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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
The right to an effective remedy for trafficked persons 2011, para. 73
- Paragraph text
- States should develop guidelines on the appropriate form, content and language of the information to be provided to trafficked persons and ensure that they properly apply the guidelines. In such guidelines, States should ensure that information is easily accessible in a variety of forms and available in a language that trafficked persons understand, not only from a linguistic perspective but also cultural and socio-economic perspectives.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 44
- Paragraph text
- In terms of the language to be used, it is crucial that information about trafficked persons' rights and the procedures for obtaining remedies is clearly explained in a language that the trafficked person understands. In this regard, interpreters have a crucial role to play, as many trafficked persons may not understand the language spoken in the country in which they wish to seek remedies. While the Palermo Protocol does not expressly require States to provide for interpretation or translation assistance, it is one of the essential requirements to effectively guarantee the right of trafficked persons to seek remedies, and the availability of such assistance should not be limited to judicial proceedings. Furthermore, the language used to explain the rights and procedures to seek remedies must be easily understood by trafficked persons of all educational and socio-economic backgrounds. In a number of States, law enforcement authorities such as police and prosecutors are obliged by law to inform victims of crime of their rights, including the right to claim compensation. While the Special Rapporteur recognizes this legal requirement as a good practice, it has been reported that it is not well implemented in practice or the information often does not effectively reach the victims due to the complexity of the language used by the law enforcement authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 42
- Paragraph text
- States should ensure that the best interests of the child are a primary consideration in all decisions or actions that affect trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- 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
Agenda setting of the work of the Special Rapporteur 2015, para. 21
- Paragraph text
- Child victims of trafficking need specific assistance, protection and support that often differ substantially from those given to adults and they require child-specific and child-centred measures in relation to identification, protection and assistance that are based on the principles and provisions of existing human rights law (A/HRC/26/37/Add.2, paras. 39-42). In particular, appropriate procedures must be put in place to assess the best interests of the child in every case, before any decision is made regarding the child concerned, including assistance measures and eventually repatriation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 20
- Paragraph text
- As restitution is aimed at restoring the situation that existed prior to the violation, measures of restitution in the context of trafficked persons may include, for example: the release of the trafficked person from detention (whether such detention is imposed by traffickers, the State or any other entity); return of property such as identity and travel documents and other personal belongings; recognition of legal identity and citizenship; safe and voluntary repatriation to the country of origin; and assistance and support necessary to facilitate social integration.
- 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
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 28
- Paragraph text
- Social inclusion options for victims of trafficking, such as access to housing, social protection, health care, education and employment, are vital in countries of destination, transit and origin. In most cases, the capacity of countries to offer viable long-term social inclusion options for victims, in particular those returning to their country of origin, is limited owing to factors such as poverty, unemployment and weak social structures. On the other hand, in countries of destination social inclusion is hampered by a number of factors, including restrictive migration policies and poor labour market regulations. As a result, in many countries trafficked persons, even after being identified as such and having undertaken a rehabilitation and reintegration process, are not allowed to work or regularize their residence status; rather, they are repatriated at the end of criminal proceedings. In the absence of viable social inclusion options for victims of trafficking, it will be difficult to break the cycle of trafficking and retrafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators. These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations. Guarantees of non-repetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- Further, returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. In this case, it would be difficult to justify that "restitution" in a traditional sense alone would be an appropriate, victim-centred remedy. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- 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
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- The Special Rapporteur also noted in the Human Rights Council report that returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
14 shown of 14 entities