DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
d) Investigating, prosecuting and convicting all perpetrators involved in the
trafficking of persons, including those on the demand side.
28.
Women’s rights framework to human development: Take responsibility, in view
of the Sustainable Development Goals, to address the root causes of trafficking, in
particular: the acceptance and normalization of gender-based violence against women
(Goals 5, 11 and 16); the vulnerability of women to poverty (Goal 1); the concentration of
women in insecure and vulnerable work and their lack of decent work opportunities (Goal
8) and the limited access for women and girls to education, (Goal 4); inequalities within
and between countries (Goal 10); and insecurity as a result of conflict (Goal 16) or as a
result of climate change-induced disasters and natural hazards.
29.
Adopt and implement comprehensive gender-sensitive anti-trafficking
legislation69 ensuring that it:
a) Fully complies with international human rights standards, including the
Convention;70
b) Fully complies with the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime71, including the definition of
“trafficking in persons”;
c) Has as its objective to combat trafficking for purposes of, among others, child and
forced marriage, debt bondage, serfdom, forced or compulsory labour, slavery
and sexual exploitation;72
d) Explicitly addresses contemporary methods of trafficking, including those which
make use of information and communications technologies;73
e) Includes specific provisions addressing the prevention of trafficking in women
and girls and the economic and physical and psychological rehabilitation of
victims;74
f) Addresses any legal, policy and implementation gaps that impede the
investigation, prosecution and conviction of traffickers under national criminal
law; 75
g) Establishes, on an equal basis for women migrants, including irregular migrants,
facilitated access to justice mechanisms to resolve complaints of exploitation and
abuse;
h) Sets a clear time frame for establishing specialized tribunals to effectively
prosecute and adequately punish traffickers76, with an emphasis on proactive and
victimless investigations and prosecutions of human trafficking crimes;
i) Provides a harmonized approach to criminalizing trafficking at all levels of
jurisdiction;77
j) Provides judges, prosecutors, criminal, financial and border police, asylum and
immigration authorities and other law enforcement officials with mandatory
training in its gender-sensitive application;78
k) Undergoes evaluation within a set timeframe to assess its impact.79
69
para. 30(a), CEDAW/C/ITA/CO/7; para. 29(a), CEDAW/C/PSE/CO/1.
para. 21(b), CEDAW/C/CRI/CO/7.
71
para. 23(a), CEDAW/C/SGP/CO/5.
72
para. 26(a), CEDAW/C/MLI/CO/6-7; para. 27, CEDAW/C/RWA/CO/7-9.
73
para. 28(b), CEDAW/C/PHL/CO/7-8.
74
para. 23(a), CEDAW/C/IND/CO/4-5.
75
para. 27(d), CEDAW/C/LKA/CO/8.
76
para. 21(a), CEDAW/C/BGD/CO/8.
77
para. 23(b), CEDAW/C/ARG/CO/7.
78
para. 36(a), CEDAW/C/SAU/CO/3-4.
79
para. 27(h), CEDAW/C/FRA/CO/7-8.
70
10