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PRINCIPLE 1 AND RELATED GUIDELINES:
HUMAN RIGHTS OF
TRAFFICKED PERSONS
The human rights of trafficked persons shall be
at the centre of all efforts to prevent and combat
trafficking and to protect, assist and provide
redress to victims.
1.1. PURPOSE AND CONTEXT
Principle 1 and related guidelines require human
rights to be central to all actions directed at both
the prevention and combating of trafficking and
the provision of protection and assistance to
trafficked persons. This is an important starting
point for the Trafficking Principles and Guidelines
because, as noted in part 1, trafficking can
be considered and dealt with from a range of
different perspectives including migration, public
order and crime control, as well as human rights.
Principle 1 confirms that priority must be given to
the human rights obligations accepted by States
under international human rights law.
Prioritizing human rights does not mean that
other objectives or approaches are to be
considered unimportant or invalid. For example,
States remain entitled to develop strong criminal
justice responses to trafficking. In fact, the
Commentary identifies a number of specific
obligations in this regard (see discussion under
Principles 12-17 and related guidelines). States
also remain free, within the constraints imposed
by international law, to develop migration
strategies that seek to address trafficking.
However, at each step of every response,
the human rights impact of that step and of
the overall response must be considered and
monitored. The ultimate objective of responses to
trafficking should be to protect individuals from
trafficking-related violations of their human rights
and to provide assistance when such violations
are not—or cannot be—prevented.
The centrality of human rights in preventing
and combating trafficking is founded upon
international and regional human rights law.
Article 28 of the Universal Declaration of Human
Rights provides that “[e]veryone is entitled to a
social and international order in which the rights
and freedoms set forth in this Declaration can be
fully realized”. The consequence of this article is
that States must both themselves respect human
rights and ensure compliance with human rights
by non-State actors, in accordance with the duty
of due diligence. The duty of due diligence is
examined in more detail under Principle 2 and
related guidelines.
Principle 1 seeks to ensure that trafficked persons
are accorded all human rights, including those
to which they are entitled as victims of crime as
COMMENTARY
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