A/HRC/23/48 function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected.” 74. The Special Rapporteur does not wish to contribute to a rise in protectionism in world trade, but is aware that, by allowing the importation of goods which are known to have been produced wholly or partially by trafficked persons, States are failing to use this opportunity to discourage demand. There are important distinctions to make between exploitation of persons (associated with trafficking in persons) and the exploitation of child labour, with ILO estimating that the latter involves well over two hundred million children.27 It might be relatively easy for organizations with protectionist motives to claim that particular products are tainted by exploitation, in the absence of credible evidence. The Special Rapporteur consequently reaffirms the importance of States, as well as businesses, promoting the collection and publication of evidence by independent monitors. 75. Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process. 6. Consultation as integral to a human rights-based approach 76. Commitment to consulting those who will be or would have been affected by potential measures is essential to a human rights-based approach to human trafficking. States should aim to set a high standard for consultation, which may counteract a discourse in which trafficked persons are seen only as victims with little agency, and thus excluded from negotiations. It may also act as a further precedent for such groups to be involved as active subjects in any proposals which would affect their futures. 77. A report by the Global Alliance against Traffic in Women states that “a human rights approach to trafficking is empty and meaningless if it does not place at the very core the voice and agency of trafficked and migrant women”. 28 Whilst measures to address demand must evidently also include consultation with men and children, a human rightsbased approach to human trafficking must foreground the rights and wellbeing of those who have been trafficked, placing them and their views at the centre of discussions around measures to discourage demand. Genuine inclusion of the views and voices of those who have been trafficked assists in developing a proportionate response and reflecting the rights and desires of victims, as well as the inherent complexity of the issue. A consultative approach encourages the implementation of strategies focusing on the potential impact on such individuals, in keeping with international human rights principles around human trafficking. As the High Commissioner for Human Rights noted, a human rights-based approach “requires us to consider, at each and every stage, the impact that a law, policy, practice or measure may have on persons who have been trafficked and persons who are vulnerable to being trafficked”.29 78. An increased focus on consultation of the key groups affected by measures to reduce demand may reduce the possibility of unanticipated negative impacts of such strategies 27 28 29 18 ILO, Accelerating action against child labour: Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (Geneva, 2010), p. 5. Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (Bangkok, 2007), p. viii. Recommended principles and guidelines: Commentary, p. 3.