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International Instruments Concerning Trafficking in Persons

August 2014. International Instruments Concerning Trafficking in Persons Over the past decade, human What are some of the main International Trafficking has moved from the margins to the Instruments used to combat human mainstream of International concern We Trafficking ? have witnessed the rapid development of a comprehensive legal framework that The most important International instrument to comprises International and regional treaties, combat Trafficking is the Palermo Protocol, a as well as a broad range of soft-law supplement to the UN Convention against Instruments relating to Trafficking .

Child (1989), and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography (2000), prohibit trafficking in children for any purpose, including for exploitive and forced labour. Article 39 of the CRC requires States to “take all appropriate measures to promote physical and recovery and social

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Transcription of International Instruments Concerning Trafficking in Persons

1 August 2014. International Instruments Concerning Trafficking in Persons Over the past decade, human What are some of the main International Trafficking has moved from the margins to the Instruments used to combat human mainstream of International concern We Trafficking ? have witnessed the rapid development of a comprehensive legal framework that The most important International instrument to comprises International and regional treaties, combat Trafficking is the Palermo Protocol, a as well as a broad range of soft-law supplement to the UN Convention against Instruments relating to Trafficking .

2 These Transnational Organized Crime (2000). Article 5 of changes confirm that a fundamental shift has the Protocol requires States to criminalize taken place in how the International Trafficking , attempted Trafficking , and any other community thinks about human exploitation.. intentional participation or organization in a Trafficking scheme. Navi Pillay, United Nations High Commissioner for Human Rights. Foreword to the Commentary on the Two International labour Organization (ILO) Recommended Principles and Guidelines on Human Rights and Human Trafficking conventions focus on forced labour or services: The ILO forced labour Convention (Convention No.)

3 29. of 1930) and its newly adopted Protocol, which Instruments Concerning the Trafficking defines forced or compulsory labour , and the ILO of Children Abolition of forced labour Convention (Convention No. 105 of 1957). Some International Instruments have specific provisions Concerning the Trafficking of The Slavery Convention (1926) defines slavery, and children. The Convention on the Rights of the its Supplementary Convention describes practices child (1989), and the Optional Protocol on similar to slavery, including debt bondage, and the Sale of Children, child Prostitution, and institutions and practices that discriminate against child Pornography (2000), prohibit Trafficking women in the context of marriage.

4 In children for any purpose, including for exploitive and forced labour . Article 39 of the The UN Convention for the Suppression of the CRC requires States to take all appropriate Traffic in Persons and of the Exploitation of the measures to promote physical and Prostitution of Others (1949) requires States to psychological recovery and social punish any person who exploits the prostitution of reintegration of a child victim of: any form of another. neglect, exploitation, or abuse. The CRC. also requires States to recognize the right of The International Covenant on Civil and Political every child to education (Article 28) and to Rights (ICCPR) prohibits a number of practices facilities for the treatment of illness and directly related to Trafficking , including slavery, the rehabilitation of health (Article 24).

5 The slave trade, servitude and forced labour . Optional Protocol to the Convention on the Sale of Children specifies particular forms of Instruments Concerning the Trafficking of protection and assistance to be made Women available to child victims. The Convention on the Elimination of All Forms of Additionally, the ILO's Worst Forms of child Discrimination against Women requires States to labour Convention (Convention No. 182 of take all appropriate measures to suppress all forms 1999) prohibits perpetrators from using of Trafficking in women and exploitation of children under 18 years of age for all forms prostitution of women.

6 General recommendation No. of slavery or practices similar to slavery, 19 identifies Trafficking as a form of violence against Trafficking , debt bondage, serfdom, forced or women because it puts women at special risk of compulsory labour , and prostitution. Article violence and abuse. Trafficking is incompatible with 7(2)(b) and (c) requires States to take the equal enjoyment of rights by women and with effective and timely measures to provide for the respect for their rights and dignity. the rehabilitation and social integration of former victims of the worst forms of child labour , including Trafficking , as well as to ensure their access to free basic education, and, wherever possible and appropriate, vocational training.

7 Office of the High Commissioner for Human Rights, Palais des Nations, CH-1211 Geneva 10, Switzerland Instruments Concerning Foreign Victims A human rights-based approach to addressing Some Instruments contain specific provisions for Trafficking gives equal attention to prevention, addressing the needs of foreign victims. Article 7 of protection, and prosecution. This victim-centred the Palermo Protocol says States should consider approach requires collaboration between potential measures for allowing foreign Trafficking legislators, prosecutors, law enforcement, service victims to remain, temporarily or permanently, in providers and other victim advocates.

8 The state in which they were trafficked. The UN. High Commissioner for Refugees (UNHCR) has The work of OHCHR. noted that some people who have been trafficked or who are at risk of being trafficked may be OHCHR is at the forefront of combating Trafficking entitled to International refugee protection under through the application of a human rights-based the Convention relating to the Status of Refugees approach. This approach was explicitly (1951) and its 1967 Protocol if they have a well- conceptualized in a soft-law document - the founded fear of persecution for reasons of race, Recommended Principles and Guidelines on Human religion, nationality, membership of a particular Rights and Human Trafficking .

9 This text was social group or political opinion. presented to the United Nations Economic and Social Council as an addendum to the report of the Article 8 of the Palermo Protocol deals with the High Commissioner (E/2002/68 ). possible repatriation of Trafficking victims. It notes Additionally, OHCHR has developed a detailed that when a State returns a victim it should do so Commentary on the Recommended Principles and with due regard for the safety of that person. Guidelines on Human Rights and Human Repatriation shall preferably be voluntary. A Trafficking . person's right to return to his or her country of origin is affirmed by the International Covenant on OHCHR provides support to the special procedures Civil and Political Rights.

10 Of the Human Rights Council relevant to Trafficking and related violations of human rights, such as the Additionally, the International Convention on the Special Rapporteur on Trafficking in Persons , Protection of the Rights of All Migrant Workers and especially women and children; the Special Members of their Families (1990) expands the Rapporteur on the sale of children, child rights of migrant workers and calls upon States to prostitution and child pornography; and the effectively protect their rights as reflected in article Special Rapporteur on contemporary forms of 68.


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