A/HRC/10/64
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79. As the title suggests, the Principles and Guidelines are divided into two parts. The first part
contains 17 principles which, taken together, are intended to provide a solid basis for the
development, implementation and evaluation of a rights-based response to trafficking. The
principles have been designed for use as a checklist - against which laws, policies and
interventions can be measured.
80. The principles are organized under four headings: the primacy of human rights; preventing
trafficking; protection and assistance; and criminalization, punishment and redress. The
principles included under the first heading are applicable to intervention at all stages of the
trafficking cycle: recruitment, transportation and subjection to exploitation. The principles
included under the subsequent three headings identify the object and parameters of intervention
at different times in the cycle of trafficking: preventive measures before a person becomes
trafficked; measures for the protection of and assistance to persons who have become trafficked;
and criminal and civil proceedings against traffickers.
81. The second part of the document contains a series of 11 guidelines, most of which relate
back to and expand upon one or more of the principles. Unlike the principles, the guidelines are
intended to provide practical direction to States, intergovernmental organizations, NGOs and
others on the steps that can be taken to ensure that the key principles are translated into effective
and realistic responses.
82. The Principles and Guidelines establish a framework for good practice and, using accepted
international legal standards, provide more specific and detailed guidance for States in areas such
as legislation, criminal justice responses, victim detention and victim protection and support.
B. Use of the Recommended Principles and Guidelines on Human Rights
and Human Trafficking by United Nations agencies and others
83. Since 2002 the Principles and Guidelines have been cited in numerous policy documents
and interpretive texts including, most significantly, the Legislative Guide to the Organized Crime
Convention and the Protocols thereto (UNODC) and the commentary on the provisions of the
European Trafficking Convention (Council of Europe).40 Resolutions adopted by various
European bodies and the Organization of American States have recommended that the Principles
and Guidelines be used in integrating human rights as a normative framework for
counter-trafficking work. There is wide support for and use of the Principles and Guidelines
amongst the United Nations agencies most involved in this issue, including the Division for the
Advancement of Women, UNICEF, the United Nations Development Fund for Women
(UNIFEM), the United Nations Inter-Agency Project on Human Trafficking in the Greater
Mekong Sub-region (UNIAP), the United Nations Development Programme (UNDP),
40
Council of Europe Convention on Action against Trafficking in Human Beings, Council of
Europe Treaty Series No. 197, 16 May 2005, entered into force on 1 February 2008. As of
17 November 2008, 19 States have ratified it and it is opened for accession to all States,
members and non-members of the Council of Europe.
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