PART 2.2
Principle 5 recognizes that empowering
vulnerable people through guaranteeing their
human rights will reduce their susceptibility to
being trafficked and exploited. It is addressed to
States and others in a position to effect change. It
requires them to consider the reasons why some
people are trafficked and others are not; why
some people are prepared to take dangerous
migration decisions and others are not; why
some people are more readily exploited than
others, and in different ways. An understanding
of vulnerability to trafficking should result in
prevention measures that are realistic, effective
and respectful of human rights. It should also
contribute to more effective treatment of victims
through, for example, better-informed support
measures and reintegration programmes.
5.2. THE OBLIGATION TO ADDRESS
VULNERABILITY TO TRAFFICKING
The discussion under Principle 2 and related
guidelines confirmed that States have an
obligation to prevent trafficking and associated
human rights violations. Principle 5, specifically
directed at both States and intergovernmental
organizations, extends that obligation
of prevention to the factors that increase
vulnerability to trafficking including inequality,
poverty and discrimination. Principle 5 is
supplemented by Guideline 7, which identifies
a range of measures that could be taken by
States to address vulnerabilities, including:
the provision of genuine livelihood options to
traditionally disadvantaged groups; improving
children’s access to education; compulsory birth
registration; review of policies that may compel
people to take dangerous migration decisions;
and promotion of legal, non-exploitative
migration.
Relevant treaty law confirms the existence of
certain obligations with respect to preventing
trafficking through addressing vulnerability.
106
Article 9 (4) of the Trafficking Protocol, for
example, requires States parties to “take
or strengthen measures … to alleviate the
factors that make persons, especially women
and children, vulnerable to trafficking, such
as poverty, underdevelopment and lack of
equal opportunity.” Article 31 (7) of its parent
instrument, the Organized Crime Convention,
also requires States to address the adverse
social and economic conditions believed to
contribute to the desire to migrate and hence,
to the vulnerability of victims of trafficking.187
Both treaties highlight the need for education
and awareness-raising aimed at improving the
public’s understanding of trafficking, mobilizing
community support for action against trafficking,
and providing advice and warning to specific
groups and individuals that may be at high risk
of victimization.188
The European Trafficking Convention affirms an
obligation to prevent trafficking by addressing
the factors that create or increase vulnerability.
States parties to that instrument are required to:
• Establish and/or strengthen effective
preventative policies and programmes for
persons vulnerable to trafficking, including
short-term measures such as information,
awareness-raising and educational
campaigns, together with longer-term social
and economic initiatives that tackle the
underlying and structural causes of trafficking;
• Take appropriate measures to enable
legalmigration including through the
dissemination of accurate information; and
• Take specific measures to reduce children’s
vulnerability to trafficking, notably by creating
See also Legislative Guides to the Organized Crime
Convention and its Protocols, Part 2, para. 71.
187
Trafficking Protocol, art. 9 (2), Organized Crime
Convention, art. 31 (5). See also Legislative Guides to the
Organized Crime Convention and its Protocols, Part 2,
para. 71.
188
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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