A/HRC/26/18 II. International legal framework of the right to an effective remedy 5. The right to an effective remedy for victims of human rights violations is recognized under several major international human rights instruments. In the case of victims of trafficking, the obligation to provide remedies stems from the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol). Articles 2, 6, 7 and 9 of the Protocol highlight the role of the State in ensuring that victims are treated with full respect for their human rights and offered a comprehensive range of remedies. The Convention on the Elimination of All Forms of Discrimination against Women recognizes trafficking as a human rights violation and therefore sets State obligations in this regard (art. 6). The Recommended Principles and Guidelines on Human Rights and Human Trafficking4 refer to access to remedies, while the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law elaborate on the various forms of reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. 6. Alongside provisions that directly address trafficking in persons, other instruments address the rights of victims of human right violations, such as article 2 of the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and various conventions of the International Labour Organization (ILO), in particular ILO conventions 181 and 189. 7. According to the presentations made on the international legal framework at the various consultations, under international law, the duty of the States to provide remedies is invoked in three particular circumstances: (a) In the case of violations that are the result of an act of or omission by a State actor; (b) In the case of violations that are committed by non-State actors but with the acquiescence, collaboration, knowledge or acknowledgment of the State; (c) In the event of failure by the State to exercise due diligence to prevent, investigate or prosecute a violation by private actors.5 In the case of trafficking in persons, the responsibility of the State to provide remedies always arises and should be extended to all individuals, whether citizens or non-citizens, under its jurisdiction. III. Regional frameworks and initiatives 8. Different regions have developed legal frameworks and policy initiatives that reaffirm the right to remedy codified in international human rights instruments. 9. In its articles 12 to 16, the Council of Europe Convention on Action against Trafficking in Human Beings contains comprehensive provisions with regard to effective remedies for victims. Article 12 enshrines the obligation of Member States to secure 4 5 4 E/2002/68/Add. 1. See also Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10), para. 77.