FROM BONDAGE TO FREEDOM
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any act or omission that violates rights. The obligation to protect and
respect rights requires the State to take active measures aimed at
preventing violations whether committed by agents of the State or by
non-State actors.66 Finally, the obligation to protect rights requires the
State to implement affirmative measures to enable all persons to realize
their rights.
In this regard the concept of ‘due diligence’ is sometimes mentioned
as the standard by which State responsibility for violation of human rights
by non-State actors is assessed. States that have signed human rights
treaties are responsible to act with due diligence or good faith to prevent
investigate and punish any violation of rights recognized by those
treaties.67 They are also required to provide a mechanism to restore the
rights violated and provide compensation as warranted by the damages
resulting from the violation. Due diligence in the context of trafficking
means State has a duty to provide protection to trafficked persons
according to its obligation under international law. So the State must apply
due diligence principle in ensuring effective prevention of trafficking,
prompt and thorough investigation, and prosecution of traffickers and
compensation for the trafficked persons.
As regards the position of non-citizens with respect to State
Responsibility, it is stated that traditional international law recognizes
that certain duties (either equal treatment or an international minimum
standard) are owed by a host State to aliens or non-nationals within its
territory.68 A State would be held legally responsible for injury to aliens
resulting from acts, which were contrary to international law.69
However, as the individual lacked formal legal status, it was to the
State of origin that such rights accrued70 and the decision whether to extend
diplomatic protection was one for that State to make. But with the
development of international human rights law, greater protection to
66
Anne Gallagher, “The International Legal Response to Human Trafficking”, paper presented
for the Technical Consultative Meeting on Anti-Trafficking Programs in South Asia, Kathmandu,
Nepal, September 2001, p 4.
67
Integration of the Human Rights of Women and the Gender Perspective, Report of the Special
Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika
Coomaraswamy, on Trafficking in Women, Women’s Migration and Violence against Women,
submitted in accordance with Commission on Human Rights resolution 1997/44, E/CN. 4/
2000/68, 29 February 2000.
68
Ryszard Cholewinski, Migrant Workers in International Human Rights Law, Oxford University
Press, London, 1997, pp. 40-47.
69
Mavrommatis Palestine Concessions (Greece v. Great Britain), 1924 Permanent Court of
International Justice. (series A) No. 2, 6 12 (August 30).
70
Supra note 5, p.45.