1.4.5. HUMAN RIGHTS OF PERSONS WITH
DISABILITIES
The relationship between trafficking and
disability has not yet been fully explored. The
available literature generally does not touch on
this issue and there is no reference to disability
in any of the international instruments that are
directly relevant to trafficking, including the
Recommended Principles and Guidelines and
the Trafficking Protocol.
Despite this lack of attention there is some
anecdotal evidence emerging that disability,
both mental and physical, can increase
vulnerability to trafficking and related
exploitation.101 According to World Vision,
“[t]he very factors that challenge people living
with disabilities to take an active role in their
communities are the same ones that make them
attractive to traffickers. People with disabilities
are often worth less to their community
and potentially more to traffickers”.102
Certainly, persons with disabilities may be
more susceptible to intimidation, coercion,
deception and abuse of authority. In some
cases (for example, the trafficking of persons
with disabilities for forced begging), the very
fact of an individual’s disability is key to
their exploitation, as traffickers capitalize on
the disability to make money. Disability can
also be an element in the poverty, domestic
and community violence, inequality and
discrimination that are routinely identified as
factors exacerbating vulnerability to trafficking.
The trafficking process and resulting exploitation
may themselves be a cause of disability. The
See USAID, Women in Development, Women with
Disabilities and International Development, available at
http://www.usaid.gov/our_work/cross-cutting_programs
/wid/gender/wwd.html.
101
World Vision, 10 Things You Need to Know about
Human Trafficking (2009), p. 40.
102
trauma suffered by many survivors of trafficking
has been well documented.103 It is also clear
that, especially for women and girls, trafficking
increases the risk of contracting HIV/AIDS and
other illnesses that cause serious disability.104
Disability can also impact on the post-trafficking
situation. Victims with disabilities may find
it particularly difficult to access available
protection and support mechanisms. The
physical and attitudinal barriers that confront
people with disabilities may further hamper the
ability of victims with disabilities to receive the
assistance they require and are entitled to.
Until recently, the international law on disability
was not very clear. While several of the treaty
bodies, including the Committee on Economic,
Social and Cultural Rights and the Committee
on the Elimination of Discrimination against
Women, had issued general statements on
disability,105 only one of the core human
See, for example, Cathy Zimmerman, The Health
Risks and Consequences of Trafficking in Women and
Adolescents: Findings from a European Study (London
School of Hygiene and Tropical Medicine, 2003).
103
104
See part 2.1, section 1.4.1, above.
See, for example, Committee on Economic, Social and
Cultural Rights, general comment No. 5: persons with
disabilities. The general comment identifies an obligation,
on States parties, to eliminate discrimination of persons
with disabilities in the areas of equal rights for men and
women (art. 3), work (arts. 6-8), social security (art. 9),
protection of the family (art. 10), adequate standard
of living (art. 11), right to physical and mental health
(art. 12), right to education (arts. 13 and 14) and the
right to take part in cultural life and enjoy the benefits of
scientific progress (art. 15). See also Committee on the
Elimination of Discrimination against Women, general
recommendation No. 18: disabled women, which
states that women with disabilities suffer from “a double
discrimination linked to their special living conditions”
and are a particularly vulnerable group. It recommends
that Governments provide information on women with
disabilities in their periodic reports and on special
measures taken to ensure that women with disabilities
“have equal access to education and employment, health
services and social security, and to ensure that they can
participate in all areas of social and cultural life.”
105
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