Johanna Westeson - The ICHRP

5F. SEXUAL EXPLOITATION AND TRAFFICKING
1. Introduction
Trafficking is detrimental to sexual health in multiple ways, and has in recent decades
received much attention as a serious problem that must be fought by means of international
cooperation. Trafficking violates the rights of the trafficked person in a host of ways;
among these can be mentioned her right not to be subjected to forced labor or to inhuman
or degrading treatment; her right to privacy and bodily integrity; her right to highest
attainable standard of health, and her freedom of movement. From a sexual health
perspective, it is especially important to emphasize the risk of sexual abuse and
vulnerability to sexually transmitted infections. While trafficked persons who end up in the
sex industry are particularly exposed to these perils, these risks are prevalent in all kinds of
trafficking, given the repressive working conditions and the coercive and violent nature
that are characteristic of this crime.
Trafficking and sexual exploitation must be forcefully prevented and combated. In this
process, whether trafficking has occurred for sexual exploitation or for any other reason, it
is paramount that a human rights framework be employed. This is true with regard to
preventative measures against trafficking – making sure that these do not restrict
fundamental rights such as the right to movement, the right to seek asylum, or the right to
make a living. It is further imperative that human rights standards be applied in the field
where anti-trafficking measures meet immigration policies; a complicated intersection of
international policies that has to be closely monitored. 676
Furthermore, for the purpose of sexual health and human rights, it is critical to safeguard
the rights of sex-trafficked persons – or alleged sex-trafficked persons. They should be
granted confidentiality to make sure that their personal data is not dispersed. When a
border has been crossed and the trafficked person has arrived to the host country illegally,
she or he should be treated with respect and not forcefully expelled. Possibilities for
trafficked persons to stay in the host country, temporarily or permanently, should be
considered. 677 It is also of the utmost importance that the rights of sex workers or migrants
not be violated under the pretext of anti-trafficking measures. For the purpose of this report
it of special relevance that the rights to medical, psychological and other services for
trafficked persons be respected – regardless of how they have ended up in exploitative
situations (non-discrimination) 678 and regardless of whether they are able or willing to
cooperate with law enforcement authorities. 679 Special attention should be given to those
who have been subjected to sexual abuse. Here it should be reiterated that all trafficked
676 See, inter alia, OHCHR Recommended Principles and Guidelines on Human Rights and Human
Trafficking, E/ 2002/68/Add. 1 (2002), in particular Guidelines 1.5, 1.6, 2.5, 2.6, and 2.7. See also Article 14
of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime (UN 2000)
[hereinafter the Palermo Protocol], making references to the obligations of states under the 1951 Convention
and 1967 Protocol relating to the status of refugees.
677 Articles 7 and 8 of the Palermo Protocol. See also OHCHR Recommended Principles and Guidelines on
Human Rights and Human Trafficking, E/ 2002/68/Add. 1 (2002), in particular Guideline 6.7.
678 See, inter alia, Article 14.2 of the Palermo Protocol.
679 See Article 6(3) of the Palermo Protocol, Article 25 of the Transnational Crime Convention, and OHCHR
Recommended Principles and Guidelines on Human Rights and Human Trafficking, E/ 2002/68/Add. 1
(2002), in particular Principle 8.
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