Alyssa Marie Caguete

Annotated Bibliography
SOURCE
Definition of
trafficking in
persons.
Retrieved from
http://www.uno
dc.org/southea
stasiaandpacifi
c/en/topics/illici
ttrafficking/hum
an-traffickingdefinition.html

EXCERPT
Trafficking in persons shall mean
the recruitment, transportation,
transfer, harboring or receipt of
persons, by means of the threat or
use by force or other forms of
coercion, of abduction, of fraud, of
deception, of the abuse of power
or of a position of vulnerability or
of the giving and receiving of
payments or benefits to achieve
the consent of a person having
control over another person, for
the purpose of exploitation.
Exploitation shall include, at a
minimum, the exploitation of the
prostitution of others or other
forms of sexual exploitation,
forced labor or services, slavery or
practices similar to slavery,
servitude or the removal of
organs.

ANNOTATIONS
This definition
provides the most
relevant definition of
human rights and
includes the modern
forms of trafficking in
persons.

MHS Human
Trafficking
Retrieved from
https://sites.go
ogle.com
/
site/mhshuman
trafficking/hum
an-rights

The links between human rights

and the fight against trafficking
are well established. From its
earliest days to the present,
human rights law has
unequivocally proclaimed the
fundamental immorality and
unlawfulness of one person
appropriating the legal
personality, labor or humanity of
another. Human rights law has
prohibited discrimination on the
basis of race and sex; it has
demanded equal or at least
certain key rights for non-citizens;
it has decried and outlawed
arbitrary detention, forced labor,
debt bondage, forced marriage,
and the sexual exploitation of
children and women; and it has
championed freedom of
movement and the right to leave
and return to ones own country

This point discusses

the relation of
trafficking in humans
and human rights and
answers the question:
Is human trafficking a
violation of human
rights?

Human Rights
and Human

Both the Charter of the United

Nations and the Universal

This point discusses

the application of

Trafficking
Fact Sheet No.
36. Retrieved
from
http://www.ohc
hr.org/Docume
nts/Publication
s/FS36_en.pdf

Declaration of Human Rights

confirm that rights are universal:
they apply to everyone,
irrespective of their race, sex,
ethnic origin or other distinction.
Trafficked persons are entitled to
the full range of human rights.
Even if they are outside their
country of residence, international
law is clear that trafficked persons
cannot be discriminated against
simply because they are nonnationals. In other words, with
only some narrow exceptions that
must be reasonably justifiable,
international human rights law
applies to everyone within a
States territory or jurisdiction,
regardless of nationality or
citizenship and of how they came
to be within the territory

human rights in cases

of human trafficking
and the rights of
victims.

Human Rights
and Human
Trafficking
Fact Sheet No.
36. Retrieved
from
http://www.ohc
hr.org/Docume
nts/Publication
s/FS36_en.pdf

Treaties are the primary source of

obligations for States with respect
to trafficking. By becoming a party
to a treaty, States undertake
binding obligations in international
law and undertake to ensure that
their own national legislation,
policies or practices meet the
requirements of the treaty and are
consistent with its standards.
These obligations are enforceable
in international courts and
tribunals with appropriate
jurisdiction, such as the
International Court of Justice, the
International Criminal Court, and
may be enforceable in domestic
courts, depending on domestic
law.

This point discusses

the obligation of
states on human
trafficking as a human
rights violation. Here,
the author
emphasizes the
obligation of states
that are bound by the
treaties and the steps
that they need to
undertake in order to
prevent and enforce
the legal obligation in
the International
Court.

Human Rights
and Human
Trafficking
Fact Sheet No.
36. Retrieved
from
http://www.am

Trafficking is a complex issue that

can be considered from different
perspectives, many treaties are
relevant. For example, treaties
dealing with slavery and the slave
trade, forced labor, child labor,
the rights of women, the rights of

This explains what

states are obliged to
do in order to prevent
human rights violation
in national setting.

ericanbar.org/p
ublications/jud
ges_journal/201
3/winter/human
_rightsbased_a
pproach_to_tra
fficking_the_wo
rk_of_the_unite
d_nations_offic
e_of_the_high_c
ommissioner_fo
r_human_rights
.html

children, migrant workers and

persons with disabilities, as well
as more general treaties dealing
with civil, cultural, economic,
political or social rights, are all
applicable to trafficking. Major
crime control treaties, such as the
United Nations Convention against
Transnational Organized Crime
and the United Nations
Convention against Corruption are
also relevant to trafficking, as is
the Rome Statute of the
International Criminal Court.