A/HRC/15/27
awareness had increased, but the messages varied. For example, there was often a subtext to
prevention programmes that migration was dangerous and should be stopped, which was
neither rights-based nor empowering for the many individuals who needed to move to find
work. Too few prevention campaigns were subject to impact assessment. With respect to
demand, the speaker questioned whether there was indeed any agreement on what that
entailed. Would efforts to reduce demand lead to blanket measures or to targeted ones? He
also pointed out that different interventions would be required to address different types of
demand.
IV.
Conclusions and recommendations
45.
The Special Rapporteur on trafficking in persons, especially women and
children, summed up the findings and conclusions of the Seminar. Most importantly,
on the Recommended Principles and Guidelines on Human Rights and Human
Trafficking, she affirmed, based on the statements and discussions of all participants,
that the tool had proved to be a valuable resource for States, the international
community and civil society. Many participants were able to provide specific examples
of how the Principles and Guidelines had influenced law, policy and practice. The
seminar confirmed that a human rights approach to combating human trafficking
was one that was normatively based on international human rights standards and
operationally directed to promoting and protecting human rights. In a practical sense
such an approach worked to end the impunity of perpetrators while also securing
justice and rights for those who had been trafficked and preventing future trafficking.
Seminar participants affirmed that such an approach currently enjoyed widespread
support and that there was growing agreement as to the key elements of an effective,
rights-based approach to trafficking. The Principles and Guidelines had been
instrumental in guiding the development of rights-based responses and were widely
appreciated by all stakeholders.
46.
The Special Rapporteur noted that the Principles and Guidelines did much
more than promote a rights-based approach to trafficking; they provided substantive
and detailed guidance on the content of such an approach and on how it could be
effectively integrated into anti-trafficking responses. Because they were firmly based
on international law, the Principles and Guidelines complemented and reinforced the
international legal framework around trafficking, including the human rights law and
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime. Seminar participants welcomed the forthcoming
commentary to the Principles and Guidelines which, it was felt, would significantly
enhance their impact and usefulness.
47.
Referring to the challenges of victim identification, protection and support, the
Special Rapporteur affirmed that States had a clear legal obligation to provide
protection and support to victims of trafficking. Such protection and assistance should
be provided on a non-conditional and non-discriminatory basis. That obligation might
rest primarily on countries of destination but would also involve countries of origin
and transit. As the Principles and Guidelines made clear, victims should not be
criminalized for status-related offences. They should also not be detained in
immigration centres, prisons or shelters. Failure to identify victims of trafficking was
a serious obstacle to recognition and protection of their rights. All States must work
harder to ensure that victims are quickly and accurately identified. Victims must also
be allowed to access remedies, including compensation, for the harms committed
against them. All persons had a right to be protected against trafficking and victims
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