1 Introduction
Although torture is prohibited under international law
and in most domestic laws, torture is a continuing practice
worldwide. One major obstacle identified by the OSCE field
operations for preventing torture is a lack of recognition
that torture even exists.1 Similarly, trafficking in human beings is also prohibited under international law, but is widespread and ever-increasing throughout the OSCE region
and beyond.2
International human rights law and trafficking in human
beings are closely intertwined. International human rights
law can help better define necessary responses of States to
trafficking in human beings. In this legal part of the Occasional Paper3, one of the linkages between human rights
and trafficking in human beings, torture and other forms
of ill-treatment, is elaborated. It explores which principles
concerning torture and other forms of ill-treatment could
also be applicable to trafficking in human beings with the
aim to improve the existing standards of protection of victims’ rights and prosecution of trafficking in human beings.
This Legal Paper determines which principles concerning
torture and other forms of ill-treatment can be used as additional means of protection for trafficked persons.
and torture and refers to trafficking in human beings in its
concluding observations.5
The aim of this Legal Paper is to elaborate, under which
circumstances trafficking in human beings can amount to
ill-treatment, encompassing torture or other forms of cruel,
inhuman and degrading treatment (CIDT)6. Therefore, the
first part of this paper describes the definition of torture
and other forms of ill-treatment and links this definition to
trafficking in human beings based on specific case studies
of the OSCE region.
After elaborating the linkage between torture and other
forms of ill-treatment and trafficking in human beings, the
paper discusses which legal implications it may have in the
event of trafficking in human beings amounting to torture
and other forms of ill-treatment. Specific aspects are discussed in detail: the principle of non-refoulement which is
applicable to torture and the differences in standards of
adequate reparation concerning torture and other forms of
ill-treatment and trafficking in human beings.
Recently, international human rights bodies have come to
the conclusion that there is a link between trafficking in
human beings and torture or cruel, inhuman and degrading
treatment. It is shown that specific practices of trafficking in
human beings during the exploitation “may amount to torture or at least cruel, inhuman and degrading treatment”. 4
Also the Committee against Torture monitoring the implementation of the UN Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
recognizes the link between trafficking in human beings
The Fight against Torture: The OSCE Experience
Combating Trafficking as ModernDay Slavery: A Matter of Rights, Freedoms, and Security, 2010 Annual Report
of the Special Representative and Co-ordinator for Combating Trafficking in
Human Beings
Report of the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment,
Recommended Principles and Guidelines on Human Rights and
Human Trafficking – Commentary
Consideration of reports submitted by States parties under article 19 of
the Convention: Concluding observations of the Committee against Torture,
Consideration of reports submitted by States parties under article
19 of the Convention: Concluding observations of the Committee against
Torture,
Consideration of reports submitted by States parties under article
19 of the Convention: Concluding observations of the Committee against
Torture,
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