A/HRC/31/57
39.
All places of detention must be subject to unannounced visits by independent bodies
established in conformity with the Optional Protocol to the Convention against Torture. The
inclusion of women, lesbian, gay, bisexual and transgender persons and other minority
representation on inspection bodies at all levels would help facilitate the reporting of
gender-based violence and discrimination and identify cases of torture and ill-treatment.
C.
Trafficking in women and girls
40.
Human trafficking affects approximately 21 million adults and children worldwide,
including 11.4 million women and girls.16 Human trafficking is a particularly egregious
human rights violation and a form of gender-based violence specifically targeting girls and
women for exploitation and placing them at high risk of physical and psychological abuse,
trauma and disease. Systemic discrimination against women and girls, including lack of
access to education, resources and employment, renders them especially vulnerable to
trafficking. Trafficked women and girls are routinely subjected to confinement, severe
physical and sexual abuse, humiliation and threats for the purposes of commercial sexual
exploitation, domestic servitude, forced and bonded labour and organ removal.17 These
practices unequivocally amount to torture and ill-treatment (A/HRC/13/39).
41.
While trafficking is perpetrated primarily by private persons, public officials
actively acquiesce in or facilitate trafficking operations, for instance by accepting bribes or
inducements and certifying or ignoring unlawful working conditions. 18 Furthermore,
whenever States fail to exercise due diligence to protect trafficking victims from the actions
of private actors, punish perpetrators or provide remedies, they are acquiescent or complicit
in torture or ill-treatment (A/HRC/26/18).19 This is particularly the case whenever the
conduct is systematic or recurrent such that the State knew or ought to have known of it and
should have taken steps to prevent it, including criminal prosecution and punishment. 20
States must implement a combination of measures to combat trafficking, of which the duty
to penalize and prosecute is just one.21 In designing measures to protect, support and
rehabilitate victims of trafficking, States must consider the age, gender and special needs of
victims with a view to protecting women and children from revictimization. 22 The
criminalization and detention of trafficking victims for status-related offences and
“protective” purposes can also amount to ill-treatment.
D.
Torture and ill-treatment of women, girls, and lesbian, gay, bisexual,
transgender and intersex persons in health-care settings
42.
Women are vulnerable to torture and ill-treatment when seeking medical treatment
on the basis of actual or perceived non-conformity with socially determined gender roles
16
17
18
19
20
21
22
International Labour Organization, “Forced labour, human trafficking and slavery”.
Organization for Security and Cooperation in Europe, Trafficking in Human Beings Amounting to
Torture and other Forms of Ill-Treatment (Vienna, 2013).
OHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking (2010).
See also General Assembly resolution 61/180.
European Court of Human Rights, application No. 73316/01, Siliadin v. France, judgement of 26 July
2005.
European Court of Human Rights, application No. 25965/04, Rantsev v. Cyprus and Russia,
judgement of 7 January 2010.
See Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Supplementing the United Nations Convention against Transnational Organized Crime, art.
9.
11
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