A/HRC/23/48 increasing the protection of the rights of migrant workers; and/or adopting measures to discourage the use of the services of victims of trafficking.”14 39. United Nations agencies have also summarized the measures they perceived to be needed to discourage demand, noting that: “Examples of measures to address the demand side are measures to broaden awareness; attention and gender-sensitive research into all forms of exploitation and forced labour and the factors that underpin its demand; to raise public awareness on products and services that are produced by exploitative and forced labour; to regulate, license and monitor private recruitment agencies; to sensitize employers not to engage victims of trafficking or forced labour in their supply chain, whether through subcontracting or directly in their production; to enforce labour standards through labour inspections and other relevant means; to support the organisation of workers; to increase the protection of the rights of migrant workers; and/or to criminalize the use of services of victims of trafficking or forced labour.”15 40. In the course of her country visits and from other sources, the Special Rapporteur has heard about a variety of other measures taken by States to discourage demand. She has learned that the measures needed to address direct and derived demand are usually different. In the case of direct demand (which inherently seeks the services of individuals who have been trafficked), legislative or other measures that have a direct influence on purchasers‟ decisions are appropriate. However, when only some of the identical services or products available to purchasers have involved the exploitation of persons, a different approach is appropriate: one which moves the focus from final purchasers onto whoever makes key purchasing decisions earlier in the supply chain and is in a position to discern which services or products involve human trafficking and which do not. This approach, which seeks to influence the purchasing decisions of such intermediaries by legislation or other measures, often introduces an element of regulation into the supply of services or products. Other States have adopted legislation or policy to regulate recruitment and employment in sectors where, in the absence of such regulation, trafficking is deemed likely to occur. 1. Prevention 41. As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand.16 States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand. 42. Educational measures involve providing information to students in schools or higher education, about trafficking in persons and about equality between women and men. States have also supported awareness-raising initiatives to inform the general public or particular 14 15 16 Report submitted by the Chair of the Working Group on its activities, CTOC/COP/2010/6, para. 66. OHCHR, Office of the United Nations High Commissioner for Refugees (UNHCR), UNICEF, UNODC, UN-Women and ILO, Prevent, Combat, Protect – Human Trafficking: Joint UN Commentary on the EU Directive – A Human Rights-Based Approach, (2011) p. 97. Recommended principles and guidelines: Commentary. pp. 77–81. 11

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