Loading in 2 Seconds...
Loading in 2 Seconds...
Trafficking in Human Beings – the international legal framework. IOM-UNITAR UN HQ NYC 9-11 June 2010. Kristina Touzenis. Slavery and Trafficking. Slavery Convention 1926 Convention Concerning Forced or Compulsory Labour 1930
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
9-11 June 2010
Trafficking in Persons:
(UN Protocol to Prevent, Suppress and Punish Trafficking in persons, especially Women and Children)
Place of Origin
Place of Destination
- movement of a person
- for the purpose of exploitation
- organised by a trafficker
Concept of trafficking
by a trafficker
The “abuse of a power or of a position of vulnerability” contained in Article 3 of the Protocol is understood to refer to any situation in which the person involved has no real and acceptable alternative but to submit to the abuse involved.
The Protocol does not define any of the mentioned forms of exploitation related to forced labour. But a definition for each of them can be found in the relevant international convention.
The concept of forced labour as defined by ILO Convention 29 comprises three basic elements:
Neither “exploitation of the prostitution of others” nor “other forms of sexual exploitation” is defined in the Palermo Protocol, partly due to the discussion taking place regarding prostitution and the possibility of prostitution not always amounting to exploitation.
Trafficking and smuggling are criminal justice issues. They affect territorial integrity because they involve the facilitation of crossing of borders and remaining in a State in violation of national criminal and immigration laws.
The act of trafficking and the exploitation of their labour expose victims to a variety of criminal acts including deprivation of liberty, theft of identity documents, sexual, physical and psychological abuse and blackmail (threats to inform relatives or police about the victims’ activity).
Upon arrival restriction of movement, work conditions, consequences of racisms and law enforcement practices such as detention centres, repatriation and rights linked to legal processes are some of the issues with a human rights aspect in the trafficking context
Article 6.2 states thatEach State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases: (a) Information on relevant court and administrative proceedings; (b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
Article 6, paragraph 4, of the Trafficking in Persons Protocol provides that States parties, in considering measures to assist and protect victims of trafficking, must take into account the special needs of child victims.
The United Nations High Commissioner for Human Rights has developed Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1), which provide an important framework guiding the criminalization of trafficking in persons and the development of a legislative framework.
States have an obligation to protect horizontally – by having adequate laws, processes, punishments for the crime of trafficking (as for other crimes that affect the human rights of individuals). A failure in the context of trafficking by the state to protect and to impose that trafficking cannot flourish unchecked may be considered a failure to fulfil the obligation to protect against human rights abuse.
Horizontal application does not necessarily mean that the state is in breach of its human rights obligations just because a person has been trafficked. There must also be some failure on the part of the state to secure the rights and freedoms guaranteed.