wars, women are often left behind. In order to
secure family survival, they may need to move
to another part of the country or even abroad,
invariably under extremely risky circumstances.
The special vulnerabilities of internally
displaced persons (IDPs) and refugees have
already been outlined (see part 2.1, section
1.4.4, above). In the present context it is
relevant to note that women and children
constitute the overwhelming majority of IDPs
and refugees resulting from armed conflict. On
the move, in refugee camps or other temporary
shelters they are highly vulnerable to violence
and exploitation, including through trafficking.
International law and international policy
require action to address the particular
vulnerabilities of individuals caught up in
conflict. To the extent that the situation, its
cause or its consequences have a gender
dimension, it is essential to ensure that
responses include an appropriate gender
perspective.
In 2003 UNHCR issued Guidelines for
Prevention and Response for Sexual and
Gender-Based Violence against Refugees,
Returnees and Internally Displaced Persons.
The Guidelines specifically address State
responses in conflict and post-conflict
situations, since these circumstances result in
a large number of people becoming refugees,
returnees and IDPs. To prevent violence against
such persons, the Guidelines recommend:
transforming socio-cultural norms (the socially
prescribed roles, responsibilities, expectations,
limitations, opportunities and privileges
assigned to persons in the community based
on their sex); rebuilding family and community
support systems; creating conditions for
improving accountability mechanisms;
designing effective services and facilities
(registering all refugees, providing identity
documents, avoiding over-crowding); and
influencing the formal and informal legal
framework (training criminal justice workers,
implementing human rights law, developing
appropriate sanctions).230
5.7. ENSURING THAT MEASURES TAKEN TO
ADDRESS VULNERABILITY DO NOT VIOLATE
ESTABLISHED RIGHTS
Principle 3 and related guidelines confirm that
measures taken to combat and prevent trafficking
must not undermine or otherwise negatively
affect human rights. As noted in the discussion on
this Principle, its presence implicitly recognizes
that actions taken in the name of responding to
trafficking can have an adverse impact on the
rights of a range of persons including, but not
limited to, those who have been trafficked. Efforts
by States and others to reduce vulnerability
to trafficking can run the risk of violating
established rights. States may, for example:
• Fail to distinguish between children who are
trafficked into situations of exploitation and
children who migrate on their own or are
assisted by others to find non-exploitative jobs
they want to stay in;
• Fail to distinguish between those who are
trafficked and those who migrate for work,
even illegally;
• Prevent or obstruct children, women or
members of a particular ethnic or racial group
from leaving home or migrating in search of
work;
• Accord insufficient recognition and protection
to male victims of trafficking;
• Fail to focus adequate attention on all forms of
trafficking; or
• Detain victims of trafficking, particularly
Office of the United Nations High Commissioner for
Refugees, Sexual and Gender-Based Violence against
Refugees, Returnees and Internally Displaced Persons.
Guidelines for Prevention and Response (1 May 2003),
pp. 35, 40-56. [Hereinafter, UNHCR Sexual and GenderBased Violence Guidelines].
230
COMMENTARY
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