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
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