A/HRC/23/48
(e)
Measures to discourage demand should conform with general principles
associated with the rule of law, i.e., should not make it an offence to commit an act
(including purchasing a particular service or produce) in circumstances in which the
purchaser could not reasonably be expected to be aware that he or she was
committing an offence, for example if a particular product or service is made or
provided by someone who has been trafficked, unless there is evidence that the
purchaser was negligent. This means that States should publicize any changes in the
law that make it an offence to purchase certain types of services or products made or
provided by people who have been trafficked, and provide unambiguous information
to potential purchasers about such services or products;
(f)
Measures to discourage demand which involve restricting the exercise of
the human rights, including by individuals who are judged to be especially vulnerable
to being trafficked, should conform with the principle of proportionality (i.e., they
must be appropriate to achieve their protective 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);
(g)
It is necessary to ensure that anti-trafficking measures do not adversely
affect the human rights and dignity of persons, in particular the rights of those who
have been trafficked, migrants, internally displaced persons, refugees and asylum
seekers. States should actively monitor the impact and possible side effects of
measures to discourage demand and take appropriate action to address any
unintended side effects which restrict the exercise of human rights;
(h)
States should seek the views of representatives of any particular group of
people who would potentially be affected by measures to prevent human trafficking in
a significant way and take these views into account when designing measures to
discourage demand. Seeking the views of such people means collecting relevant
information from people who, on account of their experience, are likely to be wellinformed about the shortcomings, gaps or unintended consequences of existing
policies and practices. In particular, as highlighted by the Committee on the Rights of
the Child, States have a responsibility to listen to and take into account the views of
children who may be impacted by any measures to discourage demand.
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