Despite the impressive achievements of the past decade, the rights of individuals and the obligations of States in this area are not yet widely or well understood. As a result, the potential of international law to guide and direct positive change is only partially being fulfilled.
The Commentary seeks to remedy this situation.
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It uses the Principles and Guidelines to structure a detailed overview of the legal aspects of human trafficking, focusing particularly but not exclusively on international human rights law. This handbook aims to help improve cooperation between criminal justice officials who are involved in cross-border trafficking investigations. This paper addresses principles on the prohibition of exploitation and slavery in both International and Islamic law, as well as principles providing protection for its victims.
The paper is targeted both at Islamic practitioners who want to learn more about combating human trafficking and also at anti-trafficking practitioners wanting to learn more about Islamic law. For the Arabic version, click here. This compilation of selected legal reference materials includes universal instruments and policy relating to human trafficking, regional law and policy relating to human trafficking, and references to additional resources.
These guidelines are intended to provide interpretative legal guidance on the qualification of trafficked persons for refugee protection. All rights reserved. Skip to main content.
Human Trafficking Case Law Database To assist countries in meeting their obligations under the United Nations Trafficking in Persons Protocol, UNODC has developed a reporting system for collecting and disseminating information on human trafficking prosecutions and convictions. All public officials suspected of being implicated in trafficking shall be investigated, tried and, if convicted, appropriately punished.
Trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons. States shall ensure that trafficked persons are protected from further exploitation and harm and have access to adequate physical and psychological care.axekewenus.tk
Such protection and care shall not be made conditional upon the capacity or willingness of the trafficked person to cooperate in legal proceedings. Legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil or other actions against suspected traffickers. States shall provide protection and temporary residence permits to victims and witnesses during legal proceedings.
Children who are victims of trafficking shall be identified as such.
Their best interests shall be considered paramount at all times. Child victims of trafficking shall be provided with appropriate assistance and protection. Full account shall be taken of their special vulnerabilities, rights and needs. Safe and, to the extent possible, voluntary return shall be guaranteed to trafficked persons by both the receiving State and the State of origin.
States shall adopt appropriate legislative and other measures necessary to establish, as criminal offences, trafficking, its component acts  and related conduct . States shall effectively investigate, prosecute and adjudicate trafficking, including its component acts and related conduct, whether committed by governmental or by non-State actors. States shall ensure that trafficking, 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 trafficking or of its component or related offences.
States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal persons involved in trafficking. To the extent possible, confiscated assets shall be used to support and compensate victims of trafficking. States shall ensure that trafficked persons are given access to effective and appropriate legal remedies. Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the centre of any measures taken to prevent and end trafficking.
Anti-trafficking measures should not adversely affect the human rights and dignity of persons and, in particular, the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum-seekers. States and, where applicable, intergovernmental and non-governmental organizations, should consider:. Ensuring that bilateral, regional and international cooperation agreements and other laws and policies concerning trafficking in persons do not affect the rights, obligations or responsibilities of States under international law including human rights law, humanitarian law and refugee law.
Offering technical and financial assistance to States and relevant sectors of civil society for the purpose of developing and implementing human rights-based anti-trafficking strategies. Trafficking means much more than the organized movement of persons for profit.
The International Law of Human Trafficking - Anne T. Gallagher - Google книги
While the additional elements that distinguish trafficking from migrant smuggling may sometimes be obvious, in many cases they are difficult to prove without active investigation. States are therefore under an obligation to ensure that such identification can and does take place.
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States are also obliged to exercise due diligence in identifying traffickers,  including those who are involved in controlling and exploiting trafficked persons. Effective and realistic anti-trafficking strategies must be based on accurate and current information, experience and analysis. It is essential that all parties involved in developing and implementing these strategies have and maintain a clear understanding of the issues.
The media have an important role to play in increasing public understanding of the trafficking phenomenon by providing accurate information in accordance with professional ethical standards.
States and, where appropriate, intergovernmental and non-governmental organizations, should consider:. There is an urgent need to harmonize legal definitions, procedures and cooperation at the national and regional levels in accordance with international standards. The development of an appropriate legal framework that is consistent with relevant international instruments and standards will also play an important role in the prevention of trafficking and related exploitation. States should consider:. Enacting legislation to provide for the administrative, civil and, where appropriate, criminal liability of legal persons for trafficking offences in addition to the liability of natural persons.
Reviewing current laws, administrative controls and conditions relating to the licensing and operation of businesses which may serve as cover for trafficking such as marriage bureaux, employment agencies, travel agencies, hotels and escort services. Making legislative provision for effective and proportional criminal penalties including custodial penalties giving rise to extradition in the case of individuals. Where appropriate, legislation should provide for additional penalties to be applied to persons found guilty of trafficking in aggravating circumstances including offences involving trafficking in children or offences committed or involving complicity by State officials.
Making legislative provision for confiscation of the instruments and proceeds of trafficking and related offences. Where possible, the legislation should specify that the confiscated proceeds of trafficking will be used for the benefit of victims of trafficking. Consideration should be given to the establishment of a compensation fund for victims of trafficking and the use of confiscated assets to finance such a fund. Ensuring that legislation prevents trafficked 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 trafficked persons.
Providing legislative protection for trafficked 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. Making effective provision for trafficked persons to be given legal information and assistance in a language they understand as well as appropriate social support sufficient 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 identified as trafficked.
Although there is evidence to suggest that trafficking in persons is increasing in all regions of the world, few traffickers have been apprehended. More effective law enforcement will create a disincentive for traffickers and will therefore have a direct impact upon demand. An adequate law enforcement response to trafficking is dependent on the cooperation of trafficked persons and other witnesses. These problems are compounded when law enforcement officials are involved or complicit in trafficking.
Strong measures need to be taken to ensure that such involvement is investigated, prosecuted and punished. Law enforcement officials must also be sensitized to the paramount requirement of ensuring the safety of trafficked persons. This responsibility lies with the investigator and cannot be abrogated. States and, where applicable, intergovernmental and non-governmental organizations should consider:. Sensitizing law enforcement authorities and officials to their primary responsibility to ensure the safety and immediate well-being of trafficked persons;.
Ensuring that law enforcement personnel are provided with adequate training in the investigation and prosecution of cases of trafficking. This training should be sensitive to the needs of trafficked persons, particularly those of women and children, and should acknowledge the practical value of providing incentives for trafficked persons and others to come forward to report traffickers. The involvement of relevant non-governmental organizations in such training should be considered as a means of increasing its relevance and effectiveness.
Providing law enforcement authorities with adequate investigative powers and techniques to enable effective investigation and prosecution of suspected traffickers. States should encourage and support the development of proactive investigatory procedures that avoid over-reliance on victim testimony.