A/HRC/15/27
had a right to be protected against further harm. The situation of child victims
required special attention to their vulnerabilities and their special rights.
48.
In relation to criminal justice responses to trafficking, the Special Rapporteur
highlighted the increasing acceptance of a fundamental link between criminal justice
responses to trafficking and victim protection. There was no “single” approach to that
issue: each one reinforced each other and a response to trafficking that prioritized one
approach over another was unlikely to be effective. Criminal justice responses to
trafficking should be aimed at both ending the impunity of traffickers and securing
justice for victims. States must take care to ensure that victim involvement in the
investigation and prosecution of their exploiters is safe and does not cause further
harm. That required active support, respect for privacy and special attention to the
needs of child victims who are also witnesses.
49.
In relation to prevention, the Special Rapporteur noted that prevention cut
across many areas of anti-trafficking work. States were under an international legal
obligation to prevent trafficking and that required them to consider and deal with the
many factors that contributed to the vulnerability that underlined much trafficking.
Seminar participants had canvassed a wide range of such factors, including: unjust
migration regimes; global trade policies that exacerbated inequalities within and
between countries; discrimination against vulnerable groups, including women,
children, migrants and minorities; and demand for the goods and services produced
through trafficking. Measures such as ensuring the financial empowerment of women,
providing job opportunities, raising awareness, working with business and training of
officials were all important strategies to prevent trafficking and related exploitation.
Prevention also required the consideration of entrenched issues such as corruption.
50.
The Special Rapporteur concluded by affirming the legitimacy and value of a
human rights approach to trafficking: an approach where “the trafficked person is
the centre of law, policy and action”. She pointed out that prioritizing human rights
did not mean that other objectives or approaches were to be considered unimportant
or invalid. For example, States remained entitled to develop strong criminal justice
responses to trafficking. In fact, the Principles and Guidelines identified a number of
specific obligations in that regard. States also remained free, within constraints
imposed by international law, to develop migration strategies that seek to address
trafficking. However, at each step of every response, the human rights impact of that
step and of the overall response must be considered and monitored. The ultimate
objective of responses to trafficking should be to protect individuals from traffickingrelated violations of their human rights and to provide assistance when such violations
are not, or cannot, be prevented. The Principles and Guidelines were an authoritative
statement of the human rights approach to trafficking, showing how it could work in
practice. Over the past eight years understanding in that area had grown
considerably. However, despite important progress, many challenges remained.
Keeping human rights at the forefront of the thinking about trafficking would help
ensure that those challenges could be met and overcome. Participants agreed that the
international human rights system, including the Human Rights Council and the
Office of the High Commissioner for Human Rights, had an important role to play in
encouraging and directing further development in that area.
51.
In closing the seminar, the Chair underlined that the level of discussion and
engagement during the seminar had been particularly high. The Chair thanked
panellists, experts and participants, including the many Member States in attendance.
Civil society representatives had been extremely generous in sharing their
experiences, thereby contributing to the identification of good practices and
opportunities. The Chair referred to the events on trafficking that would take place
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