A/HRC/10/64
page 18
III. THE RECOMMENDED PRINCIPLES AND GUIDELINES ON
HUMAN RIGHTS AND HUMAN TRAFFICKING
76. Since its earliest involvement in the issue of trafficking, OHCHR has sought to
promote and support a human rights approach to combating trafficking in persons.
OHCHR has focused on elaborating a series of tools that can be used by States,
intergovernmental organizations, human rights bodies, non-governmental organizations and
individuals to further the goal of preventing trafficking and protecting the rights of victims.
The foundation for this work has been the Recommended Principles and Guidelines on
Human Rights and Human Trafficking38 developed in 2002 by OHCHR in consultation with
United Nations agencies and international experts. This instrument is set to be strengthened by
the forthcoming release of a detailed commentary on the Recommended Principles and
Guidelines on Human Rights and Human Trafficking and an implementation guide for the
Recommended Principles and Guidelines. The Principles and Guidelines explicitly advocate a
human rights approach to trafficking: one that is normatively based on international law
including human rights standards and operationally directed to promoting and protecting human
rights. A human rights approach to trafficking requires analysis of the ways in which human
rights violations arise throughout the trafficking cycle and of the obligations of States under
international human rights law. It seeks to both identify and redress the discriminatory practices
and unjust distribution of power that underlie trafficking, that maintain impunity for traffickers,
and that deny justice to victims.
A. The Recommended Principles and Guidelines
on Human Rights and Human Trafficking
77. In July 2002 the High Commissioner for Human Rights transmitted a set of Recommended
Principles and Guidelines on Human Rights and Human Trafficking to the Economic and Social
Council. In her report accompanying this document, the High Commissioner explained that
development of the Principles and Guidelines was the response of her Office to the clear need for
practical, rights-based policy guidance on the trafficking issue. The High Commissioner noted
that OHCHR had adopted the Principles and Guidelines as a framework and reference point for
its own work on this issue and encouraged States and intergovernmental organizations to make
use of them in their own efforts to prevent trafficking and to protect the rights of trafficked
persons.39
78. The Principles and Guidelines are the result of a wide-ranging, informal consultation
involving individual experts and practitioners, as well as representatives of United Nations
agencies and programmes and other intergovernmental organizations working on trafficking and
related issues. Their purpose is to promote and facilitate the integration of a human rights
perspective into national, regional and international anti-trafficking laws, policies and
interventions.
38
E/2002/68/Add.1.
39
E/2002/68, para. 62.
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