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

shall adopt appropriate legislative and other measures necessary to establish, as criminal
offences, traffi cking, its component acts and related conduct, they shall effectively
investigate, prosecute and adjudicate traffi cking, including its component acts and related
conduct, whether committed by governmental or by non-State actors and ensure that
traffi cking, its component acts and related offences constitute extraditable offences under
national law and extradition treaties. States shall cooperate to ensure that the appropriate
extradition procedures are followed in accordance with international law. Effective and
proportionate sanctions shall be applied to individuals and legal persons found guilty
of traffi cking or of its component or related offences. States shall, in appropriate cases,
freeze and confi scate the assets of individuals and legal persons involved in traffi cking. To
the extent possible, confi scated assets shall be used to support and compensate victims
of traffi cking. States shall ensure that traffi cked persons are given access to effective and
appropriate legal remedies. 225
Importantly the Guidelines mention ensuring that legislation prevents traffi cked persons
from being prosecuted, detained or punished for the illegality of their entry or residence
or for the activities they are involved in as a direct consequence of their situation as
traffi cked persons and ensuring that the protection of traffi cked persons is built into
anti-traffi cking legislation, including protection from summary deportation or return
where there are reasonable grounds to conclude that such deportation or return would
represent a signifi cant security risk to the traffi cked person and/or her/his family. 226
Providing legislative protection for traffi cked persons who voluntarily agree to cooperate
with law enforcement authorities, including protection of their right to remain lawfully
within the country of destination for the duration of any legal proceedings is of the
utmost importance as is making effective provision for traffi cked persons to be given legal
information and assistance in a language they understand as well as appropriate social
support suffi cient to meet their immediate needs. States should ensure that entitlement to
such information, assistance and immediate support is not discretionary but is available
as a right for all persons who have been identifi ed as traffi cked. 227 Furthermore States
should ensure that the right of traffi cking victims to pursue civil claims against alleged
traffi ckers is enshrined in law and guarantee that protections for witnesses are provided
for in law. 228
Quite clearly these Guidelines and Principles underscore the human rights dimension to
the traffi cking offence, simply by existing and in details with their contents. Since such
instruments must be used in the interpretation of the Palermo Protocol it is diffi cult to
imagine that the two do not infl uence one another, again showing how human rights
infl uence criminal law and how criminal law must take into consideration human rights
225 Principles 12-17.
226 The United Nations High Commissioner for Human Rights Recommended Principles and – Guideline
on Human Rights and Human Traffi cking 7.5-6.
227 Ibid. Guideline 7.7-8.
228 Ibid. Guideline 7.9-10.
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