PART 2.1
Under a human rights-based approach, every
aspect of the national, regional and international
response to trafficking is anchored in the rights
and obligations established by international
human rights law. The lessons learned in
developing and applying a human rights-based
approach in other areas, such as development,
provide important insights into the main features
of the approach and how it could be applied
to trafficking. The key points that can be drawn
from these experiences include the following:68
• As policies and programmes are formulated,
their main objective should be to promote and
protect rights;
• A human rights-based approach identifies
rights-holders (for example trafficked persons,
individuals at risk of being trafficked,
individuals accused or convicted of traffickingThis section is drawn from Office of the United Nations
High Commissioner for Human Rights, Frequently Asked
Questions on a Human Rights-based Approach to
International Development Cooperation (HR/PUB/06/8).
For more on the history and application of rights-based
approaches and justifications for them, see Mac Darrow
and Amparo Tomas, “Power, capture, and conflict: a
call for human rights accountability in development
cooperation”, Human Rights Quarterly, vol. 27, No. 2
(May 2005), p. 471.
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related offences) and their entitlements and
the corresponding duty-bearers (usually States)
and their obligations. This approach works
towards strengthening the capacity of rightsholders to secure their rights and of dutybearers to meet their obligations; and
• Core principles and standards derived
from international human rights law (such
as equality and non-discrimination, the
universality of all rights, and the rule of law)
should guide all aspects of the response at all
stages.
The three Principles and related guidelines that
come under the heading “The primacy of human
rights” provide a conceptual and legal umbrella
for the document as a whole. This means that
all other Principles and Guidelines must be
interpreted and applied with reference to the
rights and obligations set out in these first three
Principles. The primacy of human rights is itself
an overarching principle that applies throughout
all interventions in the trafficking cycle and
must guide the behaviour of all those involved,
including State agents such as law-enforcement,
immigration and prosecutorial and judicial
personnel as well as both governmental and nongovernmental service providers.
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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