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 COMMENTARY 111

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