DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
b) Ensure that raids conducted by law enforcement authorities with a view to
dismantling trafficking networks do not justify or result in criminal prosecution
or other coercive measures, including gender-based violence, abuse and
harassment, against any group of women;
c) Ensure that no group of women is targeted for investigation or prosecution,
discrimination, stigmatisation, or suffers from the lack of rights and protections,
under the guise of combatting trafficking, including violations of their rights to
movement, assembly, health and safety, to dignity and livelihood;
d) Discontinue anti-trafficking measures that involve the apprehension, detention
and involuntary rehabilitation of women, which are often experienced as
antagonistic and traumatic;
e) Ensure that anti-trafficking efforts are not used as a means to deport migrant
women with an irregular immigration status.
b.
Remedies for victims of trafficking
93.
Article 2(b) of the Convention obligates States parties, by law, to provide appropriate
remedies including the provision of reparations, to women whose Convention rights have been
violated.244
94.
Victims of trafficking often encounter significant difficulties in claiming compensation
and other forms of reparation for damages and harms suffered.245 Efforts to claim compensation
may be frustrated where: it is made conditional upon cooperation with law enforcement
authorities; residency permits are tied to criminal justice processes and repatriation occurs prior
to seeking or obtaining civil remedies; the burden of proof is shifted on the victim in civil
claims; victims of trafficking are not identified as victims of a crime for the purpose of
reparations owed under law; or where monetary compensation is unavailable or the proceeds
of crimes are not redistributed to victims.
95.
States parties have obligations both within and outside their territories to ensure the full
implementation of the Convention. 246 The transnational nature of human trafficking and
migration requires cooperation by all affected countries, that of origin, transit and destination,
and their participation in an effective and appropriate international response to protect the rights
of victims.247
96.
Compensation and rehabilitation
a) Ensure that all trafficked women, irrespective of their ethnic, national or social
background and legal immigration status, obtain effective protection and redress,
including rehabilitation and compensation; 248
b) Ensure that trafficked women are provided with timely and comprehensive
information about their right to access legal aid, compensation, and remedies in a
language and manner that they can understand, regardless of their residence
status;249
244
General recommendation No. 28 (2010) (CEDAW/C/GC/28), paras. 17 and 32.
General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 37.
246
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 11.
247
General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 43.
248
para. 30(g), CEDAW/C/ITA/CO/7; para. 33(f), CEDAW/C/CAN/CO/8-9; para. 22(f),
CEDAW/C/SVN/CO/5-6; para. 36(e), CEDAW/C/SAU/CO/3-4; para. 25(b), CEDAW/C/NER/CO/34; 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. 24(c), CEDAW/C/QAT/CO/1; para. 20(f), CEDAW/C/AGO/CO/6;
para. 19(d), CEDAW/C/VEN/CO/7-8.
249
para. 20(d-e), CEDAW/C/MUS/CO/8.
245
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