A/HRC/7/3
page 20
phobias.74 It has been reported that the model programmes developed to provide assistance to
victims of classic torture are often used by organizations that assure psychological and medical
assistance for trafficked women.75
57. Regarding State duties in this context, in the case of Siliadin v. France, the European Court
of Human Rights found that the State failed to live up to the positive obligation to have in place a
criminal law system to prevent, prosecute and punish non-State actors involved in domestic
slavery.76 States may also be held accountable for failing to provide appropriate protection to
victims of human trafficking. In many instances trafficked women are not recognized as victims,
often owing to the existence of “contracts” between them and their “employers”. The Special
Rapporteur stresses that any initial consent becomes meaningless, once the element of
powerlessness is fulfilled.77 He also recalls that in the case of Barar v. Sweden, the European
Court of Human Rights held that the expulsion of a person to a State where he/she would be
subjected to slavery or forced labour might raise issues under the obligation to prohibit torture.78
58. The Committee against Torture has recognized that human trafficking and torture are
closely intertwined and has repeatedly commented on the need for legislation and other
measures.79
3. Women in the refoulement or refugee context
59. The refoulement context sheds light on several key issues, notably the question
of re-affiliation.80 There is no limit on where trauma stemming from past violation ends.
74
See for example, United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in
Persons (New York, 2006), p. 156.
75
Ibid.
76
European Court of Human Rights, case No. 73316/01, Siliadin v. France, 26 July 2005.
77
See article 3, paragraphs (b) and (c) of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children.
78
Barar v. Sweden, case No. 42367/98. Cases and Comment, European Human Rights Law
Review, vol. 3 (1999), p. 330.
79
See concluding observations on the Russian Federation, CAT/C/RUS/CO/4; Togo,
CAT/C/TGO/CO/1; Qatar, CAT/C/QAT/CO/1; Republic of Korea, CAT/C/KOR/CO/2;
Tajikistan, CAT/C/TJK/CO/1; South Africa, CAT/C/ZAF/CO/1; and Austria,
CAT/C/AUT/CO/3.
80
See also UNHCR Guidelines on International Protection No. 1: Gender-Related
Persecution within the Context of Article 1A (2) of the 1951 Convention and/or its
1967 Protocol Relating to the Status of Refugees (HCR/GIP/02/01), available at
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3d36f1c64. See also
UNHCR Guidelines on International Protection No. 7: The Application of Article 1A (2) of
the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of
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