A/HRC/26/37
E.
Attention to causes and vulnerability factors
40.
The mandate holders have been mindful that prevention of future trafficking must be
based on a thorough and nuanced understanding of the root causes of this phenomenon,
including the factors that make some people more vulnerable than others to exploitation
related to trafficking. Such an understanding also helps to guide more effective responses,
for example by helping to identify persons and groups at risk of trafficking and by shaping
public and official understanding about how trafficking happens and why. Furthermore,
attention to underlying causes helps to counteract the prevailing narrative in reporting on
these issues, dominated by sensationalist stories about victims of trafficking, which
routinely overlook the underlying social and economic factors that led to the violation of
their human rights (A/67/261, para. 42).
41.
During the first decade of the mandate, the mandate holders have consistently sought
to identify those factors that contribute to increasing the vulnerability to trafficking of an
individual or a group. The work of the mandate has revealed consistency across all regions
and all manifestations of trafficking with regard to the factors that include human rights
violations associated with (a) poverty and inequality, (b) migration and (c) discrimination,
including through gender-based violence. Critically, there is almost never a single root
cause; as the Special Rapporteur has noted, “it is the combination of multiple factors that
may place certain individuals at a higher risk of being trafficked” (A/65/288, para. 26). The
Special Rapporteur has maintained throughout that States have a legal obligation to work to
prevent trafficking by addressing vulnerability. That obligation is part of international
treaty law and has been regularly affirmed by the Human Rights Council and the General
Assembly,4 as well as by the human rights treaty bodies.
VI.
Major areas of focus and concern
42.
Both mandate holders have taken a strongly thematic approach to their work,
actively seeking to identify cross-cutting concerns and aspects and manifestations of
trafficking that are highly relevant to all States and have not yet been subject to detailed
consideration. This is especially appropriate given that trafficking, as now understood, is a
new issue for many Governments and for the international community as a whole. In the
present section, the Special Rapporteur has identified five areas of the work that have
emerged as major themes of importance to the anti-trafficking movement as a whole,
namely: (a) the right of victims to assistance, protection and support; (b) the right of victims
to remedies; (c) human rights in the criminal justice response; (d) the prevention of
trafficking - identifying the core strategies; and (e) trafficking in persons for the removal of
organs. Some of these have been regularly considered throughout the mandate in the
context of annual reporting and/or country visits. Others have been subject to separate,
detailed consideration. It should be noted that the breadth of the work of the Special
Rapporteur is considerable and the present report does not include all substantive areas
dealt with by the mandate holders.
A.
Rights of victims to assistance, protection and support
43.
In line with the rights-based and victim-centred approach taken throughout the
mandate, both mandate holders have focused strongly on elaborating the legal dimensions
4
See, for example, General Assembly resolution 67/145, paras. 10–12 and 22 and Human Rights
Council resolution14/2, para. 7 (g).
11
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