A/HRC/23/48 arising, or of the implementation of measures which are not wanted by those they will primarily impact upon. A range of human rights are violated in human trafficking cases, covering a broad area in the social sphere and linked to different kinds of activities. Responses, therefore, require a multidisciplinary approach. Consultation with those affected by measures to reduce demand can highlight the complexity of the issues, as well as suggesting further courses of action and research. 7. Freedom of movement 79. A human rights-based approach to human trafficking must ensure legislation and policy does not infringe upon other human rights. A key issue here concerns the freedom of movement and the risks involved with measures to reduce demand. Such measures have the potential to provide States with a rationalization for the intensification of efforts to prevent immigration. Furthermore, a recent UNESCO report notes that anti-trafficking measures often disproportionately focus on combating irregular migration, rather than on the conditions to which victims are subjected, and lack assistance and protection services for victims.30 In many countries, assistance, protection and even temporary regularization of immigration status are dependent upon compliance with law enforcement authorities. 80. Indeed, issues relating to migration and freedom of movement are perhaps the most problematic of human rights concerns surrounding anti-trafficking measures. Measures which restrict legal migration channels risk exacerbating both human trafficking and human smuggling, as well as the human rights violations which surround them. Trafficking is an outcome of global political and economic realities, particularly massive disparities of wealth and standard of living. This must be taken into consideration in the formulation of any response to the demand for human trafficking. 81. A proportionate response to the demand problem must take into account the potential of anti-trafficking measures that restrict freedom of movement to increase the risk of human smuggling. Higher prices will be commanded from smugglers and those who cannot pay may become more vulnerable to exploitation. 82. In addition, a disproportionate focus on tighter migration controls also risks exacerbating the situation further along the trafficking cycle. Studies have noted that traffickers often exploit victims‟ fear of possible deportation, their illegal residence or labour status to prevent victims from escaping. Such observations provide further support for avoiding measures which focus disproportionately on human trafficking as a migration issue. IV. Conclusions and recommendations 83. Under the terms of article 9 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States parties are required to “adopt or strengthen legislative or other measures … to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking”. 84. In the context of trafficking in persons and the exploitation of persons, “demand” refers to the desire and preference for a particular commodity, labour or service, without respect for international human rights law, including fundamental 30 Kristina Touzenis, Trafficking in Human Beings: Human Rights and trans-national criminal law, developments in law and practices, UNESCO Migration Studies 3 (Paris, UNESCO, 2010). p. 149. 19

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