A/HRC/20/18 discriminatory practices and unjust distributions of power that underlie trafficking, maintain impunity for traffickers and deny justice to victims of trafficking. 6 13. The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages. 14. Over the past decade, many States have made important progress in the development of effective and rights-based criminal justice responses to trafficking that are consistent with these principles and standards. It is nevertheless important to acknowledge that both commitment and capacity vary widely, and many challenges to implementing a rightsbased approach remain. 15. In the present report, the Special Rapporteur thus seeks to contribute to a better understanding of the criminal justice response to trafficking by exploring examples of good practices and analysing some of the challenges faced by States. The Special Rapporteur will draw on the responses of States to her questionnaire (annex I). She thanks the States that submitted responses to her questionnaire (annex II) for their involvement. A. Criminalization of trafficking 16. The criminalization of human trafficking is an essential aspect of any programme to combat and prevent trafficking in persons. The obligation on States to criminalize trafficking is clear; it is contained in all specialist trafficking treaties 7 and its importance has been repeatedly confirmed through international and regional policy instruments, 8 including by the United Nations Global Plan of Action to Combat Trafficking in Persons. 9 17. It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. 10 This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard. 18. In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; 11 they must also ensure that the 6 7 8 9 10 11 Recommended Principles and Guidelines on Human Rights and Human Trafficking: Commentary, OHCHR, New York and Geneva, 2010, pp. 49-50. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, art. 5; Convention on Action against Trafficking in Human Beings, art. 18; and European Union Directive I 2011/36/EU, art. 12. See, for example, E/2002/68/Add.1, principle 12, and General Assembly resolution 64/178, para. 4. General Assembly resolution 64/293, annex, para. 43 (b). Protocol to Prevent, Suppress and Punish Trafficking in Persons, art. 2. Ibid., art. 5.1. 5