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Agenda setting of the work of the Special Rapporteur 2015, para. 51
- Paragraph text
- Finally, the Special Rapporteur will be guided by the best interests of the child in all actions concerning trafficked girls and boys, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies. She expects to look into existing identification, protection and assistance gaps in relation to children who have been trafficked for various purposes, with the aim of providing insights on issues such as the procedures for determining the best interests of the children, access to justice, provision of unconditional assistance and effective remedies including compensation for such children.
- 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
- Boys
- Children
- Girls
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 33
- Paragraph text
- Human rights due diligence also requires that investigations and prosecution adopt gender-specific measures that take into account the different assistance and protection needs of women and men, girls and boys and overcome discriminatory barriers to accessing remedies, such as by preventing the introduction of discriminatory evidence in proceedings to determine the victim's right to redress and ensuring that complaint mechanisms and investigations into trafficking in persons incorporate specific positive measures that enable victims to come forward to seek and obtain redress. States should also address other barriers that victims of trafficking in persons often face, including diplomatic immunity when domestic workers are in diplomatic households. Some countries, such as Switzerland and Belgium, have established a specific mediation mechanism to resolve labour conflicts arising between domestic workers and persons enjoying diplomatic privileges and immunities. Trafficked persons, as well as their families and relevant witnesses, should be protected against unlawful interference with their privacy and safety before, during and after relevant proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 20
- Paragraph text
- The present report does not focus on the prosecution of traffickers as a method of prevention, although the Special Rapporteur acknowledges that it is an integral element of the fight against trafficking and may play an important role in preventing trafficking through deterrence. There are, however, increasing reports that the overzealous focus on prosecution and law enforcement may adversely affect the human rights of trafficked persons, as observed in some States where trafficking is addressed through the criminalization or prohibition of prostitution. For instance, as a result of the law prohibiting the recruitment of persons for the purpose of prostitution, women and girls who have been trafficked for the purpose of commercial sexual exploitation are often arrested and charged with soliciting prostitution. One non-governmental organization documented several cases in the United States of America where victims of "domestic minor sex trafficking" were arrested by law enforcement officers, prosecuted, criminalized and revictimized by the justice system. In one of the cases, police in Las Vegas arrested a 12-year-old girl who had been picked up by a man in a truck for sexual services, while the police failed to locate and arrest the man. It must also be acknowledged that there is a limit to the deterrent effects of prosecution, owing to the complex nature of the crime, which makes it difficult to successfully prosecute and convict traffickers. For those reasons, the law enforcement approach should not be exclusively relied upon as a prevention method. In the view of the Special Rapporteur, measures to prevent trafficking will not be effective or sustainable unless the underlying social, economic and political factors that create an environment conducive to trafficking are addressed. Through this lens, the report sheds light on prevention measures to address the powerful and complex factors, along a supply/demand continuum, that increase vulnerability to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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