In performing her functions, the Special Rapporteur shall refer to the Recommended Principles and Guidelines on Human Rights and Human Trafficking (henceforth the “Guidelines”) developed by the Office of the High Commissioner for Human Rights (OHCHR) to provide practical, rights-based approach policy guidance on the prevention of trafficking and the protection of trafficked persons and with a view to facilitating the integration of a human rights perspective into national, regional, and international anti-trafficking laws, policies and interventions.
The Guidelines and their implementation will be considered within the broader framework of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime and other relevant conventions and treaties.
In interpreting the provisions of the Protocol and of the Guidelines and in using them as basis to formulate her recommendations, the Special Rapporteur shall refer to the Universal Declaration of Human Rights and the main international human rights instruments: The International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture; the Convention against Discrimination against Women; the Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Rights of the Child; the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Convention on the Rights of Persons with Disabilities; The Supplementary Convention on the Abolition of, the Slave Trade and Institutions and Practices Similar to Slavery; The Vienna Declaration on Criminality and Justice and existing regional conventions and treaties against trafficking.
Given that the victims of trafficking in the majority of cases find themselves in an irregular situation in the country of destination, the Special Rapporteur shall refer, in her analysis, to already existing research on the human rights of non-citizens. This does not in any way prejudice the application of specific protection measures for the victims of trafficking*.
The Convention on the Rights of the Child, almost universally ratified, will provide the main reference for what concerns the situation of trafficked children. Also the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography will be particularly relevant.
A number of International Labour Office (ILO) Conventions will also be particularly relevant for the work of the Special Rapporteur, in particular, ILO Conventions No. 29 andNo. 105 on Forced or Compulsory Labour, ILO Convention 182 on the Worst Form of Child Labour and ILO Convention No. 143 on Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers.
*See in particular E/CN.4/Sub.2/2003/23 and Add.1-4 and E/CN.4/2003/85 and E/CN.4/2004/76 and their addenda