Drafters should ensure the legislative preamble to a state’s anti-trafficking legal framework clearly states the following core principles:
- Sex trafficking is a grave violation of human rights and a form of violence against women and girls;
- Sex trafficking may occur whether or not an international, national or regional border is crossed;
- Sex trafficking may involve foreign nationals, citizens, and legal permanent residents of a particular country;
- Sex trafficking must be addressed by national and local governments through effective prosecution, protection, provision of services, prevention and partnerships. These efforts must be infused with principles of:
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.