Trafficking in human beings: human rights and ... - unesdoc - Unesco

them. 287 This leads again to the conclusion that states must have effective prosecution
mechanisms in order not to violate human rights obligations.
HORIZONTAL PROTECTION
It is extremely important to underline that having a human rights approach to the victims
does not exclude a criminal law approach. It is much as with other State obligations to
protect individuals from third persons who may interfere with their human rights. The
State will fulfi l such an obligation if it puts in place adequate national laws which live
up to international standards. It is noteworthy that States have four levels of obligations
regarding human rights implementation: the obligation to respect, to protect, to facilitate
and to fulfi l. 288 In terms of international law, the obligation “to respect” requires States
“to refrain from any actions which would violate any of the rights of the child under the
Convention”. 289 The obligation to protect and ensure goes well beyond “to respect”, since
it implies an affi rmative State obligation to do what is necessary to enable individuals
to enjoy and exercise the relevant rights, including protection from third parties. 290 The
right to liberty, the right to dignity and security of person, the right not to be held in
slavery or involuntary servitude, the right to be free from cruel and inhumane treatment,
various economic and social rights, and specifi c rights of the child are among the human
rights affected by the practice of traffi cking. As governments are responsible for ensuring
human rights on their territories, they have an obligation to protect individuals from such
practices, prosecute violations, and provide effective remedies for victims. 291 It is clear
also here that criminal law and human rights protection are closely linked – protection
cannot be effective if there is no effective law enforcement and effective prosecution of
acts criminalised according to national laws.
A clear example is that the protection of life in Art 6 of the ICCPR is not only a vertical
protection (from the State) but also horizontal. It is the right not to be arbitrarily killed
287 Obokata, T.: Traffi cking of Human Beings from a Human Rights Perspective – towards a holistic
approach. p. 132. See Murphy, J.F.: Civil Liability for the Commission of International Crime as an
Alternative to Criminal Prosecution, in Harvard Human Rights Journal 1(1999) and Right to Remedy
and Reparation for Victims of Violations of International Human Rights and Humanitarian Law: Note by
the high Commissioner for Human Rights, E/CN.4/2003/63, para. 18. Examples of civil proceedings
are Filartiga v. Pena-Irala from the US in which the court of Appeals applied the Aliens Tort Act to
adjudicate on a case of deliberate torture infl icted upon a plaintiff. Other cases include Tel-Oren v.
Libyan Arab Republic, Fortu v. Suareaz-Mason, Doe v. Karadzic, Kadic v. Karadzic, Abebe-Jira v. Negewo,
Doe v. Islamic Salvation Front.
288 Symonides, J. (ed.): Human Rights: Concepts and Standards, p. 127-129.
289 Alston, P.:“The legal framework of the Convention on the Rights of the Child”, 91/2 Bulletin of
Human Rights, p. 5.
290 Symonides, J. (ed.): Human Rights: Concepts and Standards, p. 127-129; P. Alston, “The legal framework
of the Convention on the Rights of the Child”, 91/2 Bulletin of Human Rights, p. 5.
291 Traffi cking in Human Beings: implications for the OSCE. Organization for Security and Co-operation
in Europe review conference, September 1999, ODIHR background paper 1999/3.
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