A/HRC/7/12 page 19 applicable, refugee law.41 But, while these branches of law continue to apply to irregular migrants, in practice such migrants continue to be vulnerable to exploitation and abuse due to their lack of legal status in a country.42 56. The purposes of the Trafficking Protocol are to prevent and combat trafficking in persons, especially women and children, to protect and assist the victims of trafficking, and to promote cooperation among States in order to meet these objectives.43 The Trafficking Protocol provides that consent to exploitation is irrelevant where any of the “means” set out in the definition are used and calls upon States to establish the involvement of individuals in the process of trafficking as a criminal offence and mandates a number of measures to be taken to prevent and combat trafficking, unilaterally and in cooperation with other States.44 Such measures include information exchange and training of relevant officials, strengthening border controls, and the security of travel or identity documents. 57. Despite these protections, victims of trafficking, often misinformed, commit administrative infractions, such as irregular entry, use of false documents and other violations of immigration laws and regulations, which make them liable to detention and contribute to their criminalization. Furthermore, the law of some States punishes as criminal offences irregular entry, entry without valid documents or engaging in prostitution, including forced prostitution. Victims of trafficking are thus often detained and deported without regard for their specific needs for protection and without consideration for the risks they may be exposed to if returned to their country of origin.45 58. The purposes of the Smuggling Protocol are to prevent and combat the smuggling of migrants, and promote cooperation among States parties to that end, while protecting the rights of migrants. In particular, it calls for special protection of migrants in the context of the right to life, the right not to be subject to torture or other cruel, inhumane and degrading treatment, as well as draws attention to the special needs of women and children. However, it is clear that the protection afforded to smuggled migrants is considerably less than that provided for victims of trafficking under the Trafficking Protocol, specifically because smuggled migrants are considered to have consented to the practice. The Smuggling Protocol’s emphasis is on strengthening border controls and, while there is a prohibition on an individual from being 41 Trafficking Protocol, article 14, and Smuggling Protocol, article 19. 42 See the discussion in Cholewinski, et al., pp. 24-28. 43 Trafficking Protocol, article 2. 44 Ibid., articles 3 (b) and 5. 45 See report of the Special Rapporteur on the human rights of migrants, Gabriela Rodríguez Pizarro, E/CN.4/2003/85.