Special Rapporteur on trafficking in persons ,
especially in women and children
International standards
In performing her functions, the Special Rapporteur shall refer
to the Recommended
Principles and Guidelines on Human Rights and Human Trafficking
(henceforth the “Guidelines”) developed by the Office of the High
Commissioner for Human Rights (OHCHR) to provide practical,
rights-based approach policy guidance on the prevention of
trafficking and the protection of trafficked persons and with a view
to facilitating the integration of a human rights perspective into
national, regional, and international anti-trafficking laws,
policies and interventions.
The Guidelines and their implementation will be considered within
the broader framework of the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention
against Transnational Organized Crime and other relevant conventions
and treaties.
In interpreting the provisions of the Protocol and of the
Guidelines and in using them as basis to formulate her
recommendations, the Special Rapporteur shall refer to the Universal Declaration of
Human Rights and the main international human rights
instruments: The
International Covenant on Civil and Political Rights; the International
Covenant on Economic, Social and Cultural Rights; the Convention against
Torture; the Convention
against Discrimination against Women; the Convention on the
Elimination of All Forms of Racial Discrimination; the Convention on the
Rights of the Child; the Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families ; The Supplementary Convention on the Abolition of, the
Slave Trade and Institutions and Practices Similar to Slavery; The
Vienna Declaration on Criminality and Justice and existing regional
conventions and treaties against trafficking.
Given that the victims of trafficking in the majority of cases
find themselves in an irregular situation in the country of
destination, the Special Rapporteur shall refer, in her analysis, to
already existing research on the human rights of non-citizens. This
does not in any way prejudice the application of specific protection
measures for the victims of trafficking*.
The Convention on the Rights of the Child, almost universally
ratified, will provide the main reference for what concerns the
situation of trafficked children. Also the Optional
Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography will be
particularly relevant.
A number of International Labour Office (ILO) Conventions will
also be particularly relevant for the work of the Special
Rapporteur, in particular, ILO
Conventions No. 29 and No. 105 on
Forced or Compulsory Labour, ILO Convention
182 on the Worst Form of Child Labour and ILO Convention No. 143
on Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers. *See in particular
E/CN.4/Sub.2/2003/23 and Add.1-4 and E/CN.4/2003/85 and
E/CN.4/2004/76 and their
addenda |