DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration asylum-seekers, migrant workers, migrants with irregular status and stateless persons, within their territory or effective control, even if not situated within the territory.32 d. Obligation to identify women and girls subjected to multiple forms and compounded discrimination as rights bearers 18. The Committee has acknowledged that identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied exercise of a right because there was no recognition of the preexisting gender-based disadvantage and inequality that women face. 33 Discrimination on the basis of sex or gender may affect women belonging to groups in situations of vulnerability in different ways. 34 Women are not a homogenous group and their experiences as trafficking victims are diverse.35 States parties are required to proactively identify as rights-bearers women and girls within the jurisdiction of the State party who are marginalized, being subjected to multiple forms of discrimination, including non-citizen, migrant, refugee, asylum-seeking and stateless women and girls, and women and girls with an irregular migration status.36 e. Root causes of trafficking in women and girls and discouraging the demand that fosters their exploitation through trafficking 19. Identifying, addressing and eliminating the root causes and discouraging the demand that fosters all forms of exploitation of women and girls through trafficking are key to States parties’ prevention efforts. 37 A gender-transformative approach is required to dismantle the structural and systemic conditions that deprive women and girls of their fundamental rights, the consequence of which places them in situations of vulnerability to exploitation by traffickers. Women’s right to a life free from gender-based violence is indivisible from and interdependent on other human rights.38 An effective anti-trafficking response must engage all substantive provisions of the Convention.39 20. Trafficking in women is rooted in gender-based discrimination, gender-based structural inequality and the feminisation of poverty compounded by growing global inequalities and the demand for cheap and/or forced labour, including the demand for sexual exploitation.40 Women and girls continue to be the prime targets of traffickers, especially for the purpose of sexual exploitation, due to pervasive and persistent gender inequality resulting in an economic, social, and legal status that is lower in comparison than that which is enjoyed by men and boys.41 32 General recommendations: No. 28 (2010) (CEDA-W/C/GC/28), para. 12; No. 30 (2013) (CEDAW/C/GC/30), para. 5; No. 32 (2014) (CEDAW/C/GC/32), para. 7. 33 General recommendation No. 28 (2010) (CEDA-W/C/GC/28), para. 5. 34 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 8. 35 General recommendations: No. 30 (2013) (CEDAW/C/GC/30), para. 6; No. 34 (2016) (CEDAW/C/GC/34), para. 14. 36 General recommendations: No. 28 (2010) (CEDAW/C/GC/28, paras. 24 and 26; No. 30 (2013) (CEDAW/C/GC/30), para. 7; No. 32 (2014) (CEDAW/C/GC/32), para. 18; No. 34 (2016) (CEDAW/C/GC/34), para. 20. 37 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 29; para. 28(a), CEDAW/C/NGA/CO/7-8; para. 19(f), CEDAW/C/ARM/CO/5-6; para. 26(c), CEDAW/C/BRB/CO/58; Trafficking Protocol, Article 9(5): “5. States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.” 38 General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 15. 39 General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 21. 40 Para. 25(a), CEDAW/C/GAB/CO/6. 41 Report of the Secretary-General, Trafficking in women and girls, A/73/263 (2018), para. 19. 6