Human trafficking impacts a number of human rights as it endangers a person’s life, forces a person into slavery and servitude, and is generally incompatible with the dignity and worth of a person. A State’s failure to provide mechanisms and remedies for support and assistance for victims and the effective prosecution of traffickers may result in violations of human rights.
Human trafficking is fundamentally at odds with the worth and dignity of every human being. Human trafficking involves deception, violence, exploitation and other wrongful acts against other human beings. Therefore, human trafficking is generally recognized as a serious crime, often committed within the framework of organized crime. Thus, States are under an obligation:
- to put in place necessary mechanisms to prevent human trafficking
- to hold the perpetrators responsible and
- to ensure justice and protection for victims
If this is not properly done, it can result in the violation of such human rights as the right to life, prohibition of inhuman or degrading treatment, prohibition of slavery and forced labour, the right to a fair trial and the right to an effective remedy.
Human trafficking often puts the lives of the victims at risk. The physical, emotional and psychological abuse that victims of human trafficking often endure can have a severe and lasting impact on their health, including injury, illness, and even death, which in result threatens their right to life. Additionally, victims of human trafficking may be denied access to medical care and other basic necessities, putting their lives further at risk.
example Those who are trafficked for sexual exploitation are often forced to engage in dangerous and unprotected sexual acts, which can lead to serious health problems, including sexually transmitted infections and unwanted pregnancies. Individuals who are trafficked for forced labour may be forced to work in dangerous conditions, leading to injury or death.
Human trafficking constitutes a form of inhuman or degrading treatment because it entails using force, deceit, or coercion to recruit, convey, relocate, conceal, or receive someone for the purposes of exploitation. It is a severe form of abuse that causes both physical and mental suffering and can have disastrous consequences for its victims.
example A group of migrants seeking better opportunities were promised legitimate jobs in a foreign country, but upon arrival, they were stripped of their passports, confined to squalid living conditions, and forced to work long hours in a factory at below the minimal wage. They endured physical abuse, constant surveillance, and were denied basic rights.
Human trafficking is considered a form of contemporary slavery because it involves the recruitment, transportation, transfer, or harbouring of individuals through the use of force, deception, or coercion. This is also considered a grave violation of human rights. This exploitative practice subjects victims to forced labour, sexual exploitation, or other forms of servitude, stripping them of their autonomy and dignity.
example A person may be lured to work in other countries with promises of well-paying jobs, only to find themselves in conditions of forced labour, including sexual exploitation, with little or no pay and subject to physical abuse. Many of these individuals are forced to work long hours in dangerous conditions and have no means of escape.
As a victim of human trafficking, you may be involved in a trial. There you should have both rights and duties which guarantee you a fair trial. This includes having an independent & impartial court, the right to participate in court, victim protection, the right to hire a lawyer and interpretation services.
Human trafficking is a complicated crime that is often challenging to identify and prosecute. This can make it difficult for victims to access justice and for traffickers to face consequences.
example Victims of human trafficking may be unwilling to come out or testify against their traffickers because of their fear of revenge, language hurdles, a lack of information about their rights, and mistrust of the judicial system. This makes it harder for prosecutors to develop a case against traffickers and, as a result, victims may not receive the justice they deserve.
If you have been a victim of human trafficking, you have the right to request an effective remedy. The right to an effective remedy is a fundamental human right that guarantees victims access to justice and the ability to seek redress for harm suffered. Victims of human trafficking often face significant obstacles when attempting to exercise this right, such as language barriers, a fear of retaliation, a lack of knowledge about their rights, and mistrust of the judicial system.
Access to an effective remedy includes legal aid and interpreting services to help victims navigate the legal system, as well as offering protection for victims and witnesses to prevent retaliation from traffickers.