International Journal of Cultic Studies ■ Vol. 9, 2018 17
marriage, child marriage, and forced
prostitution.
250F
251
2. Protections for Trafficking Victims Under
International Law
Trafficking victims, therefore, have rights under
international law.
251F
252 Further protections are
given to child victims of trafficking, such as
rules and obligations specified in the Convention
on the Right of the Child which provides that
“the best interests of the child are to be at all
times paramount.”
252F
253 According to the
Convention, children trafficked from other
countries are to be given the same legal
protections as nationals, including rights to
privacy and physical and moral integrity.
253F
254
Privacy rights are particularly important to
trafficked victims to prevent further humiliation
and harm.
254F
255
3. Legal Effect of the International Treaties
What is the effect of international treaties?
Countries (referred to as “States”) that are
signatories to the treaties are obligated to
conform their national legislation to those of the
international law, staying consistent with the
standards of the international treaty.
255F
256
Designated international courts all have
enforcement power making signatories
accountable.
256F
257 There are related treaties that
can be used to combat and prevent
trafficking.
257F
258
251 U.N. HUMAN RIGHTS OFFICE OF THE HIGH COMMISSIONER,
Human Rights and Human Trafficking: Fact Sheet No. 36 (last
visited May 10, 2016) [hereinafter U.N. Fact Sheet No. 36].
252 See id. at 6.
253 See id. at 7. The Convention on the Rights of the Child has not
been ratified by the United States, despite it being the most widely
ratified human rights treaty in history. UNICEF,
http://www.unicef.org/crc/index_73549.html (last visited July 12,
2016).
254 See id.
255 Similar provisions for trafficked children are provided
elsewhere—such as The Protocol and Convention on Action
against Trafficking in Human Beings. See U.N. Fact Sheet No. 36,
supra note 249, at 7.
256 Id.
257 See id. at 9.
258 See id. (examples include: the United Nations Convention
against Transnational Organized Crime, the United Nations
Convention against Corruption, and the Rome Statute of the
International Criminal Court).
Also significant, human rights treaties contain
substantive reference to trafficking.
258F
259
International community organizations
recognize the need to prevent and combat
trafficking and provide protections to victims.
259F
260
Decisions from legal cases of international
tribunals can serve as a source of legal authority
by U.S courts.
260F
261 The European Court of Human
Rights:
affirmed that States are required to “take
such steps as are necessary and available
in order to secure relevant evidence,
whether or not it is located in the
territory of the investigating State” and
that “in addition to the obligation to
conduct a domestic investigation into
events occurring on their own territories,
member States are also subject to a duty
in cross-border trafficking cases to
cooperate effectively with the relevant
authorities of other States concerned in
the investigation of events which
occurred outside their territories.”
261F
262
There are influential documents that do not have
enforcement power, but nevertheless help form
the international legal framework. Examples
include the guidelines on child trafficking issued
by the United Nations Children’s Fund
(UNICEF) and those on trafficking and asylum
issued by the Office of the United Nations High
Commissioner for Refugees (UNHCR).
262F
263
These guidelines can serve as persuasive
authority for legislation and models for best
practices in combating trafficking.
259 See id. at 5 (The treaties are (1) the Convention on the
Elimination of All Forms of Discrimination against Women (art.
6), and (2) the Convention on the Rights of the Child (art. 35).).
260 See id. ((1) Council of Europe’s Convention on Action against
Trafficking in Human Beings, and (2) the European Union
Directive. Also the United Nations General Assembly and the
Human Rights Council have affirmed that trafficking violates and
impairs fundamental human rights.).
261 Id. at 9, 13 (citing Rantsev v. Cyprus and Russia, decided by
the European Court of Human Rights, Application No. 25965/04,
Judgement of January 7, 2010, para. 286).
262 Id. at 13.
263 Id. at 10.
marriage, child marriage, and forced
prostitution.
250F
251
2. Protections for Trafficking Victims Under
International Law
Trafficking victims, therefore, have rights under
international law.
251F
252 Further protections are
given to child victims of trafficking, such as
rules and obligations specified in the Convention
on the Right of the Child which provides that
“the best interests of the child are to be at all
times paramount.”
252F
253 According to the
Convention, children trafficked from other
countries are to be given the same legal
protections as nationals, including rights to
privacy and physical and moral integrity.
253F
254
Privacy rights are particularly important to
trafficked victims to prevent further humiliation
and harm.
254F
255
3. Legal Effect of the International Treaties
What is the effect of international treaties?
Countries (referred to as “States”) that are
signatories to the treaties are obligated to
conform their national legislation to those of the
international law, staying consistent with the
standards of the international treaty.
255F
256
Designated international courts all have
enforcement power making signatories
accountable.
256F
257 There are related treaties that
can be used to combat and prevent
trafficking.
257F
258
251 U.N. HUMAN RIGHTS OFFICE OF THE HIGH COMMISSIONER,
Human Rights and Human Trafficking: Fact Sheet No. 36 (last
visited May 10, 2016) [hereinafter U.N. Fact Sheet No. 36].
252 See id. at 6.
253 See id. at 7. The Convention on the Rights of the Child has not
been ratified by the United States, despite it being the most widely
ratified human rights treaty in history. UNICEF,
http://www.unicef.org/crc/index_73549.html (last visited July 12,
2016).
254 See id.
255 Similar provisions for trafficked children are provided
elsewhere—such as The Protocol and Convention on Action
against Trafficking in Human Beings. See U.N. Fact Sheet No. 36,
supra note 249, at 7.
256 Id.
257 See id. at 9.
258 See id. (examples include: the United Nations Convention
against Transnational Organized Crime, the United Nations
Convention against Corruption, and the Rome Statute of the
International Criminal Court).
Also significant, human rights treaties contain
substantive reference to trafficking.
258F
259
International community organizations
recognize the need to prevent and combat
trafficking and provide protections to victims.
259F
260
Decisions from legal cases of international
tribunals can serve as a source of legal authority
by U.S courts.
260F
261 The European Court of Human
Rights:
affirmed that States are required to “take
such steps as are necessary and available
in order to secure relevant evidence,
whether or not it is located in the
territory of the investigating State” and
that “in addition to the obligation to
conduct a domestic investigation into
events occurring on their own territories,
member States are also subject to a duty
in cross-border trafficking cases to
cooperate effectively with the relevant
authorities of other States concerned in
the investigation of events which
occurred outside their territories.”
261F
262
There are influential documents that do not have
enforcement power, but nevertheless help form
the international legal framework. Examples
include the guidelines on child trafficking issued
by the United Nations Children’s Fund
(UNICEF) and those on trafficking and asylum
issued by the Office of the United Nations High
Commissioner for Refugees (UNHCR).
262F
263
These guidelines can serve as persuasive
authority for legislation and models for best
practices in combating trafficking.
259 See id. at 5 (The treaties are (1) the Convention on the
Elimination of All Forms of Discrimination against Women (art.
6), and (2) the Convention on the Rights of the Child (art. 35).).
260 See id. ((1) Council of Europe’s Convention on Action against
Trafficking in Human Beings, and (2) the European Union
Directive. Also the United Nations General Assembly and the
Human Rights Council have affirmed that trafficking violates and
impairs fundamental human rights.).
261 Id. at 9, 13 (citing Rantsev v. Cyprus and Russia, decided by
the European Court of Human Rights, Application No. 25965/04,
Judgement of January 7, 2010, para. 286).
262 Id. at 13.
263 Id. at 10.
