DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
contexts and profile of victims; and its perpetrators including government armed forces,
paramilitary groups, non-State armed groups, peacekeeping personnel and civilians.99
38.
Trafficking may also occur when third-party countries seek to restrict large movements
of refugees and migrants out of conflict-affected areas through measures such as increased
border control, refusal of entry,, pushbacks, expulsion or detention. Restrictive, sex-specific or
discriminatory migration policies that limit opportunities for women and girls fleeing from
conflict zones may heighten their vulnerability to all forms of exploitation, particularly at points
of transit, not least due to an increased need to use the services of migrant smugglers in order
to evade border controls.100
39.
The Committee has recognized that gender-based violence against women is one of the
major forms of persecution experienced by women that may be grounds for granting refugee
status and asylum. 101 Trafficking in women and girls breaches specific provisions of the
Convention and is therefore recognized as a legitimate ground for international protection in
law and in practice.102
40.
The Committee observes women’s increased risk of trafficking in humanitarian crises,
including forced displacement attributed to global warming, climate-change induced and
natural disasters, resulting in heightened stress, lawlessness and homelessness.103 It notes with
concern that individuals may increasingly cross borders to seek protection from climate changerelated harm that may be related to both sudden-onset events and slow-onset processes104 and
draws attention to the vulnerability of women asylum seekers in such situations.
41.
In line with the Committee’s general recommendation No. 30 (2013) on women in
conflict prevention, conflict and post-conflict situations:105 (a) ensure the inclusion and
participation of women, and particularly victims of trafficking 106 , at all stages of the
peacemaking, stabilization and reconstruction process, in line with Security Council
resolution 1325 (2000);107 and, (b) generate a gendered analysis of conflict upon which
States parties can design effective responses, including those to prevent trafficking in
women and girls.108
42.
Address the root causes of women’s and girls’ vulnerability to trafficking, in the
context of forced displacement 109 , with specific attention given to asylum seekers,
refugees, internally displaced and stateless women:
99
General recommendation No. 30 (2013) (CEDAW/C/GC/30), paras. 34 and 39; Pp. 5, CEDAW
contribution to the 2030 Agenda for Sustainable Development (2017 HLPF).
100
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 40; pp. 2, Addressing gender
dimensions in large-scale movements of refugees and migrants Joint Statement by the Committee on
the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), the
Committee on the Elimination of Discrimination against Women (CEDAW), the United Nations Entity
for Gender Equality and the Empowerment of Women (UN Women) and the Office of the United
Nations High Commissioner for Human Rights (OHCHR)
19 September 2016.
101
General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 15.
102
General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 15.
103
General recommendation No. 37 (2018) (CEDAW/C/GC/37), paras. 5 and 56.
104
See: Views adopted by the United Nations Human Rights Committee under article 5(4) of the
Optional Protocol, concerning communication No. 2728/2016 (7 January 2020)
(CCPR/C/127/D/2728/2016).
105
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 28(a).
106
para. 45(g), CEDAW/C/MMR/CO/4-5
107
para. 11(d), CEDAW/C/NER/CO/3-4
108
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 30.
109
para. 28(c), CEDAW/C/PHL/CO/7-8.
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