A/HRC/18/24 of detention, access to documents relating to detention, and interviews with relevant individuals, including those who were detained. The approach was comprehensive and considered the individual situation in the State, and the functioning of specifically the penitentiary system, but also the system more broadly. The creation of holistic regulatory frameworks and policies by the State would ensure that there was limited space for human rights violations to occur. 9. The importance of understanding the context of and risk factors for human rights violations was also reflected in the afternoon session in the context of migration, trafficking and discrimination. All panellists made clear that in order to fully prevent violations caused by migration and trafficking, it was essential to understand and address the economic context in which such movement occurred. People became vulnerable to trafficking, it was argued, because they were discriminated against and their economic and social rights were denied. It was further suggested that the phenomenon needed to be understood in the context of the world economic crisis. The pool of potential victims was rapidly growing due to patterns of widespread inequality, lack of employment opportunities, insecurity of food and livelihood, violence, conflict, discrimination and poverty. Building on this, the panellists agreed that it was essential to also look at the demand side of trafficking, which included the social, political and economic factors that developed and sustained the market for trafficking. To work on the prevention of human rights violations that were the result of migration and trafficking, it was essential to reduce the demand for exploitative sex and labour that led to that trade; such demand was linked to distorted market forces in the countries of destination, and weaknesses in the national, regional and international frameworks that allowed for impunity. 10. With regard to international human rights instruments, although there have been developments over the last three decades to address the issue of migration and trafficking, there are still gaps and challenges related to the non-application of the international norms. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was highlighted as an example, having been ratified by only a handful of States. While international law does clearly identify the forms of trafficking and the obligations on States with regard to the appropriate treatment of victims, there were still gaps in protection both within certain States and between countries of origin and countries of reception. 11. The questionnaire focused extensively on the structural and policy response that States, NHRIs, NGOs and other actors are taking to reflect the role of prevention in their functions. While responses varied between actors, some common responses and conclusions could be drawn from each sector. II. States A. Legislation, policies and programmes 12. Alongside voluntary pledges and commitments, States reported that they were ensuring the protection and promotion of human rights through the ratification of international human rights treaties and taking measures on their implementation. The ratification of regional charters, such as the European Social Charter, was another way of developing these protections. 13. Many States are introducing amendments and legal reforms for ensuring better human rights protection in their legislative frameworks. As a common rule, States reported that national constitutions were the main and fundamental legislation ensuring human rights protection, which in some cases was being complemented by specific legislation on certain 6

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