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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
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 36
- Paragraph text
- Some examples of industry coalitions are the Electronic Industry Citizenship Coalition and the Business Social Compliance Initiative of the Foreign Trade Association. The Coalition brings together companies such as Apple, HP and Intel and has developed a code of conduct and audit scope that includes extensive references to issues such as unethical recruitment practices. The Business Social Compliance Initiative is a cross-sectoral initiative that has also developed a code of conduct and an implementation plan, including auditing, a capacity-building programme for businesses, including for suppliers, and alternative stakeholder engagement activities. As mentioned above, standards and an assurance programme alone are not sufficient to embed the standards into a company’s business model. Thus, many multi-stakeholder initiatives and industry coalitions develop, in parallel, capacity-building programmes and other awareness-raising activities for their stakeholders to help promote the standards and their implementation.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 12
- Paragraph text
- The report, which includes a number of examples of human trafficking and conflict taken from actual conflict and post-conflict situations, has also benefited from the input of Members States during the open debate of the Security Council on "Conflict-related sexual violence: responding to human trafficking in situations of conflict-related sexual violence", held on 2 June 2016, during the presidency of France, at which the Special Rapporteur made an intervention (S/PV.7704). The statements delivered by Member States reflect the urgent need felt by the members of the Council to address the issue of human trafficking for the purpose of sexual exploitation related to conflict. The expert has also been encouraged by the appointment, on 16 September 2016, of Nadia Murad Basee Taha as Goodwill Ambassador for the dignity of survivors of human trafficking, the first time that a survivor of atrocities has been appointed to such a position. Ms. Taha briefed the Council on the atrocities, including trafficking in persons faced by the Yazidi, particularly women and children, at its meeting on 16 December 2015, at which the Council addressed the issue of human trafficking in conflict for the first time.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 24
- Paragraph text
- Communication and engagement with stakeholders. Trafficking in persons is a critical issue for every country, affecting many different groups and cutting across multiple areas of legal and illegal activity. The range of current and potential stakeholders is accordingly very wide. The first mandate holder recognized this aspect of her work from the outset (E/CN.4/2005/71, paras. 41-47) and made consistent efforts to extend her engagement beyond Governments and international agencies to include the full range of civil society organizations working on the issue, as well as those engaged in related areas, such as the rights of migrants and violence against women. Her participatory and collaborative approach was continued and extended by the current mandate holder, who declared an intention to "reach out, listen, learn and share good practice around the world" (A/HRC/10/16, para 62). She has put this commitment into practice through regular, broad-based regional consultations aimed at securing expert input into her work while improving the understanding of the mandate amongst interlocutors.
- 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
- Persons on the move
- Women
- 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. 39
- Paragraph text
- United Nations agencies have also summarized the measures they perceived to be needed to discourage demand, noting that: Examples of measures to address the demand side are measures to broaden awareness; attention and gender-sensitive research into all forms of exploitation and forced labour and the factors that underpin its demand; to raise public awareness on products and services that are produced by exploitative and forced labour; to regulate, license and monitor private recruitment agencies; to sensitize employers not to engage victims of trafficking or forced labour in their supply chain, whether through subcontracting or directly in their production; to enforce labour standards through labour inspections and other relevant means; to support the organisation of workers; to increase the protection of the rights of migrant workers; and/or to criminalize the use of services of victims of trafficking or forced labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 67
- Paragraph text
- Below, the Special Rapporteur offers recommendations to States, medical and transplantation professionals and the international community.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- 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. 32
- Paragraph text
- Multi-stakeholder initiatives are organizations that have established voluntary sustainability standards, often for a specific commodity or industry sector. They offer a common label for companies that commit to align to the principles set by the standard and that agree to be monitored under the relevant assurance programme under which their commitment to and compliance with the standards are verified. The voluntary set of standards developed under the initiative often covers a wide spectrum of sustainability concerns, ranging from environmental risks and corruption to working conditions and labour rights. Examples of the initiatives identified under the project include the Forest Stewardship Council, Fairtrade, the Aquaculture Stewardship Council, UTZ and the Aluminium Stewardship Initiative, which are also part of an umbrella organization, the ISEAL Alliance, created to strengthen these standards systems by improving their impacts, defining and advancing credibility, increasing their adoption and proliferation and improving effectiveness.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- 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. 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
Trafficking in persons in conflict and post-conflict situations 2016, para. 64
- Paragraph text
- A range of conditions particular to or commonly associated with situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved in cross-border trafficking of arms, drugs and other illicit products that have the capacity to expand their activities into trafficking in persons and are therefore in a position to take advantage of additional opportunities to generate profit. A weak or non-existent justice and protection system that perpetuates impunity fails to protect the most vulnerable groups and individuals of society from exploitation. Other factors include a high prevalence and toleration of violence that extends beyond armed forces to include communities and families, as well as pressure to move, leading to dangerous migration decisions. Failure to consider anti-trafficking responses within humanitarian or peacekeeping efforts at the outset of conflicts further increases the vulnerability of trafficked persons or potential victims 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 57
- Paragraph text
- Furthermore, States should establish or adapt existing mechanisms and procedures designed to ensure victim protection for the purpose of detecting trafficking cases or the risk of trafficking in all locations where there are large influxes of migrants and refugees, including hotspots, reception centres and administrative detention centres for migrants. While existing referral mechanisms are generally based within or related to police operations, detection and protection of trafficking victims or people exposed to a high risk of trafficking as a result of their attempts to flee conflict should rather be based on procedures established in close cooperation between social authorities and civil society organizations. States have an obligation to detect cases of trafficking and to ensure the full implementation of national legislation providing victims with assistance and support, and such support should not be made conditional on the initiation of criminal proceedings, the legal qualification of the crime or victims' cooperation with law enforcement authorities. Moreover, States should consider extending a number of measures, especially by providing assistance in securing employment, to people at risk of trafficking and exploitation.
- 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
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 32
- Paragraph text
- Conflict-related sexual violence takes many forms. Women and girls seeking to survive in conflict zones are often compelled to exchange sexual services and even to "marry" for food, shelter, protection or safe passage. UNHCR has affirmed that women in conflict situations are vulnerable to a range of discriminatory practices that exacerbate their dependence (for example, receiving smaller food rations or not having ration cards or other identity documents in their own name) and are disproportionately exposed to sexual violence. For women and girls abducted into military service, sexual assault is often a feature of their experience. Rape has been used as a tactic of war to humiliate and weaken the morale of the enemy, ethnically cleanse the population, destabilize communities and force civilians to flee. Widespread or systematic sexual assault by government and/or opposition or rebel forces has been documented in multiple modern conflicts, including in the reports of the Secretary-General on conflict-related sexual violence, issued annually since 2009, in which he has identified incidents and patterns of sexual violence in conflict-affected countries employed by parties to armed conflict, primarily against women and girls but also against boys and men (see S/2015/203).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 47
- Paragraph text
- Subregional initiatives include the Economic Community of West African States (ECOWAS) Declaration on the Fight against Trafficking in Persons (2001) and the ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003). Subsequent plans of action against trafficking in persons have also been adopted. Moreover, the ECOWAS and Economic Community of Central African States biregional Plan of Action to Combat Trafficking in Persons, especially Women and Children (2006-2009), the related resolution and a multilateral cooperation agreement have further strengthened subregional initiatives to curb trafficking. The biregional Plan of Action reaffirmed the ECOWAS Initial Plan of Action and extended efforts to combat trafficking into the Central African region. In addition, the Southern African Development Community Plan of Action to combat trafficking in persons, the revised African Union Plan of Action on Drug Control and Crime Prevention (2007-2012 and 2013-2017) can be cited as examples of subregional initiatives. Joint cooperation between intergovernmental organizations, such as between the United Nations and the African Union, in the Asian-African Legal Consultative Organization or within the Commonwealth can be cited as joint actions to address human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- 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. 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. 50
- Paragraph text
- Procedural components of the right to a remedy. The procedural obligations may be conceived as the range of measures needed to guarantee access to an effective remedy, including access to information, legal assistance and regularization of residency status, which contribute to the realization by trafficked persons of the substantive components of the right to an effective remedy. The Special Rapporteur has come to appreciate that certain preconditions must be fulfilled if the right to a remedy for victims of trafficking is to be realized in practice. For example, failure to identify victims in the first place will inevitably operate to deny those persons access to remedies. In too many countries, trafficked persons, including those who have been identified as such, are detained or deported without being given any opportunity to claim compensation. Improvements in identification procedures; the institution of a "reflection and recovery period", during which victims can receive legal and other assistance; and a review of any legal obstacles to access are therefore critical to effective realization of the right to a remedy.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Persons on the move
- 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
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 36
- Paragraph text
- Over the course of the mandate, the Special Rapporteur has noted that the development of the Palermo Protocol within a framework of crime control has raised understandable concerns that the focus would diminish the attention and commitment due to the human rights of victims. She believes that there should be no conflict between the rights of victims and the responses of the criminal justice system. Administration of justice systems must be geared towards guaranteeing access to justice to victims, providing an effective remedy, promoting respect for the fundamental human rights of victims, including offenders, and ensuring adequate protection and assistance to victims of trafficking in order to prevent revictimization and avoid the danger of being retrafficked (A/64/290, para. 99). Moreover, in recognition of the pressing problems associated with the responses of the criminal justice system and the lack of available guidance, the report of the Special Rapporteur on a rights-based approach to the administration of criminal justice affirmed the obligation of States to criminalize trafficking; to investigate and prosecute trafficking with due diligence; and to provide for appropriate penalties (see A/HRC/20/18).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- 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. 85c
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] Discouraging demand routinely requires measures to stop discrimination, notably discriminatory practices which contribute to the exploitation of persons. These include discrimination based on gender, ethnicity, national origin and other criteria, such as discrimination against migrant workers in employment practices. States should eliminate acts or practices of discrimination on such grounds and should amend laws and policies that institutionalize discrimination and thereby also shape demand, particularly ones concerned with employment or migration, just as they must challenge discriminatory social attitudes, practices and beliefs, which also shape demand;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- 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. 85b
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] States have a responsibility to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise;
- 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. 68
- Paragraph text
- The principal responsibility of States in such cases is to protect the children concerned. When there is evidence that the majority of children to be found begging have been trafficked or are being subjected to either forced labour or a practice similar to slavery, the relevant Government authority with appropriate child protection expertise should consider what response is appropriate, notably whether it should involve discouraging children of a certain age from begging, making it a criminal offence to profit from a child's begging or discouraging the public from donating money to child beggars in some or all circumstances. When trafficked children are reported to be moved from one State to a neighbouring State, it would be in the best interests of the children concerned for the various States involved to harmonize their responses, so that traffickers cannot simply move on, accompanied by the children they exploit, to take advantage of different laws and regulations in a neighbouring State.
- 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
- Children
- 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. 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
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. 21
- Paragraph text
- The role of individual consumers in fuelling the exploitation of children, including cases when children are trafficked, is recognized in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. In this Protocol, the need is expressed for raising public awareness to reduce consumer demand for the sale of children, child prostitution and child pornography. In addition to requiring them to punish specified acts and activities by criminal or penal law, the Optional Protocol requires States parties to "promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol" and "take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol" (art. 9, paras. 2 and 5).
- 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
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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
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
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 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
The right to an effective remedy for trafficked persons 2011, para. 57
- Paragraph text
- Consideration of the best interests of the child also extends to the question of what form of reparation would be most appropriate for the child. For example, while the right to compensation should be equally available to trafficked children and adult trafficked persons, many children do not have bank accounts and the capacity to manage money. Where the child's parents were complicit in the crime of trafficking, it may not be in the best interests of the child to transfer the compensation payment to the parents on trust for the child. From this perspective, there is a need to frame remedies for trafficked children more broadly and creatively. The best interests of the child formula suggests that reparative measures for trafficked children should be geared towards building a comprehensive child protection system which guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation. In this regard, the repatriation and reintegration programme for the Pakistani child camel jockeys mentioned in paragraph 21 above is a unique example of linking the entitlement to a monthly cash grant to the school attendance rate of 80 per cent by the children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- 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. 56
- Paragraph text
- From States' perspectives, these concerns translate into the obligation to implement child-sensitive court procedures which effectively protect the rights and interests of children. In particular, the Legislative Guide to the Palermo Protocol unequivocally stresses the importance of avoiding direct contact between the child victim and the suspected offender, and according child witnesses special protection measures to ensure their safety. Thus, States should, for instance, allow procedural measures to obtain the child's testimony without the presence of the trafficker, such as allowing video-recording of testimony, examination via videoconference, or written statements in lieu of in-court testimony. Child-sensitive court procedures may also require adequate training of relevant law enforcement officials, such as police officers, lawyers, prosecutors and judges, in the rights of trafficked children. In this regard, it has been noted that there are benefits in forming a multi-stakeholder group to allow law enforcement officials to work together with social workers and other service providers responsible for the care of exploited children, including trafficked children, to ensure the provision of appropriate care and support, as well as the prosecution of the perpetrators.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph