DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
of equality and non-discrimination on the basis of sex and gender, including
effective gender and culturally-sensitive ways to deal with trafficking victims; 237
d) Ensure that trafficked women are informed about their rights in a language and
manner understandable to them, are consulted throughout the prosecution238, and
have adequate support so as to be in a position to provide testimony against their
traffickers 239 , including, where appropriate, the possibility of deposing via
television or video links or pursuant to mutual assistance arrangements;
e) Make arrangements for interim relief in order to fulfill daily basic needs or
necessities of trafficking victims during the proceedings of the case;
f) Consider holding legal proceedings in the home district of trafficked women and
girls to facilitate their participation.
89.
Complicity of public officials: Ensure that traffickers, both those who are directly
involved in trafficking and those who are negligent in dealing with or preventing
trafficking cases, including alleged corruption of government officials or their agents, are
investigated, prosecuted and adequately punished.240
90.
Adequate punishment: Ensure that the sanctions imposed on all convicted
perpetrators of trafficking and related crimes are commensurate with the gravity of the
crime and the degree of responsibility of the offender, such that traffickers are adequately
punished that fines and other non-custodial sentences are not considered as a possible
sanction. 241
91.
Victim’s exemption from criminal liability:
a) Ensure that women victims of trafficking, with no distinction made on the basis
of their ethnic, national or social background and legal status, are exempted from
any criminal or administrative liability for acts committed as a result of their
trafficking situation, irrespective of their ability or willingness to cooperate with
the prosecutorial authorities;242
b) Ensure that trafficking victims are not compelled to provide evidence or testimony
in exchange for immunity from prosecution redress or services;
c) Provide recourse for trafficking victims who have been arrested or convicted for
offences that were committed as a direct result of their being trafficked so they
can clear their criminal records.
92.
Adverse collateral effects of anti-trafficking efforts
a) Ensure that anti-trafficking legislation and directives are not misused by
authorities to impose increased restrictions on communities or falsely arrest and
charge innocent people, particularly women from disadvantaged groups and
women in prostitution;243
237
General recommendations: No. 28 (2010) (CEDAW/C/GC/28), paras. 17 and 33; No. 33 (2015)
(CEDAW/C/GC/33), para. 22; para. 19(c), CEDAW/C/ARM/CO/5-6; para. 21(e),
CEDAW/C/TLS/CO/2-3; para. 23(b), CEDAW/C/CHE/CO/4-5; para. 27(b), CEDAW/C/IRL/CO/6-7.
238
para. 19(b), CEDAW/C/ARM/CO/5-6; para. 27(c), CEDAW/C/KEN/CO/8.
239
para. 27(b), CEDAW/C/NZL/CO/7.
240
para. 25(e), CEDAW/C/THA/CO/6-7; para. 21(b), CEDAW/C/ROU/CO/7-8; para. 23(c),
CEDAW/C/TTO/CO/4-7; para. R, CEDAW/C/MMR/CO/3.
241
para. 36(b), CEDAW/C/SAU/CO/3-4; para. 25, CEDAW/C/MNE/CO/2; para. 30(b),
CEDAW/C/ITA/CO/7; para. 28(a), CEDAW/C/BWA/CO/4; para. 23(d), CEDAW/C/SGP/CO/5.
242
para. 36(e), CEDAW/C/SAU/CO/3-4; para. 25(b), CEDAW/C/NER/CO/3-4; para. 25(d),
CEDAW/C/THA/CO/6-7; para. 25(c), CEDAW/C/ALB/CO/4; para. 27(b), CEDAW/C/AFG/CO/1-2;
para. 20(d), CEDAW/C/MUS/CO/8. See also: Inter-Agency Coordination Group against Trafficking of
Persons (ICAT), Issue Brief on Non-Punishment of Victims of Trafficking, (forthcoming).
243
para. R, CEDAW/C/MMR/CO/3; para. 28(f), CEDAW/C/NGA/CO/7-8.
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents