...sexual violence refers to any act of a sexual nature committed against any person under coercive circumstances without their consent,13 including ‘force, threat of force, or coercion caused, for example, by fear of violence, duress, detention, psychological oppression or abuse of power’.14 In line with the report of the UN Secretary-General, sexual violence may be physical, psychological and/or verbal.15 It includes rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilisation, forced marriage, trafficking......climate of impunity, which is generally associated with State collapse; cross-border consequences, such as displacement or trafficking; and/or violations of the provisions of a ceasefire agreement’.18 Note to reader What makes an act ‘sexual’ and when an act of a sexual nature may become an act of ‘sexual violence’ have often been the subject of debate. With this in mind, the Hague Principles on Sexual Violence seek to provide practitioners engaged in addressing sexual violence......decent work and face occupational segregation and gender wage gaps. They are too often denied access to basic education and health care. Women in all parts of the world suffer violence and discrimination. They are under-represented in political and economic decision-making processes.34 The inferior status frequently accorded to women ‘is entrenched in history, culture and tradition’, and places them at risk of ‘specific violations such as gender-based violence, trafficking and sex discrimination’.35 In conflict, sexual...

...Having their identity exposed, leaving them at risk of being stigmatised in their communities, or subjected to retaliatory violence and/or honour crime; Being traumatised by invasive forensic examinations; Prosecution in jurisdictions that criminalise adultery, homosexuality or sex work; Arrest, detention or potential deportation in the absence of adequate civil documentation, a situation common among victims/survivors of human trafficking as well as undocumented migrants, asylum-seekers, and internally displaced or stateless persons; Retraumatisation and revictimisation.131 These conditions...

...the lack of privacy, which can lead to sexual violence and child abuse’;30 ‘To avert risks to health and security and possible incidents of sexual and gender-related violence’, strengthen the psychological support offered and identify the specific needs of persons located in migrant holding centres, ‘especially single women and single mothers’,31 ‘victims of torture, trafficking and sexual and gender-based violence’32 and ‘unaccompanied and separated minors’. States should establish ‘gender-appropriate, culturally sensitive and age-sensitive individual screening and assessment......the Convention’51 should be culturally-sensitive52 and provided to all ‘working within the criminal justice system, including police officers, lawyers, prosecutors and judges, and medical personnel’,53 ‘border and security guards’ (to better identify and assist victims of trafficking),54 labour inspectors and teachers.55 III.9 States should collaborate with other actors to eliminate CRSV🔗 In the discharge of their obligations under the Convention, States should collaborate with other actors at the national and international levels. Civil society. States should consult and expand their......of excessive use of force by State officials’; Widen the legal space ‘for the exercise of political and civil rights, including by political opponents’;58 Conduct campaigns to provide information and raise awareness ‘about the crucial work performed by human rights defenders’ to foster a climate of tolerance in which they can carry out their work ‘free of any type of intimidation, threats or retaliation’.59 International actors. With regard to migrants and victims/survivors of trafficking, States should:......Collaborate with the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights and the International Labour Organization;60 ‘Step up international, regional and bilateral cooperation, including by exchanging information and harmonizing procedures, to prevent and combat trafficking in persons’.61 III.10 States should establish national human rights mechanisms to help them eliminate CRSV🔗 States should establish national human rights mechanisms to help them discharge their obligations......Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;65 The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;66 The International Convention for the Protection of All Persons from Enforced Disappearance; The Convention on the Rights of the Child and its Optional Protocol on a Communications Procedure; The Convention on the Rights of Persons with Disabilities and its Optional Protocol; The International...

...Under article 6, States must take all appropriate measures to combat all forms of trafficking in women and exploitation of prostitution of women.118 They should: Support increased access to pathways for safe and regular migration in women’s countries of origin and destination;119 Adopt and implement ‘comprehensive, victim-centred, child-sensitive and gender-sensitive anti-trafficking legislation’ criminalising trafficking at all jurisdiction levels;120 Prevent trafficking and related human rights violations that occur under their jurisdiction, ‘whether perpetrated by public authorities or......victims of trafficking;124 Discourage the demand that fosters all forms of exploitation of persons, especially women and children, ‘that leads to trafficking’;125 Ensure that visa schemes do not discriminate against women or facilitate or result in their trafficking; Adopt bilateral or regional agreements and other forms of cooperation to protect the rights of trafficked women and girls; Adopt a comprehensive, gender-sensitive and rights-based migration policy to protect women and girls coming from conflict-affected areas against......trafficking.126 Trafficking in women and girls breaches the 1951 Convention relating to the Status of Refugees and should be recognised as a legitimate ground for international protection;127 Provide women seeking asylum and women refugees with education, health care, proper accommodation, training and/or job opportunities to facilitate their integration.128 States should grant women whose asylum applications are denied ‘dignified and non-discriminatory return processes’.129 Use of digital technology in trafficking. Digital technology ‘exposes potential victims to an increased risk of being trafficked’.130 States......should: Call for social media and messaging platform companies to take responsibility ‘for exposing women and girls to trafficking and sexual exploitation through use of their services’; Require that companies establish procedures to address trafficking ‘and provide the necessary level of information to the relevant authorities’; Require that companies also use their capabilities to identify any pattern that could lead to trafficking and the involved parties, including on the demand side; Call on digital technology......in working conditions.114 In conflict, they should: Ensure that economic recovery strategies promote gender equality as a necessary precondition ‘for a sustainable post-conflict economy’;115 Leverage opportunities for women’s economic empowerment, in particular for women in rural areas and other disadvantaged groups of women; Involve women in the design of those strategies and programmes and in their monitoring; Effectively address all barriers to women’s equitable participation in those programmes.116 III.11 States must eradicate trafficking🔗 Trafficking, as a...

...of trafficking in persons, with a specific focus on persons in vulnerable circumstances; Investigating cases of trafficking in all its forms, prosecuting the perpetrators and, if convicted, punishing them with appropriate sanctions;92 Increasing efforts to address ‘the root causes of trafficking in persons’; Strengthening international cooperation, in particular with countries of origin, trafficking and transit, to ensure successful prosecutions;93 Providing victims/survivors with effective protection and redress, including compensation, and as full rehabilitation as possible;94 Assisting......enforcement personnel’, are unacceptable.87 Migrants. One of the greatest risks to migrants, particularly unaccompanied children and other persons in vulnerable circumstances, is that of human trafficking.88 Under articles 2 and 16, States should take specific measures to prevent it by: Adopting criminal legislation that contains a legal definition of trafficking in human beings that properly covers all forms of exploitation, including slavery, slavery-like practices and servitude;89 Focusing ‘on developing sustainable pathways for safe, orderly and regular migration......based on protection, human rights and non-discrimination’;90 Restricting the use of entertainment visas to ensure they are not used to facilitate trafficking, allocating sufficient resources for this purpose, and vigorously pursuing enforcement of criminal laws in this regard;91 Developing and applying criteria for evaluating the vulnerability of victims/survivors of trafficking; Providing specialised training to law enforcement officials, border guards, immigration officials, prosecutors, labour inspectors, medical professionals and other relevant actors on detecting and identifying victims/survivors......United Nations Convention against Transnational Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children196 and its Protocol against the Smuggling of Migrants by Land, Sea and Air;197 The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;198 The Rome Statute of the International Criminal Court;199 Council of Europe conventions, including the Convention on Action against Trafficking in Human Beings;200 The......be considered ‘as authors, complicit or otherwise responsible’ for consenting to or acquiescing to the prohibited acts: the State’s indifference or inaction is a form of encouragement and/or permission. The Committee has applied this principle to States Parties’ failure ‘to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking’.42 States Parties should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, such...

...deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence, as well as to cruel, inhuman or degrading treatment or punishment and are segregated and exposed to the risk of sexual violence and trafficking within care and special education institutions’.30 Women, in particular, face ‘involuntary undressing by male staff against the will of the woman concerned; forced administration of psychiatric...

...private and family life against acts of private actors.37 While States have discretion in how to provide protection against acts of individuals in breach of article 8, States must enact efficient criminal law provisions to ensure ‘effective deterrence against grave acts such as rape’.38 CRSV in the form of trafficking. States must ensure ‘the practical and effective protection of the rights of victims or potential victims of trafficking’ in national legislation.39 Under article 4, which prohibits slavery...

...and/or continue education at school and on the way to and from school. Attacks include rape and other forms of sexual violence such as sexual slavery, threats of attacks, abductions, forced marriage, human trafficking, and any resulting stigma and grave consequences on their health, all of which may further impede the continuation of their education. States should foster an enabling and secure environment to ensure safe access to education.96 III.7 States should implement the Women,...