The prohibition of discrimination is firmly entrenched both in universal (for example,
the ICCPR299) and in regional instruments of the Council of Europe300 and the EU,301 as
well as in the OSCE commitments.302 In relation to trafficked persons in particular, the
Council of Europe Trafficking Convention specifies that the implementation of the convention shall be without discrimination on any ground,303 and further provides that
States Parties shall aim to promote gender equality and use gender mainstreaming in
the development, implementation and assessment of measures for the protection and
promotion of the rights of victims.304 The EU Trafficking Directive also recognizes the
“gender-specific phenomenon of trafficking and that women and men are often trafficked for different purposes”,305 and calls for gender-specific assistance and support
measures, where appropriate.
Importance of re-integration
A recent IOM study found that trafficked persons who had been forcibly returned to
their countries of origin without being provided return and reintegration assistance
were more vulnerable to re-trafficking than those persons who had received such
assistance.306 Further reports have confirmed the link between forcible return and
299 ICCPR, arts. 2, 3 and 26.
300 See, for example, ECHR, art. 14 and protocol 12. See also Recommendations of the Committee of Ministers of
the Council of Europe, including: Rec(97)20E/30 October 1997 on hate speech; Rec(97)21E/30 October 1997 on the
media and the promotion of a culture of tolerance; Rec(2001)6E/18 July 2001 on the prevention of racism, xenophobia and racial intolerance in sport; Rec(2006)10E/12 July 2006 on better access to health care for Roma and Travellers in Europe; Rec(2007)2E/31 January 2007 on media pluralism and diversity of media content; and Rec(97)19E/30
October 1997 on the portrayal of violence in the electronic media). In addition, see the following Recommendations
and Resolutions of the Parliamentary Assembly: Recommendation 1831(2008) on European Muslim Communities
confronted with extremism; Recommendation 1805 (2007) on blasphemy, religious insults and hate speech against
persons on grounds of their religion; Recommendation 1768 (2006) on the image of asylum-seekers, migrants and
refugees in the media; Recommendation 1543 (2001) on racism and xenophobia in cyberspace; Recommendation
1396 (1999) on religion and democracy; Resolution 1563 (2007) on combating anti-Semitism in Europe; Resolution
1495 (2006) on combating the resurgence of Nazi ideology; and Resolution 1478 (2006) on the integration of immigrant women in Europe.
301 See, for example, Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, 2000 OJ L 180/22; Council Directive 2000/78/EC of
27 November 2000 establishing a general framework for equal treatment in employment and occupation, 2000 OJ
L 303. See also the Proposal for a Council Directive of 2 July 2008 on implementing the principle of equal treatment
between persons irrespective of religion or belief, disability, age or sexual orientation, COM/2008/0426 final.
302 See: Final Act of the Conference on Security and Co-operation in Europe, Helsinki, 1 August 1975, Questions
Relating to Security in Europe 1(a); 1989 Vienna Document, art. 13.7 and 15); 1990 Copenhagen Document, arts.
5.9 and 25.4; Concluding Document of Madrid (Second Follow-up Meeting), Madrid, 6 September 1983; Istanbul
Document, Istanbul, 19 November 1999, p. 23); OSCE Ministerial Council, Decision No. 4/03, “Tolerance and
Non-Discrimination”, Maastricht, 2 December 2003, <http://www.osce.org/mc/19382?download=true>; and
OSCE Ministerial Council, Decision No. 14/04, “2004 OSCE Action Plan for the Promotion of Gender Equality”,
Sofia, 7 December 2004, <http://www.osce.org/mc/23295?download=true>.
303 Council of Europe Trafficking Convention, art. 3
304 The Explanatory Report to the Council of Europe Trafficking Convention notes that the aim of Article 17 of the
Convention is to draw attention to the common understanding that women are the main target group of trafficking
in human beings, and that marginalization of and discrimination against women can be a factor in increasing their
vulnerability to trafficking. Accordingly, measures for the protection of victims of trafficking should recognize the
different needs of men and women and, in particular, the double marginalization suffered by many women trafficking victims (see Explanatory Report to the Council of Europe Trafficking Convention, para. 210).
305 EU Trafficking Directive, preamble, para. 3.
306 Jobe, The Causes and Consequences of Re-Trafficking, op. cit., note 39, p. 13.
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Part 2: Explanatory Report to the Principles
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