Η ΕΚΘΕΣΗ ΤΟΥ Ο.Η.Ε ΣΧΕΤΙΚΑ ΜΕ ΤΗΝ ΠΡΟΣΦΑΤΗ ΟΔΗΓΙΑ ΤΗΣ ΕΥΡΩΠΑΪΚΗΣ ΕΝΩΣΗΣ ΓΙΑ ΤΗΝ ΕΜΠΟΡΙΑ ΑΝΘΡΩΠΩΝ
© UNHCR / James Oatway
Joint UN Commentary on the EU Directive – A Human Rights-Based Approach
PREVENT- COMBAT- PROTECT
Copyright © 2011 OHCHR, UNHCR, UNICEF, UNODC, UN Women and ILO.
Over the past decade, the European Union has stepped up its efforts to fight human trafficking strengthening its focus on prevention and victim protection of victims. The adoption of the 2011 Directive on preventing and combating trafficking in human beings and protecting its victims (hereinafter the Directive), replacing Council Framework Decision 2002/629/JHA, is the most recent sign of the continued commitment of the European Union in this field. The Directive represents a critical step in addressing human trafficking comprehensively.
The six United Nations agencies responsible for this report; the UN Office on Drugs and Crime (UNODC), the UN Office of the High Commissioner for Human Rights (OHCHR), the UN High Commissioner for Refugees (UNHCR), the UN Children’s Fund (UNICEF), the International Labour Organisation (ILO), and the UN Entity for Gender Equality and the Empowerment of Women (UN Women), value the efforts and the interest of the European Union and its Member States to end trafficking in persons and the renewed emphasis on the protection of victims. We also welcome the appointment of an Anti-Trafficking Coordinator, whose responsibilities will be critical to the coordination and consolidation of the anti-trafficking efforts of the European Union and its Member States.
At a time when the Member States are embarking on the transposition of the Directive into national legislation, this joint UN Commentary on the Directive (hereinafter the Commentary) is meant to support these efforts, by providing practical guidance on the application of a human rights-based approach to the transposition and implementation of the Directive, in line with Recital 7 of the Directive.
Jan Jařab, Regional Representative for Europe of the UN High Commissioner for Human Rights, Philippe Cori Director of the UNICEF Brussels Office, Relations with the European Union Institutions
Daniel Endres Director of the Bureau for Europe of UN High Commissioner for Refugees
8 Prevent. Combat. Protect.
The Commentary is grounded in a human rights-based approach, acknowledging that trafficking is both a crime and a human rights violation and that the State has primary responsibility to respect, protect and promote the rights of all trafficked persons regardless of their country of origin. It puts human rights at the centre of all the efforts, including when dealing with criminal matters. This Commentary therefore provides guidance as to how State obligations arise under international human rights law, and how these can most effectively be reflected and translated in legislation. In preparing this Commentary, special attention has been paid to a gender- and an age-sensitive reading of the Directive. We believe that human trafficking does not impact women, men, girls and boys in the same way, and that gender imbalances contribute to special vulnerability to abusive recruitment and exploitation. Additionally, trafficking disproportionately affects persons whose rights may already be compromised, including victims of sexual and gender-based violence, refugees, migrants, and sexual minorities. We very much hope that this Commentary will be of help to policy makers and legislators in EU Member States as they engage in the transposition of the EU Directive, and we trust this is a further testimony of our continued engagement with the European Union, its institutions and its Member States in this field.
Martina Hanke, Head of the UNODC, Liaison Office with the European Union Institutions
Rudi Delarue, Director of the ILO Office for the European Union and the Benelux countries
Dagmar Schumacher, Director of the UN Women Brussels Office