Joint UN Commentary on the EU Directive – A Human Rights-Based Approach
- Document number
- 2926
- Date
- 2011
- Title
- Joint UN Commentary on the EU Directive – A Human Rights-Based Approach
- Author/publisher
- OHCHR, UNHCR, UNICEF, UNODC, UN Women, ILO
- Availability
- View/save PDF version of this document
- Document type(s)
- EU law, Guidelines/Recommendations,
- Keywords
- UN Agencies, EU Directive, human trafficking, migration, human rights, recommendatations
- Summary
- Over the past decade, the European Union has stepped up its efforts to fight human trafficking
strengthening its focus on prevention and victim protection of victims. The adoption of the 2011
Directive on preventing and combating trafficking in human beings and protecting its victims
(hereinafter the Directive), replacing Council Framework Decision 2002/629/JHA, is the most recent
sign of the continued commitment of the European Union in this field. The Directive represents a
critical step in addressing human trafficking comprehensively.
The Commentary is grounded in a human rights-based approach, acknowledging that trafficking is
both a crime and a human rights violation and that the State has primary responsibility to respect,
protect and promote the rights of all trafficked persons regardless of their country of origin. It puts
human rights at the centre of all the efforts, including when dealing with criminal matters. This
Commentary therefore provides guidance as to how State obligations arise under international human rights law, and how these can most effectively be reflected and translated in legislation.
In preparing this Commentary, special attention has been paid to a gender- and an age-sensitive
reading of the Directive. We believe that human trafficking does not impact women, men, girls and
boys in the same way, and that gender imbalances contribute to special vulnerability to abusive
recruitment and exploitation. Additionally, trafficking disproportionately affects persons whose rights
may already be compromised, including victims of sexual and gender-based violence, refugees,
migrants, and sexual minorities. - Related documents