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Agenda setting of the work of the Special Rapporteur 2015, para. 63
- Paragraph text
- Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, and call on States to ensure that access to those measures shall not depend on the victim's capacity or willingness to cooperate in legal proceedings. When looking into remaining gaps in the conceptualization of the right to an effective remedy and the operationalization of the basic principles at the national level, the Special Rapporteur expects to further delve into issues such as the possible types of trafficking exploitation covered by the principles, what the barriers to access to remedy are, whether the nature of the State responsibility affects the content of the reparation, the available forms of reparation, the accessibility of compensation funds to victims and the conditions for the protection of victims' rights in out of court settlements .
- 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
- All
- Year
- 2015
- 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. 71
- Paragraph text
- While extradition is instrumental in ensuring the efficient prosecution of suspected traffickers, thereby upholding the interests of both the victim and the State, the Special Rapporteur notes the importance of ensuring a rights-based approach to extradition, which would require consideration of the human rights implications of action at all stages of the extradition process. Such safeguards include an evidentiary test to protect individuals from being extradited on the basis of groundless allegations and/or from requests made in bad faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin or political opinions. The Special Rapporteur also emphasizes the fact that the right to a fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil and Political Rights, must apply to all extradited persons. Similarly, the principle of non-refoulement prohibits the return of a person where she or he would suffer discrimination or where this would result in the extradited individual being subjected to torture or cruel, inhuman or degrading treatment or punishment.
- 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
- All
- Year
- 2012
- 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. 109
- Paragraph text
- States should abolish and replace employer sponsorship systems that bind every worker to an employer as a sponsor and that create a situation of vulnerability that favours abusive and exploitative work relationships leading to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- 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. 87
- Paragraph text
- Assurance providers and auditing companies should consider sharing aggregated data on audit results with governments and other relevant stakeholders to support government-level strategies in combating trafficking in persons for labour exploitation that are based on empirical evidence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- N.A.
- 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. 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. 71a
- Paragraph text
- [The United Nations should:] Continue its effort to implement and reinforce the United Nations zero- tolerance policy on sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of 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
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70b
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure that mandatory trainings for peacekeeping personnel include the prevention of trafficking, the identification of situations involving trafficking or risks of trafficking, and assistance to and protection of victims and potential victims, in cooperation with 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70a
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Waive the immunity of peacekeepers as soon as indications of their involvement in trafficking situations or exploitation have been discovered and prosecute perpetrators without delay;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2016
- 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. 65e
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Cooperate with Government and actors involved in the short- and long- term response to conflict, including with respect to the social integration of victims of trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 76a
- Paragraph text
- [The United Nations should:] Continue its efforts to implement and reinforce the United Nations zero-tolerance policy for sexual exploitation and abuse by peacekeepers and ensure the protection of victims, including by negotiating with the host country the possibility of granting subsidiary jurisdiction to hear and adjudicate claims of sexual abuse and exploitation, and provide compensation to victims of 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
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75b
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure that mandatory training for peacekeeping personnel includes the prevention of trafficking, the identification of situations involving trafficking or risks of trafficking and assistance to and protection of victims and potential victims, in cooperation with 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75a
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Waive the immunity of peacekeepers as soon as indications of their involvement in trafficking situations or exploitation have been detected, and prosecute perpetrators without delay;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- 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
Trafficking in persons in conflict and post-conflict situations 2016, para. 70d
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include prevention of trafficking in persons as part of life-saving protection activities from the outset of a conflict/crisis;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70b
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Share and apply measures, methodologies and indicators to address trafficking in persons as early as possible and prevent such trafficking from the outset of a conflict/crisis;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 62
- Paragraph text
- Trafficking in persons in conflict and post-conflict situations is not just a possible result, but rather a consequence of crisis and conflict on a regular basis, and it must therefore be seen and addressed as a systemic outcome of conflict. Conflict-related trafficking is rarely detected, however, and even less addressed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 66
- Paragraph text
- Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. With regard to the private sector, the key role that business actors can play in removing trafficking in persons from the supply chains is widely acknowledged.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 59
- Paragraph text
- Comprehensive assistance and support to victims and potential victims of trafficking are crucial for an effective fight against trafficking in persons on the one hand, and are instrumental to accessing justice and effective remedies on the other hand. Not all trafficked and exploited persons will be able or willing to report their exploiters or participate in legal proceedings against them. All victims should, however, be enabled to do so if they wish.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 58
- Paragraph text
- The Special Rapporteur believes that the human rights of victims of trafficking should be placed at the centre of protection measures taken to address trafficking. That includes the protection of victims from further exploitation and harm, and their access to adequate assistance, support and remedies.
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 53
- Paragraph text
- The Special Rapporteur wishes to underline that trafficking should be seen and tackled not only as a crime, but as an economic and social phenomenon, linked with global economic trends. She believes that an inclusive and holistic approach to the prevention of trafficking in persons requires addressing the systemic/underlying social factors that create vulnerabilities in victims and potential victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
- 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. 84
- Paragraph text
- In the context of trafficking in persons and the exploitation of persons, "demand" refers to the desire and preference for a particular commodity, labour or service, without respect for international human rights law, including fundamental labour rights. This desire is usually expressed in the form of money which supplies income for traffickers and their associates. Discouraging such demand requires measures to address the nature and extent of the exploitation of trafficked victims (primarily in the places where they are exploited), as well as measures to address the social, cultural, political economic, legal and development factors that shape demand and influence or enable the trafficking process. This can be done by influencing the purchasing decisions of individuals and business entities, who contribute, wittingly or unwittingly, to the income of traffickers and their associates. States have a responsibility to act with due diligence to prevent trafficking in persons, including taking measures to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
- 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. 53
- Paragraph text
- The Special Rapporteur has noted that leaving the labour market to regulate itself in circumstances where substantial numbers of people are exposed to exploitation, in informal, unprotected and low-status income-generating activities, creates a vacuum in the rule of law, which is likely to be filled by unprincipled employers and criminals. Evidence to support this hypothesis is available from several regions where trafficking in persons and the exploitation of persons have been reported as disproportionately high in the sectors of the economy that have been established relatively recently, where there is a lack of established procedures for collective bargaining, or that, for various reasons, have escaped the scrutiny of labour inspectors or other law enforcement officials. Recent examples of emerging sectors in which trafficking in persons and exploitation of persons have been reported include the garment industry, mushroom and other agricultural production in various parts of Europe, and the picking of wild berries for the cosmetic industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
- 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. 28
- Paragraph text
- A number of regional legal instruments include provisions on discouraging demand. Article 5 of the Charter of Fundamental Rights of the European Union specifically prohibits trafficking in human beings. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims includes specific provisions on discouraging demand. Furthermore, article 18, paragraph 1, of the Directive provides that "Member States shall take appropriate measures, such as education and training, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings", and article 18, paragraph 4, says that "in order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall consider taking measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2."
- 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
- All
- N.A.
- Year
- 2013
- 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. 24
- Paragraph text
- The United Nations Global Plan of Action to Combat Trafficking in Persons includes several provisions suggesting that action be taken to discourage demand, including one referring to the need for "specific measures at national level to combat trafficking for labour exploitation and strive to educate consumers on those measures" (art. 22).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
- 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