A/HRC/15/27
primary duty bearer. The special attention afforded to victims in that approach did not exist
in criminal justice. Law enforcers needed to admit that human rights should be part of their
obligations. That might have a knock-on effect on other areas of their work and, for
instance, help in preventing torture in detention. The speaker referred to the particular
manifestations of trafficking in her country, including mail-order brides, child soldiers, the
removal and sale of organs, and international adoption, and noted the importance of
comprehensive legislation. Strong victim identification procedures were also essential,
particularly in view of the fact that in law enforcement responses in that area were often
reactive. Human rights commissions could play an important role in protecting victims and
holding the State to account. The speaker’s institution had concluded an agreement with the
national Government to work together in combating trafficking.
19.
Ms. Gupta pointed out that no one chose to be born poor, low-caste or female;
slavery was not inevitable; and that victims of trafficking sought the dismantling of the
systems and structures that enabled their exploitation. They were claiming their right to
food, housing, education and a livelihood as the best way to ensure protection against
trafficking. The speaker noted that measures aimed at alleviating suffering or preventing
further harm were not sufficient without action to address demand for trafficking. She noted
the prevalence of internal trafficking and observed that border management approaches had
no impact on that aspect of the phenomenon. Those targeted for sexual exploitation and
cheap labour tended to be poor and/or young, belong to minority populations and to have a
history of abuse and little family support. For victims and potential victims, comprehensive
assistance and protection programmes that addressed their vulnerabilities were vital, such
as legal protection together with rehabilitation and viable economic options. Traffickers and
end-users must be prosecuted and appropriately punished.
20.
Ms. Requena introduced the Council of Europe’s Convention on Action against
Trafficking in Human Beings, an instrument that integrated a strong rights-based approach
to the issue. The Convention, which currently had 27 States parties and an additional 16
signatories, was open to all States and the European Union. The Convention was
strengthened through an independent mechanism charged with monitoring implementation
of its provisions. The speaker highlighted a recent decision by the European Court of
Human Rights that had affirmed the legal responsibility of States to protect victims and to
effectively investigate trafficking cases. The Court had also concluded that in that particular
case trafficking fell within the concept of “slavery and forced labour”, prohibited by the
European Convention on Human Rights. The speaker concluded by noting that the Council
of Europe Convention on Action against Trafficking in Human Beings affirmed many of
the core positions set out in the Recommended Principles and Guidelines on Human Rights
and Human Trafficking. As a legally binding instrument, the Convention should be able to
enhance the impact and further the application of the Principles and Guidelines.
21.
In the plenary discussions that followed the expert presentations, interventions were
made by representatives of 10 States (Uruguay, Egypt, Germany, Belarus, Eritrea, China,
Cyprus, Russian Federation, the Philippines and Mexico), ILO, IOM, UNICEF, the
International Federation of Red Cross and Red Crescent Societies, Fundación Mujeres en
Igualdad (Argentina), Anti-Slavery International, Equality Now/European Women’s
Lobby, ECPAT International and the Soldiers’ Mothers Association of St. Petersburg
(Russian Federation).
22.
All speakers participating in the plenary session affirmed the importance of a human
rights-based approach to victim protection and support. It was noted by a number of
speakers that such an approach required all efforts to ensure that trafficked persons were
accorded all human rights, including those to which they were entitled as victims of crime
as well as victims of human rights violations. International law imposes further and
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