15. Effective and proportionate sanctions shall be applied to individuals and
legal persons found guilty of trafficking or of its component or related
offences.
16. States shall, in appropriate cases, freeze and confiscate the assets of
individuals and legal persons involved in trafficking. To the extent possible,
confiscated assets shall be used to support and compensate victims of
trafficking.
17. States shall ensure that trafficked persons are given access to effective
and appropriate legal remedies.
Recommended
Guidelines
Human Trafficking
on
Human
Rights
and
Guideline 1: Promotion and protection of human rights
Violations of human rights are both a cause and a consequence of trafficking in persons.
Accordingly, it is essential to place the protection of all human rights at the centre of any
measures taken to prevent and end trafficking. Anti-trafficking measures should not
adversely affect the human rights and dignity of persons and, in particular, the rights of
those who have been trafficked, migrants, internally displaced persons, refugees and
asylum-seekers.
States and, where applicable, intergovernmental and non-governmental organizations,
should consider:
1.
Taking steps to ensure that measures adopted for the purpose of
preventing and combating trafficking in persons do not have an adverse
impact on the rights and dignity of persons, including those who have been
trafficked.
2.
Consulting with judicial and legislative bodies, national human rights
institutions and relevant sectors of civil society in the development, adoption,
implementation and review of anti-trafficking legislation, policies and
programs.
3.
Developing national plans of action to end trafficking. This process
should be used to build links and partnerships between governmental
institutions involved in combating trafficking and/or assisting trafficked
persons and relevant sectors of civil society.
4.
Taking particular care to ensure that the issue of gender-based
discrimination is addressed systematically when anti-trafficking measures are
proposed with a view to ensuring that such measures are not applied in a
discriminatory manner.
5.
Protecting the right of all persons to freedom of movement and ensuring
that anti-trafficking measures do not infringe upon this right.
6.
Ensuring that anti-trafficking laws, policies, programs and interventions
do not affect the right of all persons, including trafficked persons, to seek and
enjoy asylum from persecution in accordance with international refugee law,
in particular through the effective application of the principle of nonrefoulement.
7.
Establishing mechanisms to monitor the human rights impact of antitrafficking laws, policies, programs and interventions. Consideration should be
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