A/HRC/26/37
B.
All forms of trafficking and all victims
35.
As noted above, international understanding of the nature and scope of trafficking
has expanded significantly in the past several decades. It is now widely accepted that
women, men and children are trafficked and that the forms of trafficking are as varied as
the potential for profit or other personal gain. This development is highly significant from
the perspective of international law because it brings within the relevant legal framework a
wide range of exploitative conduct, much of which has been poorly or selectively regulated
at both national and international levels.
36.
Both mandate holders have embraced this comprehensive understanding of
trafficking, which includes trafficking in children for sexual purposes, child labour,
adoption and participation in armed conflict; trafficking in men for forced labour and other
exploitation; trafficking in women and girls for forced marriage, sexual exploitation and
forced labour; and trafficking in persons for removal of organs.
C.
A human rights-based approach
37.
A human rights-based approach has been integral to the mandate since its inception
in recognition of the fact that responses to trafficking have not always been grounded in the
firm foundations provided by human rights. The Special Rapporteur has consistently
maintained that prioritizing other concerns, such as crime prevention and migration control
over human rights, distorts the nature of the problem and obscures the most important and
effective solutions. The two fundamental principles of a human rights approach were set
out by the first mandate holder in her first report and they continue to guide the work of the
mandate. They are first, that the human rights of trafficked persons must be at the centre of
all efforts to combat trafficking and to protect, assist and provide redress to those affected
by trafficking; and second, that anti-trafficking measures should not adversely affect the
human rights and dignity of the persons concerned (E/CN.4/2005/71, para. 11). The current
mandate holder has actively sought to develop the concept further, for example by showing
how consultation with those who will be or have been affected by potential anti-trafficking
measures is essential to a human rights approach to trafficking (A/HRC/23/48, para. 76).
D.
A child-centred approach
38.
It is well established that the trafficking of children through abduction, sale and
other means is a widespread criminal phenomenon affecting all regions and most countries.
The work of the mandate has confirmed that children are trafficked for the purpose of
sexual exploitation, including prostitution and the production of pornography. They are
trafficked for forced and exploitative labour on farms, in factories and on fishing boats, for
forced begging and for domestic servitude in private homes. While much trafficking of
children involves movement across international borders, many countries experience the
phenomenon of internal trafficking of children.
39.
The Special Rapporteur has repeatedly emphasized that the needs of child victims of
trafficking in terms of assistance, protection and support will often differ substantially from
those of adults and has advocated for child-specific and child-centred measures in relation
to the identification and protection of, and assistance to, children that are based on the
principles and provisions of existing human rights law, most importantly the Convention on
the Rights of the Child (A/64/290, paras. 68–76). Such an approach also involves listening
and responding to the voices and views of children who have been or who are at risk of
being trafficked (A/HRC/23/48, para 69).
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