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

is intended not to prevent victims of traffi cking from carrying on an occupation…”; In
other words: this is not a prostitution law - it is a traffi cking law. 223
The Protocol calls upon States to adopt the protective measures of Article 6 and the
preventive measures of Article 9 in cooperation with NGOs and other members of
civil society. It can be argued that the Protocol establishes an international obligation
of cooperation. The European Council Convention in Article 35 addresses the role of
civil society more explicitly providing that: “Each party shall encourage state authorities
and public offi cials to cooperate with non-governmental organizations, other relevant
organizations and members of civil society, in establishing strategic partnerships with the
aim of achieving the purpose of this Convention.” In Article 16 the CoE Convention
calls upon States to make available to victims contact information of NGOs. And in
Article 28 it calls upon states to protect NGOs offering assistance to victims of traffi cking
from retaliation or intimidation. 224
As mentioned, the CoE Convention is not a criminal law instrument only – which obviously
makes its approach different. It provides specifi c regulatory requirements according to the
victim (child/adult, forms of exploitation experienced, including mail-order brides and
au-pairs). It imposes state obligations to raise awareness and create economic obligations
for people vulnerable to traffi cking (a parallel to the Protocols prevention) and also
imposes an obligation to discourage the demand side through information and education,
suggesting criminalizing demand (demand is actually criminalized in the Protocol since
it is part of the traffi cking chain – unless the focus is exclusively on prostitution where
criminalizing of clients is not demanded).
The CoE Convention requires a compulsory assistance to victims (psychological, physical,
and social recovery) including concrete measures which at a minimum must include a
subsistence standard of living, medical treatment, secure accommodation, counselling,
and education for children. A refl ection period of 30 days is required and the State must
offer residence permits not only based on cooperation in prosecution but also granted on
humanitarian grounds, compensation and legal redress must be available.
RECOMMENDED PRINCIPLES AND GUIDELINES
ON HUMAN RIGHTS AND HUMAN TRAFFICKING
The United Nations High Commissioner for Human Rights has developed Recommended
Principles and Guidelines on Human Rights and Human Traffi cking (E/2002/68/
Add.1), which provide an important framework guiding the criminalization of traffi cking
in persons and the development of a legislative framework. According to these States
223 Mattar, M.: Omissions and Gaps: From the United Nations Protocol to the Council of Europe
Convention Against Traffi cking in Human Beings.
224 Ibid.
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