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.
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