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

More documents

Recommendations

Info

In Assenouv and Others v. Bulgaria, the European Court of Human Rights held that States have a positive duty to investigate cases involving a breach of Art 3 (prohibition of torture), in line with a duty to “secure” rights and freedoms to all persons under their jurisdiction. 325 The link between the rule of law – effective criminal laws and prosecution, and protection of individuals – and thus State’s human rights obligations (to protect) is evident here. In order for a State to fulfi l its human rights obligations it must effectively deter (by having criminal laws) and prosecute offenders, who have exploited/mistreated/killed/maimed etc other individuals. The human rights dimension is clearly linked to the criminal law dimension in these cases. HUMAN RIGHTS ASPECTS IN THE TOC – A CLEAR CRIMINAL LAW INSTRUMENT Convention Article 25 Assistance to and protection of victims - 1. Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences covered by this Convention, in particular in cases of threat of retaliation or intimidation. Article 25 actually contains stronger obligations than does Article 6 and is preferable to Article 6 in many respects. The Traffi cking Protocol is subordinate to the main Convention and so the stronger provisions in the Convention should apply in such cases. Thus, where the two articles overlap or confl ict, governments must adopt the stronger provisions found in Article 25 of the main Convention unless the Traffi cking Protocol provision is specifi cally related to traffi cking. Where the Traffi cking Protocol provisions are less favourable to traffi cked persons, they should not be adopted if the Convention contains better protections or assistance provisions. For example, Convention section 25.1 says a government “shall” provide assistance and protection, “within its means”, which means if the government has the resources, it must act. Traffi cking Protocol section 6.3 says governments “shall consider” and act “in appropriate cases”, which does not require governments to do anything. Thus, governments must provide some level of assistance and protection according to the commitment they made in Article 25.1. 326 Article 25.2 says that each State Party shall establish appropriate procedures to provide access to compensation and restitution for victims of offences covered by this Convention. This language is much stronger than the language contained in Traffi cking Protocol Article 6.6, which does not include the word ‘shall’. Article 25.2 recognizes that traffi cked persons have a right to compensation and restitution. As stated previously, however, this right to compensation should not be limited to money from a government-operated Art. 6 of the ECHR and Brozicek v. Italy (App 10964/84)) as well as redress for victims. 325 App 24760/94, Judgement of 28/10/98. 326 Jordan, A.D.: The Annotated Guide to the Complete UN Traffi cking Protocol. International Human Rights Law Group. 2002. p. 24. 113
victims compensation fund. Traffi cked persons also must have the right to access the courts and seek compensation, restitution and damages. 327 VICTIMS/WITNESSES Too many traffi cking victims are still seen as perpetrators and not as victims, probably because it often is up to police offi cers to identify them when searching for irregular migrants. The terms victim and witness are not necessarily two of the same and will have different meanings between different jurisdictions. A person may be declared a victim after a judicial process. Once victim status is secured following the judicial process, the victim may have access to protection and support. In other jurisdictions, the term victim is used as a general interpretation of a person’s status. The term ‘witness’ has a more limited meaning and relates to a person giving testimony in court, a person who has information about the particular crime and/or a person making a written statement or giving evidence in court. Different terminologies will be used by different Jurisdictions. For traffi cking in persons investigations, victim-witnesses are generally the most vulnerable witnesses in the case. Measures for the protection and support of traffi cked victims should therefore be developed and implemented in every jurisdiction to support the criminal justice system. The safety and support of the victim during the criminal investigation is the priority given their vulnerability and the trauma they have suffered as a result of being traffi cked. 328 The role of witnesses and the evidence they provide in criminal proceedings is often crucial in securing the conviction of offenders, especially in respect of organized crime such as human traffi cking. This tool presents the provisions of the Organized Crime Convention relating to the protection of witnesses (Art. 24) and obstruction of justice (Art. 23, subpara. (a)). The protection may include physical protection, domestic or foreign relocation, special arrangements for giving evidence and relocation agreements. Prosecuting offenders or their accomplices under criminal law for intimidating or threatening witnesses is another means of protecting witnesses from such acts. According to Article 24 of the Organized Crime Convention, States parties must take appropriate measures within their means to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by the Convention and, as appropriate, for their relatives and other persons close to them. These measures may include: Establishing procedures for the physical protection of such persons, such as relocating them and permitting limitations on the disclosure of information concerning their identity and whereabouts; Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness. 327 Ibid. p. 25. 328 UNGIFT: The Vienna Forum to fi ght Human Traffi cking 13-15 February 2008, Austria Center Vienna Background Paper. 006 Workshop: Criminal Justice Responses to Human Traffi cking. 114
Page 1 and 2:
United Nations Educational, Scienti
Page 3 and 4:
UNESCO migration studies 3 Series e
Page 5 and 6:
Human Rights Law 66 Development of
Page 7 and 8:
Note on Author Kristina Touzenis ha
Page 9 and 10:
countries with economies in transit
Page 11 and 12:
nonetheless these instruments mark
Page 13 and 14:
The legal aspect of traffi cking is
Page 15 and 16:
enhanced knowledge of the phenomeno
Page 17 and 18:
Broadly speaking, poverty, unemploy
Page 19 and 20:
Considering the complexity of the p
Page 21 and 22:
The perhaps most innovative report
Page 23 and 24:
THE WAY FORWARD IN POSSIBLE RESEARC
Page 25 and 26:
and considers the consent of the
Page 27 and 28:
35 Organizing or directing others t
Page 29 and 30:
TRAFFICKING AND SMUGGLING - AN IMPO
Page 31 and 32:
often be diffi cult for law enforce
Page 33 and 34:
group argued that ’traffi cking
Page 35 and 36:
ecruitments agency’s responsibili
Page 37 and 38:
workers to authorities if they refu
Page 39 and 40:
The Travaux Préparatories, in para
Page 41 and 42:
Forced labour Bonded labour and deb
Page 43 and 44:
ILO Declaration on Fundamental Prin
Page 45 and 46:
and servitude clarifi es that while
Page 47 and 48:
sex industry is frequently illegal
Page 49 and 50:
idea that traffi cking for forced p
Page 51 and 52:
labour exploitation and services ar
Page 53 and 54:
Criminal Law Traffi cking and smugg
Page 55 and 56:
treatment. 131 In A v. United Kingd
Page 57 and 58:
circumstances, including offences i
Page 59 and 60:
supply and demand in the traffi cki
Page 61 and 62:
from a traffi cking ordeal is compa
Page 63 and 64: Common criminal off ences Traffi ck
Page 65 and 66: The gravity of traffi cking is perh
Page 67 and 68: Human Rights Law It has widely been
Page 69 and 70: makes the obvious evident - the Pro
Page 71 and 72: Members of the Human Rights Caucus,
Page 73 and 74: 3) examining the possibilities of g
Page 75 and 76: particular about their legal rights
Page 77 and 78: support person and interpreter, are
Page 79 and 80: Interaction with the TOC in witness
Page 81 and 82: and profi ts are hardly ever traced
Page 83 and 84: provisions made for the victims’
Page 85 and 86: occurs in the context of organized
Page 87 and 88: shall adopt appropriate legislative
Page 89 and 90: case is that the Court emphasised t
Page 91 and 92: OTHER RELEVANT HUMAN RIGHTS INSTRUM
Page 93 and 94: of the Child on the sale of childre
Page 95 and 96: PREVENTION - A HOLISTIC APPROACH Ad
Page 97 and 98: Studies have revealed how, througho
Page 99 and 100: Traffi cking in persons is - like a
Page 101 and 102: It thus results that any effective
Page 103 and 104: epresent confusion or disagreement.
Page 105 and 106: ealisation of the right to food. 28
Page 107 and 108: y state agents, (the duty on the St
Page 109 and 110: must also be sensitized to the para
Page 111 and 112: One of the three purposes of the Tr
Page 113: cases where it has been established
Page 117 and 118: Protection and support for the traf
Page 119 and 120: their territories until the identif
Page 121 and 122: entry into or residence in countrie
Page 123 and 124: of human rights and may even in som
Page 125 and 126: Current policy for counteracting hu
Page 127 and 128: The contemporary regulation of huma
Page 129 and 130: of a residence permit and the right
Page 131 and 132: measures. The question of whether o
Page 133 and 134: availability of legal and sustainab
Page 135 and 136: ut nonetheless refl ects the kind o
Page 137 and 138: Current Trends in Traffi cking The
Page 139 and 140: There is still a lack of quantitati
Page 141 and 142: traffi cking are embedded in social
Page 143 and 144: further below). Most identifi ed hu
Page 145 and 146: In the construction sector: Exploit
Page 147 and 148: harms. At the same time, if one avo
Page 149 and 150: protection laws. Such differences b
Page 151 and 152: guards, labour inspectors, immigrat
Page 153 and 154: The fact that there are very few pr
Page 155 and 156: evidence to prove the crime and to
Page 157 and 158: Hence, migration departments and la
Page 159 and 160: The Recommended Principles and Guid
Page 161 and 162: traffi cking. Such cooperative mech
Page 163 and 164: prevention including respect for so
Page 165 and 166:
To sign and ratify the Protocol to
Page 167 and 168:
victims may be based on different f
Page 169 and 170:
Fekete, L.: Canary Island Tragedy:
Page 171 and 172:
Piotrowicz, R.: Trafficking of Huma
Page 173 and 174:
UNODC: Global Patterns in Human Tra
show all

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

Create successful ePaper yourself

Delete template?

Save as template?