Search Tips
sorted by
30 shown of 36 entities
Trafficking in persons in conflict and post-conflict situations 2016, para. 64
- Paragraph text
- A range of conditions particular to or commonly associated with situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved in cross-border trafficking of arms, drugs and other illicit products that have the capacity to expand their activities into trafficking in persons and are therefore in a position to take advantage of additional opportunities to generate profit. A weak or non-existent justice and protection system that perpetuates impunity fails to protect the most vulnerable groups and individuals of society from exploitation. Other factors include a high prevalence and toleration of violence that extends beyond armed forces to include communities and families, as well as pressure to move, leading to dangerous migration decisions. Failure to consider anti-trafficking responses within humanitarian or peacekeeping efforts at the outset of conflicts further increases the vulnerability of trafficked persons or potential victims of trafficking.
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 57
- Paragraph text
- Consideration of the best interests of the child also extends to the question of what form of reparation would be most appropriate for the child. For example, while the right to compensation should be equally available to trafficked children and adult trafficked persons, many children do not have bank accounts and the capacity to manage money. Where the child's parents were complicit in the crime of trafficking, it may not be in the best interests of the child to transfer the compensation payment to the parents on trust for the child. From this perspective, there is a need to frame remedies for trafficked children more broadly and creatively. The best interests of the child formula suggests that reparative measures for trafficked children should be geared towards building a comprehensive child protection system which guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation. In this regard, the repatriation and reintegration programme for the Pakistani child camel jockeys mentioned in paragraph 21 above is a unique example of linking the entitlement to a monthly cash grant to the school attendance rate of 80 per cent by the children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 32
- Paragraph text
- The trafficking of women and girls for sexual exploitation, including sexual slavery, forced marriage, forced prostitution and forced pregnancy, features within the broader picture of sexual violence perpetrated against the civilian population during and in the wake of conflicts. The nexus between trafficking in persons and sexual violence is further affirmed in a statement by the President of the Security Council (S/PRST/2015/25) in which the President underscored the urgency of efforts to deter, detect and disrupt trafficking in persons, including by terrorist and violent extremist groups. Recently, an egregious pattern of abductions from their homes or schools of women and girls who are subsequently forced to marry and/or serve as sex slaves has been reported in conflict-affected settings, though some forms of this phenomenon have also been a feature of armed conflicts in the past. Such exploitation, which in some cases involves trafficking for forced marriage and sexual enslavement by extremist groups such as Islamic State in Iraq and the Levant, Boko Haram and their affiliates, is believed to be a strategy to generate revenue as well as to recruit, reward and retain fighters. In order to prevent such abductions, families are reported to be confining women and girls and removing girls from school (see S/2015/203, para. 61).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 23
- Paragraph text
- After fleeing conflict, children may be compelled to work to sustain themselves and/or to support their families. Unaccompanied children often have no choice but to work to meet their basic needs. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, construction, the food service industry, agricultural labour or as street vendors in conditions amounting to forced labour. Moreover, there appear to be organized systems within refugee camps for making these work arrangements. In Iraq and Lebanon, Syrian refugee children are trafficked for purposes of exploitation, including begging and selling items on the street. In May 2015, at least 1,500 children, 75 per cent of whom were Syrian, were reported as begging or working as street vendors in and around Beirut, working excessive hours to earn income for their families. These worst forms of child labour, which often mask other forms of exploitation, such as trafficking for forced labour and sexual exploitation, have negative consequences on children's health and education. Unaccompanied children from Afghanistan and the Sudan in refugee camps in Calais and Dunkirk in France are trafficked for sexual exploitation and forced to commit crimes, including stealing or selling drugs, by traffickers who promise them passage to the United Kingdom of Great Britain and Northern Ireland.
- 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
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 13
- Paragraph text
- Moreover, increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification, and lack of regular access to the labour market for asylum seekers, refugees and migrants, while rarely achieving their purpose, further contribute to an increase in the exploitation of migrants, including through trafficking (A/HRC/26/37/Add.2, para. 46).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 44
- Paragraph text
- Regulation of live organ donation. It is well established that trafficking in persons for the removal of organs is often disguised as altruistic donation. Many countries that operate a live donor programme based on altruism stipulate that there must be some form of relationship between the donor and the recipient. For example, in India, the Transplantation of Human Organs Act of 1994 allows, under section 9 (3), donations of organs between unrelated donors "by reason of affection or attachment towards the recipient". This is judged by one of several authorization committees, which include physicians, academics and people with "high integrity, social standing and credibility", as stated in section 6 of the Transplantation of Human Organs Rules, adopted in 1995. In Greece, a law on organ transplants passed in 2011 further broadened the scope of living donors to include "any person with which the patient has a personal relationship and is emotionally connected". Judicial permission is necessary in this case, and the judge must confirm "the validity and depth" of the relationship between donor and patient to ensure that the donation is truly altruistic. In Germany, article 8 (1) of the Transplantation Act of 1997 permits live organ donations only between family members with "an extremely close degree of kinship".
- 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
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 79
- Paragraph text
- States should ensure that trafficked children are equipped with information on all matters affecting their interests, including their situation, legal options, entitlements and services available to them, and processes of family reunification or repatriation. States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 94
- Paragraph text
- The CoE Convention, in addition to requiring the use of gender mainstreaming in the development, implementation and assessment of anti-trafficking measures, also contains special measures for children. These include measures to reduce children's vulnerability to trafficking, notably by creating a protective environment for them, and also on the identification and representation of child victims, on the protection of the private life and identity of child victims, on the issue of residence permits for child victims in accordance with the best interests of the child, and on non-return of child victims to a State if there is any indication that return would not be in the best interests of the child. Furthermore, repatriation programmes for child victims should include enjoyment of the right to education and measures to secure adequate care or reception by the family or appropriate care arrangements. One of the aggravating circumstances to be considered when determining the penalty for the offence of trafficking is when the offence is committed against children. Special protection measures are afforded to child victims during and after investigation and prosecution. Lastly, during court proceedings special care should be taken of children's needs and their right to special protection measures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 89
- Paragraph text
- COMMIT in the Mekong region is working on strengthening legal frameworks to include provisions on the right to support and protection for all identified victims of trafficking within judicial proceedings. It is working to fully support victims as witnesses, together with families, witnesses and informants. It will also hold a regional seminar on measures to freeze and confiscate assets of perpetrators and provide compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 66a
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Prevent trafficking in persons, especially targeting unaccompanied children such as orphans, children left behind by parents fleeing conflict and children moving alone to flee conflict areas, in cooperation with national civil society organizations, United Nations agencies and programmes and international organizations;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 71a
- Paragraph text
- [States hosting, among persons fleeing conflict, children who may have been or are at risk of being victims of trafficking in persons should:] Prevent trafficking in persons, especially targeting isolated children such as orphans, children left behind by parents fleeing conflict, children moving alone to flee conflict areas or those in camps, in cooperation with civil society organizations, United Nations agencies and programmes and international organizations;
- 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
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 72e
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The role of individual, family, and/or community-based criminal intermediation in fuelling human trafficking, especially for the purpose of temporary, forced and/or servile marriages related to conflict;
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 24
- Paragraph text
- Moreover, increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification and lack of regular access to the labour market for asylum seekers, refugees and migrants further contribute to an increase in the exploitation of migrants, including through trafficking. During the past decade in particular, restrictions on entry to preferred countries of asylum have become more onerous and appear directed towards thwarting the arrival of those who might claim asylum and refugee status. This forces migrants, including asylum seekers and refugees fleeing conflict, into the arms of those able to help them circumvent controls. For such migrants, the clandestine nature of their journey, the often unscrupulous and corrupt conduct of their facilitators and collaborators and the extent to which some States will go to prevent their departure, transit or arrival all operate to create or exacerbate opportunities for traffickers who prey on their precarious situation. For instance, Rohingya from Myanmar typically embark on maritime and overland journeys, often via Thailand, to irregularly reach Malaysia. Initially smuggled across borders, some are subsequently trafficked to fishing boats and palm oil plantations for labour exploitation, ending up in bonded labour to repay the debts incurred from the transport. Others are held captive and abused in Malaysia until ransom is paid by their relatives (see A/HRC/29/38/Add.1, para. 19).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 11
- Paragraph text
- Conflict severely affects individuals, families, communities and nations on a global scale. In 2014, 41 active conflicts were identified, with the most acute in Africa, the Middle East and Asia. In the same year, conflict and persecution forced a daily average of 42,500 individuals to leave their homes and seek protection, either within their own country or in other countries. The number of persons displaced because of conflict and persecution in 2014 stood at an unprecedented 59.5 million, a 40 per cent increase in just three years.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77f
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] The role of individual, family and/or community-based criminal intermediation in fuelling human trafficking, especially for the purpose of temporary, forced and/or servile marriages related to conflict;
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 28
- Paragraph text
- The United Nations Children's Fund (UNICEF) estimates that some 300,000 boys and girls under the age of 18 are involved in more than 30 conflicts worldwide. One in three children in the Kurdistan region of Iraq has been approached for forced or compulsory recruitment in armed conflict. Moreover, children are especially vulnerable to being trafficked into military service by Government armed forces, paramilitary groups and rebel groups if they are separated from their families, are displaced from their homes, live in combat areas or have limited access to education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 20
- Paragraph text
- Increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification and lack of regular access to the labour market for asylum seekers, refugees and migrants further contribute to an increase in the exploitation of migrants, including through trafficking. This forces migrants, including asylum seekers and refugees fleeing conflict, into the arms of those who can help them circumvent controls.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- A range of conditions particular to, or commonly associated with, situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved in cross-border trafficking of arms, drugs and other illicit products that have the capacity to expand into trafficking in persons and that are in a position to take advantage of additional opportunities to generate profit. A weak or non-existent justice and protection system that perpetuates impunity fails to protect the most vulnerable groups and individuals of society from exploitation. Porous borders that make border crossing easier further contribute to trafficking. Other factors include a high prevalence and toleration of violence that extends beyond armed forces to include communities and families, as well as pressure to move, leading to dangerous migration decisions.
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 33
- Paragraph text
- Trafficking for the purpose of sexual exploitation is perpetrated not only by organized criminals. For instance, Syrian refugee women and girls are trafficked for sexual exploitation through the practice of "temporary" or child and/or forced marriages. These girls and women are often forcibly married by their parents, who view such arrangements as a way of securing their daughters safety and ensuring the family's livelihood through the bride price. Once married, such wives are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they followed abroad (A/HRC/32/41/Add.1). Trafficking for forced prostitution through marriages with foreign men who then force their "brides" into prostitution in another country is also common.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 28
- Paragraph text
- While forcible recruitment of children often involves abduction or coercion, recruiters also appeal to notions of martyrdom or social and economic factors or employ trickery or indoctrination to enlist children. There are instances where the Internet, particularly social media, has been used by extremist groups to exploit the vulnerability of young educated children from middle class families in Western countries to recruit them using deception. Moreover, children are especially vulnerable to being trafficked into military service if they are separated from their families, are displaced from their homes, live in combat areas or have limited access to education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 22
- Paragraph text
- After fleeing conflict, children may be compelled to work to sustain themselves and/or to support their families. Unaccompanied children often have no choice but to work to meet their basic needs. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, in construction, in the food service industry, in agricultural labour or as street vendors in conditions amounting to forced labour. There appear to be organized systems within refugee camps for making these work arrangements. In May 2015, the Office of the United Nations High Commissioner for Refugees (UNHCR) reported that there were at least 1,500 children, 75 per cent of whom were Syrian, begging or working as street vendors in and around Beirut, working excessive hours to earn income for their families. These child labour situations often mask other forms of exploitation, such as trafficking for forced labour and sexual exploitation, and have negative consequences on children's health and education.
- 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
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 34
- Paragraph text
- Trafficking for the purpose of sexual exploitation is perpetrated not only by organized criminal groups. For instance, Syrian refugee women and girls may be trafficked for sexual exploitation through the practice of "temporary" or child and/or forced marriages. They may be forcibly married by their parents, who view such arrangements as a way of securing their daughters safety and ensuring the family's livelihood through the bride price. Once married, such wives are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they followed abroad (A/HRC/32/41/Add.1). Trafficking for forced prostitution through marriages with foreign men who then force their "brides" into prostitution in another country is also common.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 55
- Paragraph text
- In addition, she wishes to explore further the link between mixed migration flows and trafficking, in order to recommend effective measures, aimed at preventing exploitation or further exploitation of socially vulnerable people fleeing death, torture or other forms of violence such as domestic violence, or unemployment, destitution and extreme poverty. That includes exploring ways to increase opportunities for regular migration and family reunification, and for non-exploitative employment, with the aim of preventing trafficking by ensuring full respect of migrants' rights, in line with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 52
- Paragraph text
- For example, it is well established that failure to swiftly and accurately identify victims of trafficking effectively denies those persons the rights to which they are entitled. Victims of trafficking in persons for the removal of organs are almost never identified. As understanding of trafficking in persons for the removal of organs improves, the reasons why are becoming clear. Such trafficking is a highly clandestine activity with little opportunity for public exposure. Victims may not perceive themselves as such, in particular if they have broken laws by engaging in an agreement to sell an organ. They often fear stigmatization and will hide the fact of their surgery, even from close family members. A further challenge to identification lies in the fact that, unlike other forms of trafficking, trafficking in persons for the removal of organs is essentially a one-off event that can often be completed within a very brief period, reducing the opportunity for detection.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 58
- Paragraph text
- Another general principle of the Convention on the Rights of the Child that is specifically relevant in this context is that States are required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. In order to enable the child to enjoy such participation, it is crucial to guarantee that the child has effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. A study of children's experiences of reparations programmes reveals that in many cases, children "lack access to adequate information presented in a child-friendly format, often because they are not explicitly considered…". While the study did not particularly focus on trafficked children, it clearly points to the lacuna in the provision of relevant information to children who are entitled to seek reparations for the harms suffered.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 55
- Paragraph text
- The best interests of the child need to be carefully considered before deciding the course of action for trafficked children, particularly where it involves criminal proceedings. In many cases, the child's participation in criminal proceedings may not be in his or her best interest where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Thus, in determining whether a trafficked child should be involved in criminal proceedings, the benefits of such involvement should be carefully weighed against any negative consequences in order to ensure that it is indeed in the best interests of the particular child.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 34
- Paragraph text
- While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members. Further, trafficked women who are also victims of sexual and gender-based violence may also face additional obstacles in pursuing legal proceedings, as participation in such proceedings may expose them to re-victimization in the form of psychological harm, stigma and communal and family ostracism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 22
- Paragraph text
- Measures to address the root causes of trafficking, such as gender discrimination and inequality, also play a crucial role in ensuring effective restitution of trafficked women and girls. Where trafficked women and girls have been subjected to sexual and gender-based violence, they may face discrimination, social stigma, communal and family ostracism upon return to their families and communities, thereby resulting in their re-victimization. In these cases, "restitution of identity, family life and citizenship for them may require measures that target their wider communities - including attempts to subvert cultural understandings around the value of women's purity and sexuality".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity. In order to facilitate this process, States should ensure that trafficked children are equipped with information on all matters affecting their interests, including their situation, legal options, entitlements and services available to them, and processes of family reunification or repatriation. Further, States should ensure that trafficked children have access to legal, interpretative and other necessary assistance, provided by professionals trained in child rights and how to communicate with trafficked children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 24
- Paragraph text
- Pursuant to the Convention on the Rights of the Child, States are also required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. To this end, the child should be given effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. Further, the need to ensure active participation of children implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph