Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Ensuring Privacy and Identity of Victims

Last edited: January 26, 2011

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Drafters should ensure that special provisions for the protection of a trafficking victim’s privacy and identity are included in the law.  Such protections should include:

  • The processing, storage and use of personal data exclusively for the purposes for which they were compiled according to existing laws and regulations;
  • Protocols for the sharing of information between agencies involved in the victim identification and assistance with full respect for the protection of privacy of the victim;
  • The confidentiality of information exchanged between a victim and professional providing medical, psychological, legal or other assistance services shall be confidential and shall not be exchanged with third persons without the consent of the victim;
  • Interviews with the victim during court proceedings should be conducted with respect for the victim’s privacy and away from the public and media;
  • The confidentiality of the results of medical examinations of the victim and their use only for criminal investigation and prosecution; and
  • The prohibition against public disclosure or publication of the victim’s name, address, or other identifying information including photographs.

(See: UNODC Model Law Against Trafficking in Persons, Art. 25, 2009; Polaris Project Model Comprehensive State Legislation to Combat Trafficking in Persons, 3.6, 2006; State Model Law on Protection for Victims of Human Trafficking, Division D, Section 4, 2005)

Drafters should ensure that special provisions for the protection of a child victim’s privacy and identity are included in the law. Such protections include the above listed provisions as well as special consideration for the victim’s age. (See: Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe, 2007)

Orders for protection, harassment restraining orders and other court orders

Orders for protection, harassment restraining orders and other court orders may be available for victims of trafficking. For more information,  see the Domestic Violence and Sexual Assault sections of this Module.