period on an unconditional basis.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Due diligence and trafficking in persons 2015, para. 50
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking requires that laws criminalize all forms of trafficking, including for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict. The extraterritorial application of due diligence obligations is furthered by measures such as incorporating extraterritorial jurisdiction into national legislation criminalizing trafficking and through inter-State cooperation in trafficking cases.
- 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
- 2015
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 67
- Paragraph text
- As a strategy to enhance the right of trafficked persons to successfully seek compensation, States should ensure that trafficked persons are equipped with the means, assistance and status necessary to exercise this right, namely, access to information, free legal assistance and other assistance necessary to ensure their full recovery, and regular residence status.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 72
- Paragraph text
- National legislation should include an obligation on medical personnel to notify authorities when they become aware of cases or potential cases of trafficking in persons for the removal of organs, with appropriate attention to issues of confidentiality and risks in cases of official complicity. This obligation should extend to medical staff involved in the provision of follow-up care to recipients.
- 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
- All
- Année
- 2013
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The issue of human trafficking in supply chains 2012, para. 30
- Paragraph text
- On the other side of the coin, there are positive incentives for businesses to contribute to efforts to combat human trafficking. By taking an active role in preventing and combating trafficking, companies can enhance their brand image and reputation among consumers, investors and other influential stakeholders. Their investment of resources in local communities to mitigate factors that place them at risk of trafficking, such as lack of access to education and employment opportunities, may also strengthen the relationship with local stakeholders and generate positive effects in the long term by producing a better-skilled and better-educated local workforce.
- 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
- All
- Année
- 2012
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal 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
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- 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
- 2012
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 97
- Paragraph text
- Many of the tools and resources available to support stronger responses to trafficking in persons, including training materials and identification protocols, were developed when the modalities of trafficking in persons for the removal of organs were poorly understood and the extent not fully appreciated. International organizations, including the United Nations, should review these materials with a view to ensuring their application to the specific problem 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
Paragraphe
Due diligence and trafficking in persons 2015, para. 45
- Paragraph text
- Due diligence requires States to take a comprehensive, integrated and holistic approach to ensuring the human rights of trafficked persons and persons at risk of being trafficked. Meaningful and substantive human rights due diligence provides a necessary framework to ensure policy coherence between anti-trafficking policy and related policy areas such as immigration and labour market policies.
- 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
- All
- Année
- 2015
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 17
- Paragraph text
- In the past few years, at the State level, the above-mentioned due diligence principle and the need to ensure businesses accountability have been at the core of national legislation developed to respond to consumer demands for more transparency in the activities of businesses and their impact on trafficking in persons and forced 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
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 106
- Paragraph text
- States should ensure workers have access to free, comprehensive and accurate information regarding their rights and the conditions of their recruitment and employment.
- 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
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Developing the Global Compact on Migration 2016, para. 15
- Paragraph text
- The only way to effectively reduce smuggling is to offer more accessible, regular, safe and affordable mobility solutions, with all the identity and security checks that efficient visa procedures can provide.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 45
- Paragraph text
- Regulation of deceased organ donation. The way in which deceased organ donations are regulated can also affect trafficking in persons for the removal of organs. For example, it is argued that the opting-out system, whereby persons are presumed to have consented to donation unless otherwise indicated, will increase the number of organs available for transplantation, thereby reducing the various incentives that feed trafficking in persons for the removal of organs. It is important to note, however, that these approaches also carry risks with regard to the rights of vulnerable persons. For example, studies have found that such laws penalize the poor and illiterate, who lack the time, resources and knowledge to actively opt out. Presumed consent laws could also encourage the withholding of life-saving measures from unprotected persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Movement
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 43
- Paragraph text
- Enforcement of trafficking in persons for the removal of organs and related laws. There is little information available on prosecutions for trafficking in persons for the removal of organs and related offences, although what information is available appears to confirm that the number of such prosecutions is extremely low. It is certainly the case that the enforcement of laws around trafficking in persons for the removal of organs and related offences does not appear to be a high priority for most Governments or national criminal justice agencies. Recent high profile prosecutions may indicate a shift in this situation, although that remains to be confirmed. Enforcement problems are not unique to trafficking in persons for the removal of organs. It is well established that, as a general crime type, trafficking in persons is extremely difficult to investigate and prosecute successfully. There is, however, some indication that trafficking in persons for the removal of organs appears to present special and additional difficulties: victims have very little incentive to cooperate with criminal justice authorities and may themselves be liable to prosecution. In addition, the protection now available to many victims of trafficking aimed at encouraging such cooperation is rarely, if ever, extended to victims of trafficking in persons for the removal of organs. Law enforcement authorities lack expertise and awareness and the complexity of transnational networks operating in this area challenges even the most sophisticated agencies. Of course, prosecutions are only one measure of success. In some countries, new laws aimed at preventing trafficking in persons for the removal of organs may have positively influenced this situation without the benefit of substantial prosecutions. In other countries, however, the enactment of laws banning commercialization of transplantation and other practices relating to trafficking in persons for the removal of organs appears to have had little impact.
- 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
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. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- 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
- All
- Année
- 2013
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 129
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop and promote the adoption by Governments of regional practitioners' guidelines on protection, including victim identification, repatriation, access to shelter and medical and psychosocial assistance, and rehabilitation, and provide assistance in their operationalization at the national level, through training and workshops at the regional and national levels.
- 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
- All
- Année
- 2010
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. 51
- Paragraph text
- In the case of any Government-run organizations which function or carry out transactions outside the national territory, this responsibility requires taking measures to discourage demand while individuals employed by the Government are based in another country. In this case, it is not only the procurement policies of the institutions involved which the State must check; it must also influence the personal behaviour of civil servants who might themselves employ or pay for the services of someone who has been 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
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 128
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop minimum standards at the regional level on support and services to be provided to victims of trafficking in order to enhance the level of protection, assistance and recovery. Special attention should be given to victim identification, repatriation, access to shelter, medical and psychosocial assistance, and rehabilitation, in line with the standards set out in international instruments and guidelines.
- 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
- All
- Année
- 2010
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. 56
- Paragraph text
- The Council of Europe Convention on Action against Trafficking in Human Beings covers "criminalisation of the use of services of a victim". Without making it obligatory for States parties to make it an offence for someone to purchase services from a person who they know has been trafficked, it requires States parties to consider doing so (art. 19). According to the reports of Council of Europe Group of Experts on Action against Trafficking in Human Beings, some States of the Council of Europe have criminalized the known use of the services of 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
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 61
- Paragraph text
- Trafficking in persons for the removal of organs is, first and foremost, a violation of human rights. All States have an international legal obligation to prevent it, to prosecute offenders and to protect and assist victims. This obligation arises through the application of specialist trafficking in persons laws and through international human rights 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
- All
- Année
- 2013
Paragraphe
Prevention of trafficking in persons 2010, para. 65
- Paragraph text
- States are urged to address underlying factors, such as poverty, high unemployment rate, lack of human security and gender-based discrimination that increase people's vulnerability to trafficking by respecting, protecting and promoting their human rights in a comprehensive and holistic manner. States should combine different interventions so that the multiple violations of human rights that generate conditions of vulnerability to trafficking are addressed as a whole.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Movement
- Poverty
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe