Part 2.1 THE PRIMACY OF HUMAN RIGHTS INTRODUCTION Human rights law provides universal standards that are applicable to all persons. While the means to achieve human rights guarantees can – and should – be locally appropriate and contextually determined, the universality of their applicability to all persons, including everyone who has been trafficked, is indisputable. The Trafficking Principles and Guidelines explicitly advocate a human rights-based approach to trafficking. The importance of this approach to trafficking has been confirmed by the international community66 and by international human rights bodies.67 See, for example, Human Rights Council resolution 11/3 on trafficking in persons, especially women and children; General Assembly resolutions Nos. 63/156, 61/144 and 59/166 on trafficking in women and girls; Commission on Human Rights resolution 2004/45 on trafficking in women and girls; and General Assembly resolution 58/137. 66 See, for example, Human Rights Committee, concluding observations: Barbados (CCPR/C/BRB/CO/3, para. 8); Yemen (CCPR/CO/84/YEM, para. 17); Tajikistan (CCPR/ CO/84/TJK, para. 24); Thailand (CCPR/CO/84/THA, para. 20); Kenya (CCPR/CO/83/KEN, para. 25); Greece (CCPR/CO/83/GRC, para. 10). See also Committee on the Elimination of Discrimination against Women, Concluding Comments: Brazil (CEDAW/C/BRA/ CO/6, 67 As a conceptual framework for dealing with a phenomenon such as trafficking, a human rights-based approach is one that is normatively based on international human rights standards and is operationally directed to promoting and protecting human rights. Such an approach requires an analysis of the ways in which human rights violations arise throughout the trafficking cycle, as well as of States’ obligations under international human rights law. It seeks to both identify and redress the discriminatory practices and unjust distributions of power that underlie trafficking, that maintain impunity for traffickers, and that deny justice to victims of trafficking. para. 24); Serbia (CEDAW/C/SCG/CO/1, para. 26). See further “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. 44 and Part V, conclusions and recommendations); “Integration of the human rights of women and a gender perspective: Report submitted by the Special Rapporteur on trafficking in persons, especially women and children, Sigma Huda” (E/CN.4/2006/62, para. 81); “Report of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Sigma Huda: Mission to Lebanon” (E/ CN.4/2006/62/Add.3, paras. 71, 75 and 103); “Integration of the human rights of women and a gender perspective: Report of the Special Rapporteur on trafficking in persons, especially women and children, Sigma Huda” (E/CN.4/2005/71, paras. 10-11, 55-57). COMMENTARY 49