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

More documents

Recommendations

Info

consider temporary or permanent residency in countries of transit or destination (refl ection delay) for traffi cking victims in exchange for testimony against alleged traffi ckers, or on humanitarian and compassionate grounds; ensure that victims of traffi cking are offered the possibility of obtaining compensation for damages suffered; provide for proportional criminal penalties to be applied to persons found guilty of traffi cking, including offences involving traffi cking in children or offences committed or involving complicity by State offi cials; and proceeds of traffi cking, and related offences, to be used for the benefi t of traffi cked persons. UNESCO: Human Traffi cking in Mozambique: Root Causes and Recommendations. Policy Paper Poverty Series, n° 14.1 (E). Paris 2006, p. 56 Having defi nitions in place and knowing how to operate with them is not only an academic exercise – it is crucial in order to fi ght the abuse and exploitation which takes place on a daily basis. It is also crucial to understand those defi nitions in view of changes in traffi cking patterns. Traffi ckers adapt their practices as other criminals in order to avoid prosecution. That is one reason why legal defi nitions always must be suffi ciently precise but at the same time not too rigid, in order to avoid creating the need for new laws to address new criminal practices. The defi nition of traffi cking does not fail on this point. And knowing the defi nition will also help avoid mistakes such as prosecuting only when traffi cking coincides with a slavery situation and not with a forced labour situation according to ILO defi nitions, where the victim is e.g. paid but not free to move. Misunderstandings and misrepresentations of what traffi cking is can easily lead to the consideration that the Protocol fails to address such “new” forms of traffi cking when this is not at all the case. Knowing that the Protocol is a criminal law tool, addressing a crime with a human rights component, knowing that prosecution depends on the criminal law aspect and notion such as intent, and that the Protocol operates within a broader framework of international instruments, including human rights instruments and labour law instruments, and that a State has an obligation to protect against violence and prosecute perpetrators all help in the fi ght against abuse, exploitation and traffi cking. Quite clearly the human rights approach is absolutely necessary in order to protect traffi cked persons. Especially to make certain that they are treated suitably and not only as irregular non-nationals. A human rights approach is necessary to deal with all kinds of exploitation. Just as a criminal law approach ensures effective respect for the Rule of Law, which in turn is a guarantee for human right protection. Addressing “traffi cking” means addressing migration – having dignifi ed and regular migration channels, promoting fair work and fair pay, and cutting the livelihoods of organised crime, and obviously protecting those who fall victims of the crime. To ensure this a wide variety of remedies exist – in criminal law, in human rights law, in labour and social welfare law. These overlap, combine and sometimes clash. These remedies must be considered complimentary and cumulative and the compensation of 165
victims may be based on different fi elds of law. Likewise the State’s obligation can be based on the different fi elds of law and should not be limited to either prosecution or prevention or labour law or assistance. 166
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 and 114:
cases where it has been established
Page 115 and 116: victims compensation fund. Traffi c
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: To sign and ratify the Protocol to
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?