A/HRC/31/35 human trafficking. In 2010, the High Commissioner for Human Rights called upon States to adopt a human rights-based approach to trafficking. 73 61. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power universally recognizes the right of all people to access justice and to prompt redress.74 Migrants in transit should have the same rights in national law as other victims of crime. 62. The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, affirms that the protection of the rights of persons who have been the object of smuggling is a State obligation. Article 4 extends the scope of the Protocol beyond the prevention, investigation and prosecution of migrant smuggling offences to also ensuring the human rights of smuggled migrants. Article 6 requires States to criminalize the smuggling of migrants as well as aggravating circumstances that endanger lives or safety, or entail inhuman or degrading treatment of migrants. States are called upon to ensure that all measures aimed at addressing irregular migration or combatting the smuggling of migrants do not adversely affect the human rights of migrants. 75 IV. Conclusions 63. The main conclusion of this study is that there exists today a clear protection gap for migrants in transit. Across the world, an increasing number of women, men and children embark on perilous journeys in search of safety and dignity, and face abuse and exploitation in transit. The lack of a rights-based response to such migration results in greater risks for migrants in transit and leads to death, injuries and other human rights violations. 64. The response to transit migration is increasingly militarized and securitycentred, which permits States and other actors to employ a range of intrusive, nontransparent and even arbitrary actions, with limited scrutiny and oversight.76 Harm resulting from those measures may be viewed as an unfortunate side effect of national security, rather than a significant human rights concern in its own right. 65. The lack of research and data on the situation of migrants in transit is an important gap and a major obstacle to the formulation of effective, sustainable and rights-based policy responses. Issues in need of further research and data include the 73 74 75 76 16 OHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking – Commentary (Geneva, 2010). See Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, General Assembly resolution 40/34, annex. OHCHR , Recommended Principles and Guidelines on Human Rights at International Borders, principle A.5. See A/HRC/23/46, para. 75. In addition, the sizeable cost of building fences and employing surveillance systems, military vessels, drones and other equipment in border areas is striking.