FROM BONDAGE TO FREEDOM 32 aliens have been provided with the advantage of such rights being vested in the individual and not the State. Core rights, such as the prohibition on slavery, forced labour and debt bondage, which are all relevant for trafficking in persons do appear to be protected. Several of the provisions of the UDHR, and the two Covenants (International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, 1966) have been interpreted as applying equally to non-nationals71. As explained above, State responsibility arises from international human rights law, the constituents of which – customary international law, treaty law, resolutions / declarations and jus cogens would be discussed next. Customary International Law Customary international law is international law that has been formed through the general practice of States and ‘opinio juris’, there is no written document to turn to as evidence of customary law, unless a treaty has codified the practice. The lack of written instruments makes it difficult to determine whether obligations fall under the rubric of customary international law, but once the State practice and opinio juris is established as evidence of customary international law, then all States are committed to upholding these obligations.72 For example, the UDHR though not a binding instrument, has become a part of customary international law for the States have been following the ideals of the declaration in their State practises and they act in this particular way because they feel that international law demands them to do so, therefore there is a sense of legal obligation or opinio juris present in the above State practice. The customary international law thus indirectly helps the State to follow humanitarian standards in the treatment of trafficked persons as a victim of human rights violation. Treaty Law For international obligation flowing from treaty law, one must look to the written document signed and ratified by that State. Only States 71 See, for example, General Covenant No. 13 of the Committee on Economic and Cultural Rights on the Right to Education (1999) available at http://www.unhchr.ch. 72 For a detailed analysis of customary international law see Michael Akehurst, A Modern Introduction to International Law, Taylor and Francis Books Ltd, London, 1987, pp. 25-34.

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