Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

46 PRACTITIONERS GUIDE No. 12
Committee has noted that these practices are incompatible with
the equal enjoyment of rights by women and with respect for
their rights and dignity, thereby placing women at special risk
of violence and abuse. 109
The CEDAW Committee observed that there is a gender
disparity amongst those migrating for survival, and accepting
dangerous arrangements to do so, that has resulted in a
“feminization of migration”. This is often as a result of the
failure of social structures to provide equal economic,
educational and employment opportunities for women as well
as protection from harm, including violence against women. 110
An understanding of trafficking requires a complex analysis and
level of detail which is not possible in this Practitioners Guide,
as it involves an analysis of trafficking-specific treaties, treaties
relating to slavery and the slave trade, forced labour, and
criminal justice, as well as an analysis of international human
rights law. Within international human rights law, several
angles need to be addressed: women’s rights, children’s rights,
labour rights and migrant workers’ rights, including rights to
citizenship and nationality.
The CEDAW Commentary on Article 6 of the CEDAW
Convention contains a detailed analysis of the issue of
trafficking of women, and is a good first step for research on
the legal issues involved. 111
Sex work/prostitution
The CEDAW Convention uses the term “prostitution” in Article
6, and refers to the requirement on States to address the
“exploitation of prostitution” rather than prostitution in itself.
109
Marsha Freeman, Christine Chinkin and Beate Rudolf, The UN
Convention on the Elimination of All Forms of Discrimination against
Women. A Commentary (Oxford: Oxford University Press, 2012) –
hereafter referred to as the ‘CEDAW Commentary’, page 171.
110
Ibid, pages 171-172.
111
Ibid, pages 170-196.