Governance and Democracy Division
Trafficking in Persons
Trafficking in Persons as a Human Rights Issue
Trafficking in persons - the illegal and highly profitable recruitment, The human rights framework transport, and sale of human beings for exploitative purposes such for anti-trafficking work as forced labour or services, slavery or slavery-like conditions, pros- Substantially the human rights framework for trafficking draws titution, sexual exploitation or servitude - needs to be addressed as upon international human rights standards and principles, which a severe and multi-faceted human rights issue. Various human rights have been encoded in international treaties, covenants and proto- violations occur at different stages of the trafficking cycle. cols. The Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) pro- Firstly, trafficking often emerges where already many human rights claim that “no-one shall be held in slavery and servitude”. The deprivations are prevalent. Root causes for trafficking include International Covenant on Economic, Social and Cultural Rights poverty, discrimination, violence and the general insecurity often (1966) in its Articles 6, 7 and 9 recognizes the right to work as related to armed conflict. Hence, anyone may fall victim to human well as to just and favourable working conditions. traffickers. However, around 80 per cent of victims are women and children since they are often marginalized and disproportionably Since December 2000, the United Nations Protocol to Prevent, affected by these root causes. Secondly, the phenomenon of traf- Suppress and Punish Trafficking in Persons, especially Women and ficking in persons comprises a range of human rights violations. Children supplementing the United Nations Convention against The most common ones are the right to personal autonomy, the Transnational Organized Crime serves as a legal framework for na- right not to be held in slavery or servitude, the right to liberty and tional legislation. The protocol is setting the standard for what acts security of person, the right to be free from cruel or inhumane constitute the crime of trafficking, and standardizes the severity of treatment, the right to safe and healthy working conditions and punishment for such acts. The definition of trafficking contained the freedom of movement. Thirdly, trafficked persons who escape in Art. 2 of the Protocol serves nationally and internationally as their situation are subject to serious human rights violations at the a reference for defining the crime. Furthermore, the Protocol hands of governments. Most governments’ traditional policies give provides benchmarks on preventive policies and effective human priority to detention, prosecution and expulsion of trafficked per- rights measures to protect the victims. However, unlike the crimi- sons for offences related to their status, including violation of im- nal provisions, which are obligatory on State Parties, the human migration laws, prostitution or begging. Often victims are treated rights protections remain merely discretionary under the Protocol. as “disposable witnesses” whose sole value is their ability to assist in trafficking prosecutions. The Protocol contains provisions that are intended to ensure that trafficked persons are not treated as criminals but as victims, and Past experiences show that this policy has the effect of further vic- therefore entitled to specific human rights protections. These in- timizing the victims. Once the trials are over, the victims are sent to clude, in particular, temporary resident status and temporary shel- their home countries without further support, for example, no as- ter, medical and psychological services, access to justice as well as sistance is provided for their reintegration in the society, which compensation or restitution. makes them particularly vulnerable to being re-trafficked. and to act on their own behalf. Empowerment, self-representationEmpowerment,behalf. own their on act to and grievances own their express to - trafficking of victims the - ple peo affected the enable which those are strategies best them. The realize or secure to able are people when only real become Rights ofthe crime isneither just nor lawful. and programs. and policies legislation, into rights human of non-discrimination and strategy.It integrates the principles ofuniversality, indivisibility quiresthat human rights are atthe core ofany anti-trafficking re groups.approach affected This other or persons trafficked of measuresthat adversely affect orinfringe upon the human rights Finally,humana rights-based approach opposes anti-trafficking re-victimisation and trauma further to them subject may and authorities the to reporting from sons per trafficked prevents often women, affect especially which es, practic discriminatory with combination in support and sistance as specific group targeted and However,adequate of absence the testimony.give and authorities the to report to trafficking of victims for incentive important an are persons trafficked of rights the of protection and recognition the as traffickers, of cution prose effective an to contributes also Itre-trafficking. of risk the reduce and lives their overcontrol regain to them enable persons trafficked for support and Assistance place. in be must agencies enforcement law and institutions public through persons ficked traf of victimization secondary reduce to mechanisms principles, approach. based Torights human these a uphold for principles fundamental are trafficking by affected those of participation and lies (1990), the Convention on the Elimination of All Forms of of Forms All of Elimination the on Convention the (1990), lies MigrantWorkers All Protectionof Famiand the Their on tion Conven the others, among include, instruments relevant Other 65760 Eschborn / Germany / Eschborn 65760 Dag-Hammarskjöld-Weg1-5 GmbH (GTZ) Zusammenarbeit Technische für Gesellschaft Deutsche Publishedby: 2008 June Imprint: prosecution the for instrument an as solely persons trafficked of use dressedbypromoting the human rights oftrafficked persons. The ad be to have trafficking Further,of promotion. consequences the workingparadigm from one ofcriminal sanction tohuman rights withthe basic rights ofvictims oftrafficking. It isvital toshift the concerned be to need persons trafficked with working people All to anti-trafficking work Human rights based approach persons. trafficked traffick prevent to efforts for point serve (2002) HumanRights for Commissioner High UN Human Trafficking the and by Rights Humanon Guidelines Principlesand Recommended the more, Further system. monitoring independent an of establishment the foresees and people trafficked of rights human of protection and promotion in standards of creation the towards step tant 2008, February in force into entered which against ActionTrafficking on vention (2005), HumanBeings in Con Europe of Council (1989). The Child the of Rights the on Convention the as well as Women (1979) against Discrimination
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7 7 9 9 - - 0 1 1 15 (Programme Director) (Programme Brendel Christine Women‘sRights and Equality Gender Promoting Programme contact: please information, Forfurther - -
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- - - - - Redefining Victim Protection:RedefiningVictim Human(2002): International Traffic,Anti-Slavery Human Rights. Literature & Links ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ include: action of fields Primary persons. ficked traf of rights human the protect to and traffickers prosecute to trafficking, prevent to strategies includes approach rights-based A Primary fields of action http:// HumanRights: for Commissioner High the of Office Legislationline: handbook: A and TraffickingPersons. in Rights Human (2001): Traffickingagainst Women (GAATW)in Alliance Global A human rights based approach to reintegration be provided when victims leave the shelter. well as life skills training. If needed, the support continues to chological, medical, educational and vocational assistance as accompanies the victims through extensive counseling, psy they enter the program. Besides mere accommodation, ROR victim are carefully assessed and monitored from the moment shelter, counseling and support. The specific needs of each women and girls trafficked for sexual exploitation including mania (ROR) provides a long-term reintegration program to dicates. The non-governmental organization Reaching Out Ro opportunities abroad. Hence, many fall prey to trafficking syn young women especially vulnerable to seemingly promising number of jobs available in the domestic labor market, leaving The transition has led to a drastic and lasting decline in ed the impetus for Romanians to search for employment abroad. a centrally planned economy to a market economy has provid In Romania, the slow and socially burdensome transition from legal actions as well as provision of the right to seek asylum. seek to right the of provision as well as actions legal other or civil criminal, any during persons trafficked for work) Provisionoftemporary residence visas (including the right to Participatory research, analysis, evaluation and dissemination. and evaluation analysis, research,Participatory persons. trafficked of well-being the ensure to residence temporary of period the during services social other and care psychological and medical adequate to Access trafficking. of victims child as such groups, target special of support and protection the for measures Special harm. and reprisal from protection with along and status, immigration irregular any despite persons trafficked (potentially) all for Support privacy,safety.to and dignity victims the of rights the safeguards and respects that system a within implemented are traffickers punish to efforts that ensuring including responses, enforcement law Adequate traffickers. and persons trafficked of Identification occurs. trafficking where context the of dimensions various the on focusing measures Preventive www.unhchr.ch/html/intlinst.htm http:// http:// www.gaatw.org I: gender E: (0 +49 F: (0 +49 T: www.legislationline.org www.gtz.de/gender ) ) @gtz.de 6 6 1 1 http://www.antislavery.org 9 9 6- 6- 7 7 9- 9- 4 8 1 0 21 4 1 21
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