PART 1
• 1999 Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination
against Women (provides right of individual
complaint and inquiry);
• 1966 International Convention on
the Elimination of All Forms of Racial
Discrimination;
• 1984 Convention against Torture, and Other
Cruel, Inhuman or Degrading Treatment or
Punishment (Convention against Torture);
• 2002 Optional Protocol to the Convention
against Torture (provides for a system of
independent visits);
• 2000 Optional Protocol to the Convention on
the Rights of the Child on the sale of children,
child prostitution and child pornography;
• 1990 International Convention on the
Protection of the Rights of All Migrant Workers
and Members of their Families (Migrant
Workers Convention);
• 1951 Convention Relating to the Status of
Refugees (Refugee Convention);
• 1967 Protocol Relating to the Status of
Refugees (Refugee Protocol);
• 2006 Convention on the Rights of Persons
with Disabilities and its 2006 Optional
Protocol (provides right of individual and
group complaint).
2.2.6. RELEVANT HUMAN RIGHTS TREATIES:
REGIONAL
Regional human rights agreements concluded
in Africa, Europe and the Americas affirm and
sometimes extend the rights contained in the
international treaties, including rights that are
directly and indirectly relevant to trafficking. The
most significant regional human rights treaties in
this context are:
• 1981 African Charter on Human and
Peoples’ Rights (African Charter);
• 1990 African Charter on the Rights and
Welfare of the Child;
22
• 2003 Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of
Women in Africa;
• 1969 American Convention on Human Rights;
• 1994 Inter-American Convention on
International Traffic in Minors (deals
additionally with inter-country adoption);
• 1950 European Convention for the Protection
of Fundamental Rights and Fundamental
Freedoms (European Convention on Human
Rights);
• 1961 European Social Charter;
• 1994 Inter-American Convention on the
Prevention, Punishment and Eradication of
Violence against Women;
• SAARC 2002 Convention on Regional
Arrangements for the Promotion of Child
Welfare in South Asia.
2.2.7. INTERNATIONAL CRIMINAL LAW
AND INTERNATIONAL CRIME CONTROL
TREATIES
International criminal law is a branch of
international law that deals with international
crimes and the individual criminal responsibility
of the perpetrators of such crimes. The Rome
Statute of the International Criminal Court is the
key legal instrument of international criminal
law and, as explained further in part 1, section
4.3, it references trafficking both directly and
indirectly.
Over the past several years the international
community has developed a number of crime
control treaties, thereby developing a new area
of international legal regulation that is sometimes
referred to as “transnational criminal law”.
Transnational criminal law is directly relevant to
trafficking. The most important treaties include
the following:
• United Nations Convention against
Transnational Organized Crime;
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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