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Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 38
- Paragraph text
- As mentioned above, unethical recruitment practices and how they represent a risk of forced labour and trafficking in persons are not widely acknowledged within the private sector or among the stakeholders that participate in the standard-setting process. While some initiatives, such as the Ethical Trading Initiative or Social Accountability International, were created to uphold a strong labour rights component, others, such as the Marine Stewardship Council, were established primarily with an environmental focus. As a result, the level of sophistication in developing indicators that can effectively account for companies’ risk practices in this area varies from one initiative to another. The differences among initiatives regarding their original motivation may not only have an impact in the standard-setting and revision process but may also affect a multi-stakeholder initiative’s success in establishing an assurance programme that effectively monitors businesses compliance with a trafficking standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 19
- Paragraph text
- In the international human rights context, commissions of inquiry are independent investigative commissions created in response to human rights violations including, but not limited to, torture, genocide, extrajudicial killings, disappearances and incidents involving multiple or high-profile killings (A/HRC/8/3, para. 12). Most commissions of inquiry are established at the initiative of national Government authorities. International experts may be part of their composition. In the present report, commissions of inquiry are defined as national commissions of inquiry and truth commissions, as well as investigations undertaken by national human rights institutions. The quest for accountability and victims' rights are common denominators for commissions of inquiry and truth commissions. While a commission of inquiry is likely to be established at the height of violence, a truth commission may only be established once a conflict is over. Both national and international commissions of inquiry often result from concerted demands by civil society or the international community. International commissions of inquiry tend, however, to have comparatively briefer temporal mandates which seek to identify patterns of violations during a protracted period of armed conflict.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 52
- Paragraph text
- In Georgia, the Special Rapporteur received allegations that victims were encouraged by the prosecution to agree to plea-bargaining agreements without acknowledging their ill-treatment by the police.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- 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. 19
- Paragraph text
- Under the Modern Slavery Act, companies with a total turnover of over £36 million conducting business, or part of a business, in any part of the United Kingdom are required to publish an annual slavery and human trafficking statement to disclose the steps the organization has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its own business. Companies may also provide a statement that the organization has taken no such steps. The statement may include information on the company’s structure and its supply chains, its policies and due diligence processes to combat human trafficking and slavery, specific parts of its business and supply chains that may be exposed to higher risks and steps taken to mitigate such risks, the effectiveness of such efforts, and training made available for its staff. In addition, the statement must be signed by the highest level of management. The duties imposed under the Modern Slavery Act can be enforced in civil proceedings undertaken by the authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 65
- Paragraph text
- Respondents to the questionnaire noted that the mandate had also directly contributed to confirming and disseminating the obligations of States with respect to their response to trafficking. The mandate has also been very clear that the obligations of States extend beyond those that relate immediately to victims. For example, in relation to the responses of the criminal justice system, the Special Rapporteur has confirmed the obligation on all States to investigate and prosecute trafficking, as well as the obligation to protect the rights of suspects and the right to a fair trial. In their country mission reports, the mandate holders have also highlighted the link between corruption and trafficking, noting that States are required to act in preventing such corruption and dealing with it once it is uncovered. More broadly, and in particular during the tenure of the current mandate holder, the mandate has examined the implications of the legal obligation on States to take steps to prevent trafficking, detailing actions that should be taken within the framework of a human rights approach (A/HRC/10/16, paras. 45-47).
- 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
- N.A.
- Year
- 2014
- 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. 60
- Paragraph text
- Supply chains and public-private partnerships. The mandate has maintained a strong focus on non-State actors and the role they can or should play in preventing and responding to trafficking. Information about trafficked labour in the supply chains of major industries, including agriculture, information and communications technology, fishing, garment-making and textiles, has alerted the mandate to the importance of engaging directly with business corporations. Over the past years, the Special Rapporteur has taken up this difficult issue, undertaking research and holding wide-ranging consultations on trafficking in global supply chains. In a dedicated report she outlined a series of clear and practical recommendations for businesses and States to help them eliminate trafficking in the supply chain (A/67/261). This provided the basis for further consultations with business experts that resulted in a draft set of benchmarks and indicators for ensuring that supply chains are free of trafficking. That draft was presented to the Human Rights Council at its twenty-third session (A/HRC/23/48/Add.4, appendix I) and the second United Nations Forum on Business and Human Rights in 2013.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- 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. 31
- Paragraph text
- Recommendations and checklists. The Special Rapporteur has actively sought to promote normative clarity around trafficking and help flesh out the substantive content of key rules and obligations where that is required. This work has been firmly based on existing international standards, as recognized in the major human rights treaties and the specialist trafficking instruments. A major output of this method of work is a set of draft basic principles on the right to an effective remedy (A/HRC/17/35, annex I), developed after extensive consultation with stakeholders in all regions, which seek to bring clarity to the concept of the right to an effective remedy and set out the factors to be taken into account when this right is applied to trafficked persons. The Special Rapporteur has also created a draft checklist of indicators and benchmarks which businesses can use to assess the risks of human trafficking in their supply chains (2012). The checklist was developed and revised through consultations and is intended to build on and complement existing initiatives, including the Guiding Principles on Business and Human Rights.
- 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
- N.A.
- 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. 22
- Paragraph text
- In the Recommended Principles and Guidelines on Human Rights and Human Trafficking, the United Nations High Commissioner for Human Rights recommended a set of principles and guidelines to put the human rights of trafficked persons at the centre of all efforts to prevent and combat trafficking and protect, assist and provide redress to victims. The document provides specific recommendations on addressing demand as part of prevention strategies. It highlights the importance of addressing demand as a root cause of trafficking and raising the effectiveness of law enforcement to discourage demand, and recommends analysing the factors that generate demand for exploitative commercial sexual services and exploitative labour and taking strong legislative, policy and other measures to address these issues. Principle 2 provides that States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 20
- Paragraph text
- In addition to anti-trafficking laws and other related laws that are aimed at punishing perpetrators of human trafficking in general, some States have adopted creative laws and mechanisms directed at businesses to better monitor their conduct. In Brazil, the Ministry of Labour and Employment maintains a public record of individuals and corporations identified by labour inspectors to be using or to have used slave labour. Once placed on what is known as the "dirty list", the individuals and corporations face financial sanctions, including fines and denial of national subsidies, tax exemptions and loans from State banks. They also automatically have their business dealings suspended by other companies that have voluntarily signed the National Pact for the Eradication of Slave Labour. The Ministry of National Integration has formally recommended that private-sector lenders deny financing to those on the list. The list currently contains the names of almost 300 employers. It is updated biannually and those listed may be removed only if they have not repeated the offence and have paid all fines and labour and social compensation. The list is a good example of how States may name and shame the companies implicated in human trafficking and slavery, and sanction their behaviour.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 31
- Paragraph text
- The systematic avoidance of human rights language, frameworks and institutions in the context of Bank projects on gender-based violence is replicated in most other areas of its activities, although there have been some exceptions over past decades in areas such as HIV/AIDS and some gender-related projects.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 26
- Paragraph text
- Civil society organizations also expressed concern at the weaknesses of the current legal framework, the “added value” of a new treaty, practical issues that should be emphasized in a new treaty, sensitive issues relating to its negotiation and, finally, practical options for improving the implementation of the prohibition of gender-based violence which would not necessarily involve negotiating a new treaty.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 61
- Paragraph text
- Human trafficking is a serious crime under international law, but in the present circumstances it is also a low risk, high profit organized crime. As such, States noted that monitoring the illicit financial flows it generates for criminal networks and terrorist groups engaged in cross-border transactions could be a means to address impunity, although most transactions appear to rely on non-formal financial systems.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 77
- Paragraph text
- The Special Rapporteur will also reach out to the private sector, engaging with businesses and employers in particular, to look out for possibilities for public-private partnerships that will address the demand for cheap labour in the private sector, unethical recruitment practices and other practices relating to the elimination of trafficking in supply chains.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 76
- Paragraph text
- In carrying out her mandate, the Special Rapporteur will consult civil society and non-governmental organizations working to combat trafficking, as well as persons and institutions with particular expertise (such as academia and certain professional categories). The Special Rapporteur will continue to consult and partner with a wide range of national and local organizations, especially during her country visits.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 44
- Paragraph text
- In the Greater Mekong subregion, the Coordinated Mekong Ministerial Initiative against Human Trafficking, comprising six States (Cambodia, China, the Lao People's Democratic Republic, Myanmar, Thailand and Viet Nam), has been addressing trafficking issues since 2004 through subregional plans of action, task forces at various levels and other mechanisms.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 38
- Paragraph text
- Within the framework of the League of Arab States, the Arab Initiative to Build National Capacities to Combat Human Trafficking in the Arab Countries was launched in March 2010 by the Council of Arab Ministers of Justice. The Initiative is aimed at combating trafficking in persons through developing the criminal justice system in Arab States, for example by the capacity-building of law-enforcement bodies, prosecutors, members of the judiciary and the media.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 37
- Paragraph text
- Due diligence in human rights has tended to be quite State-centric. However, increasingly in human rights, due diligence also shapes or influences the activities of inter-State and non-State entities. The transnational nature of human trafficking means that in practice States often cannot meet their due diligence obligations to prevent, investigate and punish trafficking, and assist victims, without cooperating with other countries, whether through existing mechanisms (e.g., mutual legal assistance or extradition agreements or cooperative arrangements mandated by the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime) or through new forms of cooperation that are developed to address the demands of due diligence in a specific trafficking situation. The territorial and extraterritorial application of human rights - including the due diligence principle - means that in some cases States may have concurrent, and potentially overlapping obligations of due diligence for trafficking in persons. In such cases, States should utilize all means available to coordinate and cooperate in anti-trafficking efforts in ways that are also consistent with their other obligations of international cooperation (e.g., under the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime).
- 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
- N.A.
- 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. 73
- Paragraph text
- At the national level. The mandate has repeatedly called on States to strengthen their implementation machinery and has sought to provide practical guidance to States on implementing a rights-based approach. Respondents to the questionnaire identified this as a key contribution of the mandate. The Special Rapporteur has consistently advocated for the establishment of national rapporteurs or equivalent mechanisms in countries that do not yet have such a position. Where they do exist (principally, at present, in Europe), independent, appropriately tasked national rapporteurs have generally played an important role in monitoring the national situation; facilitating collaboration between different agencies and between the Government and civil society; and overseeing the collection and analysis of data on the national response and on trafficking trends. Their central role was confirmed at a consultative meeting in 2013 convened by the Special Rapporteur, which brought together, for the first time, national rapporteurs, from 19 countries. A follow-up meeting is scheduled for mid-2014. Of course, the national rapporteur mechanism is just one way for States to approach the challenge of compliance. The Special Rapporteur has encouraged States to consider additional paths to this end, including the development of national plans of action against trafficking and the establishment of broad-based consultation groups to advise and support implementation.
- 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
- N.A.
- Year
- 2014
- 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. 61
- Paragraph text
- While trafficking in persons for the removal of organs is specified as a form of exploitation related to trafficking in the international legal definition, until very recently the mandate did not deal substantively with this issue. This reflected the paucity of reliable information on the practice and uncertainty around its true extent. However, in recent years, there have been a series of reputable reports documenting systematic trafficking in persons for the removal of organs in several different regions of the world and major prosecutions in Africa and Europe. Anecdotal reports of this form of trafficking in persons were also provided to the mandate in the context of recent country visits. Consistently with the commitment of the mandate to tackling difficult, emerging and under-researched issues, the Special Rapporteur focused her attention on trafficking in persons for the removal of organs, with a view to contributing to the international conversation at a pivotal point. She reported on trafficking in persons for the removal of organs on the basis of an expert background paper, peer-reviewed by an informal group of transplant specialists, ethicists and researchers. (A/68/256).
- 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
- N.A.
- Year
- 2014
- 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. 48
- Paragraph text
- Applicable legal framework. One of the main purposes of the work of the Special Rapporteur on effective remedies for victims has been to help clarify the relevant legal framework and by so doing, to provide guidance to practitioners and help address the substantial gap between the provisions of international law in this area and what happens in practice. In her report to the General Assembly on the issue, the Special Rapporteur referred to the established legal doctrine requiring a State to remedy a wrong where an act or omission is attributable to that State and constitutes a breach of its obligations (A/66/283, para. 12). While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis. 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. Its essence is captured in principle 1 of the draft basic principles on the right to an effective remedy for trafficked persons: "Trafficked persons as victims of human rights violations have the right to an effective remedy for harms committed against them."
- 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
- N.A.
- Year
- 2014
- 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. 42
- Paragraph text
- Both mandate holders have taken a strongly thematic approach to their work, actively seeking to identify cross-cutting concerns and aspects and manifestations of trafficking that are highly relevant to all States and have not yet been subject to detailed consideration. This is especially appropriate given that trafficking, as now understood, is a new issue for many Governments and for the international community as a whole. In the present section, the Special Rapporteur has identified five areas of the work that have emerged as major themes of importance to the anti-trafficking movement as a whole, namely: (a) the right of victims to assistance, protection and support; (b) the right of victims to remedies; (c) human rights in the criminal justice response; (d) the prevention of trafficking - identifying the core strategies; and (e) trafficking in persons for the removal of organs. Some of these have been regularly considered throughout the mandate in the context of annual reporting and/or country visits. Others have been subject to separate, detailed consideration. It should be noted that the breadth of the work of the Special Rapporteur is considerable and the present report does not include all substantive areas dealt with by the mandate holders.
- 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
- N.A.
- Year
- 2014
- 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. 28
- Paragraph text
- Thematic studies and reports. Thematic studies have been a major focus of the work of the Special Rapporteur, enabling the mandate to make substantial and (according to the responses to the questionnaire) highly appreciated contributions to poorly understood or new areas of concern. The topics for study have been carefully chosen on the basis of their relative importance and urgency, as well as the capacity of the Special Rapporteur to make a contribution to shaping international standards and promoting awareness in the chosen area. Issues covered in this way have included measures to discourage demand (2006 and 2013); trafficking for forced marriage (2007); victim identification, protection and assistance (2009); regional and subregional cooperation in promoting a human rights-based approach to trafficking (2010); prevention of trafficking (2010); the right to an effective remedy for trafficked persons (2011); the administration of criminal justice in the cases of trafficked persons (2012); trafficking in supply chains (2012); and trafficking in persons for the removal of organs (2013). In accordance with the mandate issued by the Human Rights Council, particular emphasis has been placed on developing practical solutions to the issues under consideration.
- 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
- N.A.
- 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. 50
- Paragraph text
- Another example, as highlighted by the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is the experience of Brazil, where to address the pattern of exploitation known as "slave labour" in farming industry the Government initiated a series of measures, including the launching of 2005 National Pact for the Eradication of Slave Labour, which businesses were encouraged to join. The Pact was supplemented by a code of conduct that all signatories of the Pact are required to respect. That Special Rapporteur has recommended that the National Pact be extended to cover the textile industry of Brazil, as cases of forced labour have also been found there (A/HRC/15/20/Add.4, para. 123). By 2011, the Pact's website reported that it had been backed by more than 220 businesses, business organizations or civil society organizations, with a collective turnover worth more than 20 per cent of country's gross domestic product. Nevertheless, despite evidence that numerous companies have stopped doing business with suppliers on the basis of their commitments under the Pact, there has been a notable lack of engagement by companies whose business focuses on some of the commodities linked most closely with slave labour, such as cattle-ranching and the production of beef, soya and cotton.
- 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
- 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. 40
- Paragraph text
- In the course of her country visits and from other sources, the Special Rapporteur has heard about a variety of other measures taken by States to discourage demand. She has learned that the measures needed to address direct and derived demand are usually different. In the case of direct demand (which inherently seeks the services of individuals who have been trafficked), legislative or other measures that have a direct influence on purchasers' decisions are appropriate. However, when only some of the identical services or products available to purchasers have involved the exploitation of persons, a different approach is appropriate: one which moves the focus from final purchasers onto whoever makes key purchasing decisions earlier in the supply chain and is in a position to discern which services or products involve human trafficking and which do not. This approach, which seeks to influence the purchasing decisions of such intermediaries by legislation or other measures, often introduces an element of regulation into the supply of services or products. Other States have adopted legislation or policy to regulate recruitment and employment in sectors where, in the absence of such regulation, trafficking is deemed likely to occur.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- 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. 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
The issue of trafficking in persons for the removal of organs 2013, para. 50
- Paragraph text
- The legal framework around trafficking in persons can also be effectively leveraged to tackle the phenomenon of transplant tourism by extending the jurisdictional reach of national criminal laws. While a State party to the Trafficking in Persons Protocol is required to exercise jurisdiction over trafficking in persons for the removal of organs when the offence is committed in its territory (see art. 15 (1) of the United Nations Convention against Transnational Organized Crime), it may choose to extend that jurisdiction to situations where the offence is committed outside its territory against or by one of its nationals (see art. 15 (2)). Other central obligations that derive from both the Protocol and the Convention include an obligation to provide appropriate assistance to and protection of victims, including measures for physical, psychological and social recovery (art. 6); an obligation to establish policies, programmes and other measures to prevent and combat trafficking and protect victims (art. 9); an obligation of cross-border cooperation between law enforcement agencies and an obligation on States to strengthen capacity for such cooperation (art. 10); and an obligation to strengthen border controls to prevent and detect trafficking in persons for the removal of organs (art. 11).
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 31
- Paragraph text
- A very different picture of organ "trade" involves the harvesting by the State of organs of persons who have been or are being executed. Allegations of such practices have been levelled at a number of countries, including in East Asia, from where consistent and credible evidence has emerged.
- 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
- N.A.
- 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. 86
- Paragraph text
- Lastly, the Special Rapporteur notes that, since traffickers often operate on an international basis, their assets may be located in another State than the one where trafficking is organized. She therefore urges States to cooperate to develop and enforce laws on international asset recovery.
- 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
- N.A.
- 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. 85
- Paragraph text
- A better alternative would be for confiscated assets to be allocated specifically to programmes supporting victims of trafficking; for example, the Government of Australia has committed funds allocated under the Proceeds of Crime Act from confiscated assets of criminals to key non-governmental anti-trafficking organizations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph