A/HRC/23/48 labour rights. This desire is usually expressed in the form of money which supplies income for traffickers and their associates. Discouraging such demand requires measures to address the nature and extent of the exploitation of trafficked victims (primarily in the places where they are exploited), as well as measures to address the social, cultural, political economic, legal and development factors that shape demand and influence or enable the trafficking process. This can be done by influencing the purchasing decisions of individuals and business entities, who contribute, wittingly or unwittingly, to the income of traffickers and their associates. States have a responsibility to act with due diligence to prevent trafficking in persons, including taking measures to discourage demand. 85. Taking in account States’ obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons: (a) States should identify and analyse factors that generate demand for exploitative sexual services and exploitative labour and take strong legislative, policy and other measures to address these issues. Measures to discourage demand should be based on existing experience and accurate information about patterns of trafficking in persons occurring in their jurisdiction (concerning people trafficked into, through or out of their territory); (b) States have a responsibility to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise; (c) Discouraging demand routinely requires measures to stop discrimination, notably discriminatory practices which contribute to the exploitation of persons. These include discrimination based on gender, ethnicity, national origin and other criteria, such as discrimination against migrant workers in employment practices. States should eliminate acts or practices of discrimination on such grounds and should amend laws and policies that institutionalize discrimination and thereby also shape demand, particularly ones concerned with employment or migration, just as they must challenge discriminatory social attitudes, practices and beliefs, which also shape demand; (d) It is necessary to put regulatory and supervisory mechanisms in place whenever they encourage or facilitate any forms of labour migration, as the absence of such mechanisms has had the effect of facilitating trafficking in persons. Legislation is required to protect anyone who, in the absence of appropriate protection, can be exploited with relative ease (such as migrant workers in general, child workers,particularly those below the minimum age for admission to employment) and anyone working outside a formal or regulated workplace (such as migrant domestic workers and other migrants, particularly women, who work in unregulated or informal workplaces). Legislation may also be required to ensure that any places where trafficked persons may be deployed to work or earn money, including informal workplaces or settings, are subject to the rule of law and can be checked by law enforcement officials, if necessary; 20

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