PART 2.1
are also gender-neutral, to the extent that they
recognise that it is not only women and girls who
are trafficked but that men and boys are also
subject to this form of abuse.
However, gender-neutral language can hide
or obscure real difference. The way in which
a particular right is understood, experienced,
protected and violated will often be different
for women and for men. This has been
demonstrated in relation to issues and rights that
were previously considered completely genderneutral such as racial discrimination, torture,
education and health.84 A gender-sensitive
See, for example, Committee on the Elimination of
Racial Discrimination, general comment No. 25: Gender
related dimensions of racial discrimination; A/HRC/7/3.
84
62
approach to trafficking that is firmly grounded
in human rights, such as that taken in the
Trafficking Principles and Guidelines, will seek to
identify these differences and to tailor responses
accordingly.
The Commentary highlights several rights and
obligations that have special application to the
situation of women who have been trafficked or
who are vulnerable to trafficking. These include:
the prohibition on sex-based discrimination; the
prohibition on gender-based violence; and the
right to marry with free and full consent. The
source of these rights and obligations is noted
in box 7, below. Note that the specific issue of
trafficking as a form of discrimination against
women and of gender-based violence has been
considered above in part 1, section 4.2.
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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