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Gender Based Violence

A Toolkit for Reporting to CEDAW on Trafficking in Women and Exploitation of Migrant Women Workers

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is an international human rights treaty which aims to eliminate all forms of discrimination against women and to promote equal rights between men and women worldwide. CEDAW is of great significance to trafficking in women and the exploitation of migrant women workers because it obliges states to uphold, promote, protect, respect and fulfil many rights which are critical in preventing and eliminating trafficking in women and the exploitation of migrant women workers and ensuring that adequate and rightsenhancing protections and remedies are afforded to those affected. The fulfillment of states’ obligations and duties under the Convention is monitored by the CEDAW Committee, a group of 23 independent human rights experts. One of the key ways in which state implementation is monitored is through the periodic review process, in which state parties are obliged to report to the Committee on measures undertaken to implement the Convention which subsequently assesses state progress and identifies areas for improvement. Non-governmental organizations (NGOs) also have the opportunity to provide information to the Committee on the situation of women’s rights in countries under review and to lobby them to address issues of particular importance with the state. Over the years, throughout the review process, trafficking and the exploitation of migrant women workers have been addressed with varying degrees of success. Limited understandings and experience of working on trafficking, as well as a strong prostitution abolitionist presence within the Committee has meant that more often than not trafficking has been dealt with in the context of sexual exploitation and in isolation from migration, labour and discrimination issues. Information provided to the Committee by NGOs on the situation of trafficking has typically been similarly narrow in scope and depth, and disconnected from the broader issues within which it exists. A more comprehensive and nuanced approach to trafficking and the exploitation of migrant women workers must be adopted if the review process is to be effective in advancing women’s rights in these particular areas of concern. Accordingly, this toolkit provides guidance to NGOs engaging in the CEDAW review process. It hopes to enable NGO reporting to provide more thorough information on the situation of trafficking in women and the exploitation of women migrant workers 7 and to link these areas of concern with migration, labour and discrimination issues. It also provides lobbying tools for NGOs to facilitate effective advocacy to the Committee on these issues, in order that the Committee is better equipped to address trafficking and the exploitation of migrant women workers with states under review.
Country
Worldwide
Region
Worldwide
Year
2011
Category

Between Rhetoric and Reality: Exploring the Impact of Military Humanitarian Intervention Upon Sexual Violence – Post-Conflict Sex Trafficking in Kosovo

Adopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author’s contention that such intervention would be counterproductive for women’s rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.
Country
Kosovo/UNSCR 1244
Region
Eastern Europe
South Eastern Europe
Central Asia
Authors
Samantha T. Godec
Year
2010
Category

Report of the Special Rapporteur on Trafficking in Persons, Especially Women and Children

The present report of the Special Rapporteur on trafficking in persons, especially women and children, Maria Grazia Giammarinaro, was prepared pursuant to Human Rights Council resolution 35/5. In the report, the Special Rapporteur takes stock of her previous research and reports, and analyses protection gaps in the legal and policy framework to prevent and combat trafficking. Profound changes are needed in the current approach to antitrafficking action, which predominantly tends to prioritize investigation and prosecution of traffickers over victims’ support, empowerment and long-term social inclusion. Moreover, restrictive migration policies contribute to exacerbate vulnerabilities to trafficking and severe exploitation, and hamper the protection of trafficked persons’ rights. The Special Rapporteur urges States to adopt a genuinely human rights-based approach, and offers updated recommendations, based on the Recommended Principles and Guidelines on Human Rights and Human Trafficking.
Country
Worldwide
Region
Worldwide
Authors
Office Of The Special Rapporteur On Trafficking In Persons
Especially Women And Children
Year
2020
Category

Forced to Report

Mandatory reporting is the obligation in certain countries for health-care personnel and other professionals to report known or suspected cases of sexual or gender-based violence to designated public authorities, notably to law enforcement agencies. It includes providing identifying information, without requiring the consent of the victim/survivor. In some contexts, the victim/survivor is required to report as a precondition for accessing care. States introduce mandatory reporting to respond to their due diligence obligations to investigate, prosecute and punish violent crimes, to prevent them from occurring, and to better protect victims/survivors. The British Red Cross and the International Committee of the Red Cross (ICRC) conducted research in health care settings in four countries affected by armed conflict or other emergencies. The research focussed on the situation for adult victims/survivors. It revealed that mandatory reporting of sexual violence in these contexts can obstruct access to health care for the victims/survivors of these crimes and may expose them to increased risk of secondary violence and harm. This paper analyses and produces evidence of the various challenges of providing health care where mandatory reporting of sexual violence exists and details the negative humanitarian impacts in armed conflict and other emergencies. The report makes recommendations to States that have mandatory reporting regimes, as well as to donors, health-care providers and the Red Cross and Red Crescent Movement, on how to respond to these dilemmas and better protect the health, safety and well-being of survivors.
Country
Worldwide
Region
Worldwide
Authors
Maria Holmblad
Jelia Sane
Year
2020
Category

Targeting Vulnerabilities. The Impact of the Syrian War and Refugees Situation on Trafficking in Persons. A study of Syria, Turkey, Lebanon, Jordan and Iraq

The conflict and violence in Syria since 2011 have caused massive loss of life and human suffering, as well as a complex displacement crisis. Four of Syria’s neighbouring states are the most important hosting countries worldwide for refugees from the war-torn country. As of the end of September 2015, there are almost four million Syrian refugees in Turkey, Lebanon, Jordan and Iraq alone, whose registration is active with the UN High Commission for Refugees (UNHCR). In addition, over six and a half million Syrians are internally displaced within their own country. Not all Syrians and stateless people who have fled abroad have registered with UNHCR or the national authorities (NRC, April 2015), and not all those internally displaced are recorded as such, therefore the figures are likely to be even higher in all cases. Apart from the violence itself, the conflict and attendant refugee crisis in neighbouring countries have led to increased impoverishment, informal “coping” economies and war profiteering, rendering people displaced by the crisis vulnerable to exploitation and different forms of trafficking in persons. Uncertainty prevails as to when the war in Syria will end and internally displaced people (IDPs) will be able to return to their homes, whether Syrian refugees abroad will be able to return to their country of origin, and for how long the hosting states will be able to meet the refugees’ needs in terms of providing access to basic services – accommodation, healthcare and education – and opportunities for income generation. As of mid-2014, the situation in Syria, as well as in parts of Iraq, has been further exacerbated by the seizure of large swathes of territory by Da’ish (ISIS/ISIL/IS), resulting in violence and further displacement of Syrian and Iraqi people, as well as of other people residing in those areas.
Country
Syrian Arab Republic
Turkey
Lebanon
Jordan
Republic Of Iraq
Region
Worldwide
Authors
Claire Healy
Year
2015
Category

Trafficking in Human Beings in Conflict and Post-Conflict Situation

While some of the forms of exploitation covered by this research are specific to countries directly involved in conflict child soldiering and organ trafficking to treat wounded fighters the remaining types of trafficking in human beings have many points in common in conflict and post conflict periods. Recruitment methods, psychological control techniques and the forms of exploitation do not depend on particular geographic zones.
Country
Worldwide
Region
Worldwide
Authors
Olivier Peyroux
Year
2016
Category

Extortion a Key Trigger of Internal Displacement and Forced Migration in the North of Central America and Mexico

This snapshot explores the links between extortion, internal displacement and forced migration in the North of Central America (NCA) and the migration route in Mexico. Although the definition varies across different national legislations, we understand extortion as being the use of intimidation, violence or threats to force someone to do something or to obtain someone’s property.This type of aggression is one of the main drivers of displacement in the region, but it is also one of the main crimes that people are subjected to during displacement, as well as after deportation back to their countries of origin. As such, extortion transcends international borders as one of the main human rights violations committed against displaced people and migrants. In order to outline the issue of extortion and its relationship with internal displacement and forced migration in this region, this snapshot explores the phenomenon of extortion, its protagonists and consequences. The first section compiles an update on the recent data related to the ongoing protection crisis in the region. Secondly the snapshot provides analysis on the regional similarities and trends related to extortion, and then provides a more detailed examination of the situation in Honduras, El Salvador, Guatemala and Mexico, through national chapters. Finally, a brief annex explores the protection risks related to the Covid-19 pandemic.
Country
Honduras
El Salvador
Guatemala
Mexico
Region
Central
North America
Caribbean
Year
2020
Category

Anti-Trafficking in Humanitarian Responses: A Brief Overview and Analysis of Current Practices and Challenges in Addressing Trafficking in Persons Based on Interviews with Protection Cluster and AOR Coordinators

Trafficking in persons (TIP) is a crime and a grave violation of human rights defined in Article 3(a) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. It takes place in every region of the world, in both ordinary times and in times of crisis. Its root causes can include poverty and economic inequality, homelessness, structural or interpersonal violence, gender inequalities, armed conflict and post-conflict factors. TIP manifests in multiple forms affecting women, girls, boys and men who are exploited for domestic servitude, sex, forced labor, and forced marriage, among others. A growing body of research has shown that humanitarian crises may exacerbate pre-existing trafficking trends and give rise to new ones. While some forms of trafficking are a direct result of crises, such as exploitative sexual services demanded by armed groups or the forced recruitment of child soldiers, others are less evident, with traffickers thriving on the widespread human, material, social and economic losses caused by crises. Moreover, conflict and displacement have a stronger impact on trafficking risks due to the general erosion of the rule of law and the breakdown of social safety nets or the lack of other protection systems. Despite the identification of a link between TIP and emergency contexts, trafficking prevention and response is frequently overlooked or not addressed in a comprehensive manner in humanitarian responses.
Country
Worldwide
Region
Worldwide
Year
2018
Category

Institutional Framework for Addressing Gender-Based Violence in Crises

In September 2018, the Department of Operations and Emergencies (DOE) of the International Organization for Migration (IOM) launched its first Institutional Framework for Addressing GBV in Crises (GBViC Framework). The GBViC Framework builds on lessons learned and emerging good practices in addressing gender-based violence (GBV) in IOM’s crisis operations worldwide documented over the past four years.The key objective of the GBViC Framework is to ensure that the safety, dignity, well-being and equitable access to services for all crisis-affected persons, especially women and girls, is prioritized, integrated and coordinated across all IOM crisis operations. It articulates why and how IOM tackles GBV in crises and defines IOM’s vision and scope through three institutional approaches: 1. Mitigating risks: by mitigating the risk of GBV in all crisis operations and doing no harm; 2. Supporting survivors: by facilitating access to survivor-centred, multisectoral services; and 3. Addressing the root causes: by contributing towards progressively transforming the conditions that perpetuate GBV.
Country
Worldwide
Region
Worldwide
Year
2018
Category

Working to Prevent and Address Violence Against Women Migrant Workers

Almost half of the total number of migrant workers in the world today are women. It is important to acknowledge that labour migration may benefit them through economic and socio-cultural empowerment, however, due to their dual vulnerability as migrants and women, they are still disproportionately exposed to a variety of risks arising from their mobility. At every stage of their migratory experience, women migrant workers may be more exposed to human rights violations such as discrimination, exploitation and abuse compared to their male counterparts. This publication presents the approach IOM takes toward the protection and empowerment of women migrant workers. By displaying key IOM activities in that area, the report seeks to better inform policy makers, practitioners and the public of the vulnerability of these women and of good practices for the protection of their human rights throughout the labour migration cycle.
Country
Worldwide
Region
Worldwide
Year
2009
Category