Part 2.2
PREVENTION OF
TRAFFICKING
INTRODUCTION
In the context of trafficking in persons, prevention
refers to positive measures to stop future acts
of trafficking from occurring. Policies and
activities identified as “prevention” are generally
those considered to be addressing the causes
of trafficking. While there is not yet universal
agreement on the complex matter of causes,
the most commonly cited causative factors are
those that: (i) increase vulnerability of victims
and potential victims; (ii) create or sustain
demand for the goods and services produced
by trafficked persons; and (iii) create or sustain
an environment within which traffickers and their
accomplices can operate with impunity. From this
perspective, prevention can be seen to include a
wide range of measures – from providing women
with fair and equal migration opportunities, to
strengthening the criminal justice response in
order to end impunity and deter future traffickingrelated crimes.
The Trafficking Principles and Guidelines
consider prevention under three main headings
that generally correspond to the categories
identified above: reducing demand for trafficking
(Principle 4 and related guidelines); addressing
the factors that increase vulnerability to
trafficking (Principle 5 and related guidelines);
and identifying and eradicating public-sector
involvement in, and corruption related to,
trafficking (Principle 6 and related guidelines).
Each of these prevention goals is considered
separately below. The prevention aspects of
other obligations and responses are dealt with as
they arise throughout the Commentary.
The principles of State responsibility, as set
out under Principle 2 and related guidelines
and discussed further throughout this section,
confirm that States bear some responsibility for
preventing the occurrence of an internationally
wrongful act such as trafficking and its
associated harms. The standard implied in this
obligation is one of due diligence: the State is
required to take “all reasonable and necessary
measures to prevent a given event from
occurring”.167 A decision on what is “reasonable
or appropriate” in the context of prevention will
require consideration of the facts of the case
and surrounding circumstances, including the
capacities of the State, as well as of the relevant
primary rules.
“[B]ut without warranting that the event will not occur”
(Draft articles on State responsibility, art. 14, para. 14).
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COMMENTARY
95
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