The suggested changes to the General Recommendation proposed in this document are based on following overarching principles, a) the framework for any legislation, policy or programme including criminal laws to address trafficking should respect, protect and fulfill human rights and fundamental freedoms, b) prevention and elimination of human rights violations including trafficking is achieved by addressing root causes which include patriarchal norms c) any anti-trafficking measures undertaken should be in consultation with and participation of women and persons affected d) upholding women’s and girls’ autonomy should be the goal of all anti-trafficking measures.
This submission argues that the concept of trafficking should be debunked to give way to policies that ensure migrant rights and address migrant labour. In doing this, it deals with the definition of trafficking in the Convention and its consequent impact on women and girls, especially in the context of migration. The CEDAW Committee now has an opportunity to reframe the understanding of state obligations and standards on the issue of trafficking from a gender perspective, so that it is grounded in human rights and upholds bodily autonomy of women and girls.
This submission suggests the Committee (1) develops a comprehensive interpretation that recognizes the inextricable connection amongst the rights to peaceful assembly (ICCPR 21), freedom of expression (19), and freedom of association (22) and; (2) implements the strict tests of necessity and proportionality for restrictions of these rights. The lack of a cross-cutting standard for the restriction of these rights particularly affects those who are perceived to have transgressed sexual and gender norms.
The SRI collaborated on submissions for Denmark, Mozambique, Namibia, Somalia, and Paraguay.
This joint submission in response to the questionnaire by the Special Rapporteur provides context to the analysis on laws on violence against women. As a critical aspect to understanding laws on rape and other forms of sexual violence, this submission locates penal laws within the larger structural paradigm that dictates and influences the enactment and implementation of these laws and policies. It provides critical analysis of the harms of carceral approaches or approaches that rely on punishment and incarceration, when addressing gender-based violence. It argues that the report of the Special Rapporteur is an opportunity to lay down clear frameworks on consent and to counter paternalistic and essentialist discourses.