Human Trafficking As A Human Right Issue

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The General Assembly adopted the Global Plan of Action to Combat Trafficking in Persons with the aim of preventing trafficking, prosecuting offenders and protecting victims. It also pays a lot of attention to the government that it should take coordinated action to combat trafficking and calls for the integration of combating trafficking into the broader United Nations programmes to boost developments and strengthen global security. It set up the United Voluntary Trust Fund for Victims of Trafficking in Persons to provide legal and financial support to trafficked people through existing assistance mechanism, for example governmental or non-governmental organizations.

The next important thing to mention is regional courts and tribunals that are also associated with accountability and monitoring. It can be founded some international tribunals, such as the International Criminal Tribunal for the former Yugoslavia, that are usually considering the problem of trafficking. There is a possibility of important mechanism of individual criminal accountability, because of the inclusion of trafficking and slavery in the Statute of the International Criminal Court. In several cases dealing with trafficking, the European Court of Human Rights issued judgements. When fleshing out the substantive content of some legal obligations, including the duty to discourage trafficking abuse and the obligation to investigate situations of trafficking with due diligence, Rantsev v. Cyprus and Russia was quite important. The other regional courts such as the European Court of Human rights or Inter-American Court of Human rights have also associations with human trafficking (slavery, forced labor, migrant workers’ exploitation).

In the end of this section, I want to emphasize that probably national level is the most important if human rights are protected or not. It is the consistency of national laws and practices that ultimately will decide the essence of a trafficking response by a government. Establishing frameworks for monitoring and directing national responses to trafficking is an essential aspect of developing a rights-based response. National mechanisms have a lot of impact on tracking the effects of measures to prevent trafficking that they do not conflict with developed rights.

Nowadays, more and more countries are founding national offices like rapporteurs to check the national response to trafficking. In other nations, the problem of trafficking has been discussed by independent national human rights bodies, such as national human rights commissions: conducting inquiries into the national situation, helping government agencies and evaluating responses that are considered to fall short of the international obligations of the state. An important aspect of ensuring that laws is independent monitoring. Those governmental agencies that are most directly involved in the response to trafficking should monitor their own human rights actions. Also, NGO’s dealing with trafficked people should be encouraged to take part in tracking and evaluating the results of preventing trafficking initiatives on human rights. It could be useful for particular service providers.

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