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The issue of trafficking in persons for the removal of organs 2013, para. 24
- Paragraph text
- In 2000, the flow of organs was believed to follow the modern route of capital: from the South to the North, from the Third World to the First World, from poor to rich, from black and brown to white, and from female to male. Data reviewed by the Special Rapporteur generally confirmed the key points of this assertion, except in relation to the gender aspect. The trade in organs sharply reflects economic and social divisions within and, most particularly, between countries. Recipients are generally independently wealthy or supported by their Governments or private insurance companies. Victims are inevitably poor, often unemployed and with low levels of education, rendering them vulnerable to deception about the nature of the transaction and its potential impacts. Available information indicates that, while trafficking in persons for the removal of organs can occur within a single country, it may involve legitimate regional cooperation or, most commonly, potential recipients travelling to another country for a transplantation that would be unlawful or otherwise unavailable at home (known as "transplant tourism"). Intermediaries, including brokers and health-care providers, arrange the recipients' travel and recruit "donors".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 60
- Paragraph text
- All States of origin, transit or destination have an international legal obligation to provide remedies for trafficked persons where an act or omission attributable to them breaches an international obligation. In the context of trafficking, which involves in most cases the conduct of private persons, it is important to recall that States are under an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. The right to an effective remedy is also a fundamental human right in itself and States have a duty to respect, protect and fulfil this right. While discussions on the right to an effective remedy for trafficked persons at the international level often focus on the right to compensation, it is stressed that other components, such as recovery, restitution, satisfaction and guarantees of non-repetition, are equally important aspects of a remedy. Viewed from this perspective, an effective remedy necessarily calls for individually tailored measures, based on a careful assessment of the best interests of that particular trafficked person.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- 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. 25
- Paragraph text
- Regarding recruitment regulation, the ILO launched in September 2016 the non-binding ILO general principles and operational guidelines for fair recruitment, in which it is reiterated that recruitment should take place in a way that respects, protects and fulfils internationally recognized human rights, including those expressed in international labour standards, such as prevention and elimination of forced labour. The guidelines enshrine principles related to the prohibition of recruitment fees, transparency in the terms and conditions of employment, the prohibition against confiscating workers’ identity documents, and contracts, among others. Another initiative, the International Recruitment Integrity System (IRIS) was launched by IOM in 2014. IRIS is a multi-stakeholder initiative for labour recruiters that offers a certification system to recognize ethical recruiters on the basis of an evaluation of their compliance with the IRIS Code of Conduct. Based on the ILO labour standards, the Guiding Principles on Business and Human Rights and good practices in the industry, the Code of Conduct also includes principles on the prohibition of charging recruitment fees to jobseekers, respect for freedom of movement, respect for transparency of terms and conditions of employment, respect for confidentiality and data protection and respect for access to remedy.
- 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
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 79
- Paragraph text
- The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedure, the Special Rapporteur will communicate cases to States, requesting clarification and action.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 54
- Paragraph text
- With a view to preventing all forms of trafficking, the Special Rapporteur also intends to develop, through research, thematic studies and other means, an understanding of new and emerging trends in trafficking, such as the consequences and impacts that conflicts and humanitarian crises may have on trafficking, on which there is a dearth of information.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 47
- Paragraph text
- From the inception of the mandate, both the Special Rapporteurs have clearly affirmed the right of victims of trafficking to access remedies for the harms committed against them. In country reports, both mandate holders have consistently examined the extent to which this right is protected by law and realized in practice. This has revealed that trafficked persons are frequently left without remedies or the support necessary to access them, a situation that exacerbates the risk of further human rights violations including through retrafficking. It was on the basis of insights gained through her country visits and information received through other activities, including her assessment of regional response mechanisms, that the Special Rapporteur decided to make effective remedies for victims the subject of more systematic and detailed attention. To that end she organized an expert consultation in 2010 that was followed by an online discussion forum and an interactive dialogue held during the seventeenth session of the Human Rights Council in the context of her thematic reports on the subject (A/HRC/17/35 and A/66/28). Regional consultations were held during 2013 and early 2014 to disseminate, discuss and refine a set of draft basic principles on the right to an effective remedy for trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 23
- Paragraph text
- With regard to national rapporteurs and equivalent mechanisms, the Special Rapporteur wishes to mention specifically the outcomes of the two consultative meetings she convened in 2013 and 2014 in order to foster partnerships and enhance collaboration, in fulfilment of General Assembly resolutions 59/166, 61/144, 63/156, 64/293, 68/186 and 68/192 and in follow-up to reports to the Human Rights Council by the Special Rapporteur and to the Economic and Social Council by the High Commissioner for Human Rights (see, for example, E/2002/68/Add.1, A/HRC/10/16 and Corr. 1 and A/HRC/26/37/Add.1) and directives of the European Union, including directive 12011/36EU. According to statements made by participants at the twenty-sixth session of the Human Rights Council and the responses to a questionnaire sent out by the Special Rapporteur, those outcomes were highly appreciated. The establishment of an informal network of such mechanisms from all over the world in order to address trafficking in persons consistently, exchange information and best practices and build on different national experiences was one of the main outcomes of those meetings. Other recommendations included the need for a global baseline study in order to better understand the roles of national rapporteurs and equivalent mechanisms and provide guidance for their work.
- 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
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 78
- Paragraph text
- All States should take steps to ensure that trafficking in persons for the removal of organs is fully and appropriately incorporated into national policies on trafficking in persons, including national action plans and national coordination and response mechanisms.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 28
- Paragraph text
- Some 100 illegal kidney transplants were allegedly performed at a hospital in an African country from 2001 to 2003; most of the recipients came from the Middle East. The organs were sourced from persons from Eastern Europe and South America. Investigations revealed the existence of an international organ trafficking syndicate and brought into public view a long-standing and flourishing transplant tourism business.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 26
- Paragraph text
- While persons travelling abroad to receive purchased organs come from many countries and from all regions of the world, "a heavier reliance on overseas transplantation and transplant tourism is believed to exist in Asia and the Middle East than in other regions". Recently, some countries have been identified as organ-importing, or "demand", countries in which criminal prosecutions for trafficking in persons for the removal of organs have been initiated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 22
- Paragraph text
- Available information on trafficking in persons for the removal of organs is incomplete and often unverified. Scholarly research in this area is not yet well developed and anecdotal reports from civil society organizations and the media remain the primary source of information. Part of the problem lies in the clandestine nature of the trafficking. Even more so than other forms of trafficking in persons, those involved in trafficking in persons for the removal of organs (including victims) have very little incentive to come forward to researchers and criminal justice authorities with information and evidence. Victims are also unlikely to be identified through the multitude of channels that are now used to identify other victims of trafficking such as those subject to forced labour or sexual exploitation. Health-care providers who end up treating persons who have obtained organs abroad may be inhibited from sharing information with the authorities owing to concerns over patient privacy, their own obligations of confidentiality, uncertainty as to whether any laws have been breached or, indeed, their own complicity in the arrangement. Furthermore, definitional problems and confusion contribute to poor reporting and analysis and render comparisons between countries and between transplantation practices extremely difficult.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102
- Paragraph text
- Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93
- Paragraph text
- The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 69
- Paragraph text
- The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well as in the United States and Nigeria. The Netherlands built on the experience by providing the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with training and technical assistance for detectives, prosecutors and border police. Another example of cross-border collaboration can be seen in Rwanda, whose national police Aanti-trafficking unit has collaborated with police in Burundi to rescue victims. In addition, Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train law enforcement officials, including by sending them abroad.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 32
- Paragraph text
- The Special Rapporteur is aware of the fact that each victim of trafficking has a unique story and experience, which makes it difficult to create categorical rules about identification of victims. Yet while there is no one clear formula for best identifying victims, a number of examples and already existing practices may provide guidance on the issue.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 75
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. The conditionality of temporary residence permits on cooperation with law enforcement authorities is the antithesis of the human rights-based approach to combating trafficking in persons and should be abolished.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 50
- Paragraph text
- Article 7 of the Palermo Protocol requires each State to consider adopting measures that permit trafficked persons "to remain in its territory, temporarily or permanently, in appropriate cases" and to "give appropriate consideration to humanitarian and compassionate factors" in doing so. At a very minimum, this should entail the provision of a reflection and recovery period to allow trafficked persons to regain physical and psychological stability and to reflect on available options. While an increasing number of States, particularly those in Europe, provide for a reflection and recovery period of varying duration, the majority of States still do not yet establish a reflection and recovery period as a legal right of trafficked persons. Even where it is established by law, trafficked persons often do not benefit from such a period, due to a number of obstacles such as the misidentification of trafficked persons, which results in immediate detention and deportation, and the uncertainty regarding the procedures to be followed in granting the reflection and recovery period. Further, a study on the application of the right to residence found that a reflection and recovery period is often confused with temporary residence status. This confusion is highly problematic, as temporary residence status is often tied to the willingness of trafficked persons to cooperate with law enforcement and testify against traffickers, which defeats the very purpose of a reflection and recovery period.
- 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
- 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. 69
- Paragraph text
- While the collection of credible statistical information on trafficked persons is essential to the understanding of all facets of the problem and to informing appropriate action, trafficking remains underreported and underdocumented.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- 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. 53
- Paragraph text
- Regional organizations have also successfully provided assistance to countries in drafting national anti-trafficking legislation. For example, COMMIT in the Mekong region has been particularly active in promoting the establishment of national legal frameworks to criminalize trafficking, provide for appropriate penalties, protect victims and support witnesses.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 79
- Paragraph text
- States should reinforce efforts to collect accurate data and statistics on trafficking in persons that will inform evidence-based comprehensive prevention strategies. Such collection and analysis of data on trafficking should extend beyond collecting general statistics and encompass careful research and analysis of the characteristics of individuals who are at higher risk of being trafficked, as well as profiles of traffickers and their modus operandi.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 78
- Paragraph text
- New technologies, in particular social networking, should be creatively and vigorously used and sustained to prevent and combat all forms of trafficking in persons, although it is recognized that its usage is limited in certain countries owing to the digital divide and access-related problems based on geographical location, age and gender differences.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 11
- Paragraph text
- The Special Rapporteur expresses gratitude to experts and stakeholders who provided valuable inputs to the development of the present report. In particular, she wishes to thank those who participated in the expert consultation held in Bratislava on 22 and 23 November 2010, and in the online discussion forum at the United Nations Global Initiative to Fight Human Trafficking website (UN.GIFT.HUB) from 2 to 21 February 2011. The summary note of the online discussion is included in the present report as annex II.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 39
- Paragraph text
- National legal frameworks governing organ transplantation can be extremely complex, addressing a wide range of matters, many of which affect, directly or indirectly, trafficking in persons for the removal of organs. The main issues are briefly described below.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 15
- Paragraph text
- The Special Rapporteur also takes this opportunity to acknowledge the great contribution bravely and generously made by victims of trafficking to the work of the mandate and expresses her hope that their voices continue to guide and shape the mandate into the future.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2014
- 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. 57
- Paragraph text
- Some States have preferred to encourage self-regulation among employment agencies. This was the approach in some European countries which later adopted tighter control and a system of licensing of agencies, for instance due to tragic incidents caused by trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 39
- Paragraph text
- In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 9
- Paragraph text
- In the present report she intends to provide information on various ways in which trafficking in persons and conflict interact and intersect. She will first focus on the context and will aim to identify the problem by looking at cases that illustrate different trafficking trends. She will map the legal and policy framework with a view to identifying weaknesses and opportunities. Lastly, she offers recommendations to address trafficking in persons in conflict and post-conflict situations in collaboration with States, civil society and the international community.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 41
- Paragraph text
- In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (see A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 33
- Paragraph text
- The basic principles on the right to an effective remedy for trafficked persons are firmly based on established rules of international law. While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis (see A/66/283, para. 12). Rather, the obligation to provide remedies, or at least access to remedies, to victims of trafficking is set out in a number of relevant instruments and has been widely recognized by United Nations bodies and regional courts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph