to the violation of women’s rights, it has been shown that this violation is conducive to the risk of being trafficked. Gender inequality in the area of employment or within the migration process and patriarchal stereotypes and domestic violence are root causes of trafficking in women.87 The then Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak stressed that the purpose element is always fulfilled when it comes to gender-specific violence since such violence is inherently discriminatory. Therefore, one of the possible purposes, discrimination, would be fulfilled.88 Following this argumentation, it can be shown that other cases of trafficking in human beings can also be seen as inherently discriminatory. Trafficking in Roma for instance shows that structural forms of ethnic and gender discrimination, poverty and social exclusion lead to a higher vulnerability of being trafficked.89 Roma face discrimination in the EU in several areas, such as discrimination by landlords, or by health or school personnel. For instance, 38 per cent face discrimination when looking for a job in the EU.90 To sum up, the purposes of trafficking in human beings and of torture are linked. Exploitation within the context of trafficking in human beings would not be possible without intimidation, punishment and coercion, which are all purposes of torture. Moreover, violence against women including trafficking in women can be seen as inherently discriminatory and therefore fulfils another purpose of torture, discrimination. Trafficking of members of specific groups or minorities, such as Roma, can also be seen as inherently discriminatory since ethnic discrimination is one of the reasons which enables trafficking in human beings. Hence, the act of trafficking as such is discriminatory and systematic discrimination can lead to trafficking in human beings. In the context of trafficking in human beings, a wide range of means are used in order to reach total control over the trafficked person. Victims of trafficking in human beings are usually under the factual control of the trafficker. Methods of keeping victims of trafficking under control are inter alia deprivation or limitation of freedom of movement or withholding of official documents such as passports. A permanent state of fear can create a situation of total control due to the unpredictable behaviour of the perpetrator.91 For instance, trafficked Serbian men who are mostly exploited in the construction sector, agriculture or in slaughter houses in the Russian Federation, Saudi Arabia, the United Arab Emirates or Azerbaijan described the means used, such as withholding the passports and deprivation of movement, as well as the frequent relocation to other places, threats and physical violence.92 Another means of control is debt. Trafficked persons agree to reimburse travel costs. Combined with high housing and living expenses imposed by the exploiters, trafficked persons take a long time to reimburse or reimbursement may even become impossible. 93 In cases of trafficking for the purpose of sexual exploitation, victims are locked up and kept under constant surveillance. A study on trafficked women who were exploited sexually states that “abuse was perpetrated in such a way as to cause enough harm to instil obedience and demonstrate who held constant and ultimate power – but generally not so much that the victim was no longer able to function”. Repetitive abuse gives the perpetrator regular control and makes the victim feel helpless.94 Elements of powerlessness and deprivation of personal liberty can also be found in situations of trafficking in human beings. The classical context of powerlessness is detention, but also outside detention, absolute control may occur. However, having control over a person does not necessarily mean that this person is locked up. Especially in cases of exploitation in domestic work, the houses may not be locked; nevertheless it is impossible for a trafficked person to leave. Victims of trafficking in human beings who are exploited in households describe that they were subjected to physical violence, could not leave the house alone, could not make phone calls in private and had their correspondence controlled by the employer. Moreover, in one case the trafficked person was told that she would have to go to prison if stopped by the police due to her irregular status Violation of Women’s Rights – A cause and consequence of trafficking in women Trafficking in Human Beings for Labour Exploitation Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, , Justice, 3.4 Powerlessness and the Control over Trafficked Persons Breaking the Silence: Trafficking in Romani Communities Combating Crime and Stolen smiles – The physical and psychological health consequences of women and adolescents trafficked in Europe 25

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