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

forms of exploitation and enslavement. Due to poor economic conditions in the state of
origin, many people migrate to developed states in order to seek better opportunities. 253
The fact that poverty has a negative impact on the enjoyment of human rights is explicit
in the freedom from want in the Preamble of the UDHR and in Articles in the ICCPR
and ICESCR on e.g. right to work and property and a decent standard of living. The
Commission on Human Rights 254 and the Committee on Economic, Social and Cultural
Rights 255 have recognised how poverty affects economic, social and cultural rights directly
and also infl uence civil and political rights. 256 Several obligations of states can be identifi ed
by reference to the aforementioned levels of obligations – respect, protect and fulfi l. The
obligation to respect requires the state to refrain from interfering with the enjoyment
of economic social and cultural rights when things go well, 257 in the context of poverty
reduction states must respect the resources owned by the individuals or groups seeking
to make the optimal use of their own knowledge and the freedom to satisfy their own
needs. 258 An obligation to protect/ensure means to protect from interference by third
parties, 259 much like the case of protection against traffi cking, and the obligation to fulfi l
requires appropriate administrative and other measures towards the full realisation of
economic, social and cultural rights. 260
In order to eradicate traffi cking of women and children there is a need to
address its main root cause: poverty. Women are vulnerable to traffi cking
because they have less access to employment, resources and other means of
earning a livelihood. Lack of access to education and means of livelihood
expose children to situations of traffi cking. It is critical that development
policies are targeted at poverty alleviation.
UNESCO: Human Traffi cking in Lesotho: Root Causes and Recommendations,
p. 13
253 Report of the Special Rapporteur on Sales of Children, Child Prostitution and Child Pornography: Mission
to Morocco, E/CN.4/2001/78/Add.1, para 21. Review of Reports, Studies and Other Documentation for
the Preparatory Committee and the World Conference: Contribution Submitted by the Special Rapporteur
on Violence against Women, A/CONF.189/PC.3/5 (2001), para 77.
254 E/CN.4/RES/2005/16 Resolution 2005/16 (Human Rights and Extreme Poverty).
255 E/C12/2001/10.
256 Obokata, T.: Traffi cking of Human Beings from a Human Rights Perspective – towards a holistic approach.
p. 123.
257 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (1997).
258 Report of the Independent Expert of Human Rights and Extreme Poverty, E/CN.4/1999/48.
259 Maastricht Guidelines para. 6.
260 Ibid.
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