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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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Movement
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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'.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69c
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Ensure that business enterprises in conflict areas, whether private or State-owned/supported, are not involved in trafficking in persons, including for the purpose of labour exploitation; and ensure transparent and strict requirements for the entire recruitment process and strict rules for placement and employment agencies;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 74c
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Ensure that business enterprises in conflict areas, whether private or State-owned/supported, are not involved in trafficking in persons, including for the purpose of labour exploitation, and ensure transparent and strict requirements for the entire recruitment process and strict rules for placement and employment agencies;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 69
- Paragraph text
- Increased efforts should be made to train key stakeholders, in particular prosecutors and judges, on laws and issues pertaining to trafficking in persons. Training, education and sensitization aimed at other actors, and society at large, could also make a crucial contribution to the effective implementation of the right to an effective remedy for trafficked persons, including through the promotion of a victims' rights culture and measures to counter stigma.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- In order to enable trafficked persons to exercise their right to compensation in a meaningful manner, States should provide trafficked persons with the necessary means, assistance and status, namely, access to information, free legal assistance and other assistance necessary to ensure their full recovery, and regular residence status. In addition, States should guarantee the right to privacy, safety and witness protection for trafficked persons taking part in legal proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 65
- Paragraph text
- States should provide trafficked persons with assistance in realizing their full recovery on a non-conditional basis, duly taking into account the individual circumstances and needs of each trafficked person.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- In the above-mentioned report, the Special Rapporteur also identified the entitlement of victims of trafficking to due diligence protection and prevention against trafficking in persons by States, whether in times of conflict or otherwise (A/HRC/32/41, para. 56). These rights include: the right to be identified; the right to protection; the right to assistance and support; access to remedies; and the right to safe return/protection from retrafficking/protection from persecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph