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

Overview

Last edited: January 25, 2011

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Drafters should ensure the legislative preamble to a state’s anti-trafficking legal framework clearly states the following core principles: 

o   Non-discrimination toward all trafficking victims, and

o   Fair and equal treatment of all trafficking victims, including child victims.

(See: UNODC Model Law Against Trafficking in Persons preamble, paragraph 4, 2009 for list of international obligations with which states must comply to protect human rights and prevent trafficking; Convention of Belém do Pará, Article 2(b), which states that trafficking in persons is physical, sexual and psychological violence against women; Council of Europe Convention Against Trafficking in Human Beings Preamble, 2005 which states “Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being; Considering that trafficking in human beings may result in slavery for victims…”; UNHCR Guidelines on Gender-Related Persecution and Resolution 2005/41, Elimination of violence against Women, 57th meeting, 19 April 2005, paragraph 2, which states that sex trafficking is gender-based violence.)

The rationale described in the following section provides the legal standards a drafter may need to use in persuading government officials, members of parliament and others for each of the core principles in the legislative preamble.