Protection of Human Rights of Trafficked Persons

Written on 04 March 2005.

Trafficked persons must be protected not only from retaliation by the traffickers, but also from revictimisation by governments, including the judicial system itself. However, protection of trafficked persons in itself is not the same as protection of their human rights.

There is a need to move from a paradigm of rescue, rehabilitation and deportation to an approach, which is designed to protect and promote women's human rights, in both countries of origin and countries of destination. Although some women may be traumatised by their experiences and may, on a case-by-case basis, desire counselling and support services, overwhelmingly it is not "rehabilitation" that women need. Rather, they may need support and sustainable incomes.

The Special Rapporteur call on Governments to move away from paternalistic approaches that seek to "protect" innocent women to more holistic approaches that seek to protect and promote human rights of all women, including their civil, political, economic and social rights.

At the regional level, governments and regional bodies must interpret and apply regional human rights instruments to trafficked persons and engage in regional cooperation to locate and prosecute traffickers.

At the international level, countries must recognise the rights of all migrant workers, including sex workers, and apply all international human rights law to trafficked persons, as well as cooperate to locate and prosecute traffickers.