The link between discrimination and vulnerability
to trafficking has been recognized by the human
rights treaty bodies, in particular in relation to
women. The Committee on the Elimination of
Discrimination against Women, for example,
has called upon States to review discriminatory
legislation as a protection against trafficking.206
The Special Rapporteur on violence against
women has also recognized that “[p]olicies
and practices that either overtly discriminate
against women or that sanction or encourage
discrimination against women tend to increase
women’s chances of being trafficked.”207 A
similar finding has been made by the Special
Rapporteur on Trafficking.208
While trafficking is itself a form of violence
against women (see part 1, section 4.2,
above), violence directed against or primarily
affecting women can also be a factor increasing
vulnerability to trafficking. For example, women
See, for example, concluding observations: Azerbaijan
(A/53/38/Rev.1, paras. 74-75).
206
E/CN.4/2000/68, para. 43. See also E/
CN.4/2006/62/Add.3, para. 21 (“The Special
Rapporteur is convinced that widely held attitudes of racial
and ethnic discrimination, which intersect with persistent
patterns of gender discrimination, enhance demand for
exploitation and trafficking since they make it socially
more acceptable to exploit women from Africa, Asia or the
poorest parts of Europe.”).
207
See “Promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including
the right to development: Report submitted by the Special
Rapporteur on trafficking in persons, especially women
and children, Joy Ngozi Ezeilo” (A/HRC/10/16, para.
49) (“Restrictive immigration laws and policies are
obstacles to a large supply of human power from source
countries to meet the high demand for cheap labour in
host countries. This helps generate a lucrative market
for traffickers.”). See also Julia O’Connell Davidson,
“‘Sleeping with the enemy’? Some problems with feminist
abolitionist calls to penalise those who buy commercial
sex”, Social Policy and Society, vol. 2, No. 1 (January
2003), p. 55 (“Governments are heavily implicated in
the construction of the [sex trafficking market through
their (often gender discriminatory) policies”), cited in E/
CN.4/2006/62, para. 72.
208
may accept dangerous migration arrangements in
order to escape the consequences of entrenched
gender discrimination, including family violence,
and lack of security against such violence. In
such cases the decision to move represents a
recognition, on the part of the woman, that even
unsafe migration provides the best available
opportunity of escaping a dangerous and
oppressive environment.209 Women may also
be more vulnerable than men to coercion and
force at the recruitment stage, increasing their
susceptibility to being trafficked in the first place.
States (particularly countries of origin) and
others can address increases in vulnerability to
trafficking related to discrimination and violence
against women through a range of practical
measures that could include: providing safe
shelter for women experiencing violence;210
setting up crisis hotlines;211 and establishing
victim support centres equipped with medical,
psychological and legal facilities.212 Longerterm measures that seek to address the social,
cultural and structural causes of violence are
also important. These may include: reforming
legislation that either discriminates against
women or fails to address violence against
women;213 ensuring the prompt investigation
Note that family violence can also be a cause of
children leaving home in circumstances that may make
them vulnerable to trafficking.
209
Human Rights Committee, concluding observations:
Georgia (CCPR/C/GEO/CO/3, para. 8 (c)); Albania
(CCPR/CO/82/ALB, para. 10); Slovakia (CCPR/CO/78/
SVK, para. 9).
210
Human Rights Committee, concluding observations:
Albania (CCPR/CO/82/ALB, para. 10); Slovakia (CCPR/
CO/78/SVK, para. 9).
211
Human Rights Committee, concluding observations:
Albania (CCPR/CO/82/ALB, para. 10); Slovakia (CCPR/
CO/78/SVK, para. 9). See also A/61/122/Add.1,
para. 270.
212
Human Rights Committee, concluding observations:
Libyan Arab Jamahiriya (CCPR/C/LBY/CO/4, para. 10).
See also A/61/122/Add.1, paras. 262-265.
213
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