Rządowy projekt ustawy o ratyfikacji Konwencji Rady Europy w sprawie działań przeciwko handlowi ludźmi, sporządzonej w Warszawie dnia 16 maja 2005 r.

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Bearing in mind the European Union Council Framework Decision of 19 July 2002 on
combating trafficking in human beings, the European Union Council Framework Decision
of 15 March 2001 on the standing of victims in criminal proceedings and the European
Union Council Directive of 29 April 2004 on the residence permit issued to third-country
nationals who are victims of trafficking in human beings or who have been the subject of
an action to facilitate illegal immigration, who cooperate with the competent
authorities;
Taking due account of the United Nations Convention against Transnational Organized
Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children with a view to improving the protection which they
afford and developing the standards established by them;
Taking due account of the other international legal instruments relevant in the field of
action against trafficking in human beings;
Taking into account the need to prepare a comprehensive international legal instrument
focusing on the human rights of victims of trafficking and setting up a specific monitoring
mechanism,
Have agreed as follows:
Chapter I – Purposes, scope, non-discrimination principle and definitions
Article 1 – Purposes of the Convention
1
The purposes of this Convention are:
a
to prevent and combat trafficking in human beings, while guaranteeing gender
equality;
b
to protect the human rights of the victims of trafficking, design a comprehensive
framework for the protection and assistance of victims and witnesses, while
guaranteeing gender equality, as well as to ensure effective investigation and
prosecution;
c
to promote international cooperation on action against trafficking in human beings.
2
In order to ensure effective implementation of its provisions by the Parties, this
Convention sets up a specific monitoring mechanism.
Article 2 – Scope
This Convention shall apply to all forms of trafficking in human beings, whether national
or transnational, whether or not connected with organised crime.
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Article 3 – Non-discrimination principle
The implementation of the provisions of this Convention by Parties, in particular the
enjoyment of measures to protect and promote the rights of victims, shall be secured
without discrimination on any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a national minority, property,
birth or other status.
Article 4 – Definitions
For the purposes of this Convention:
a
"Trafficking in human beings" shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or the removal of organs;
b
The consent of a victim of “trafficking in human beings” to the intended exploitation
set forth in subparagraph (a) of this article shall be irrelevant where any of t h e
means set forth in subparagraph (a) have been used;
c
The recruitment, transportation, transfer, harbouring or receipt of a child for t h e
purpose of exploitation shall be considered "trafficking in human beings" even if this
does not involve any of the means set forth in subparagraph (a) of this article;
d
"Child" shall mean any person under eighteen years of age;
e
“Victim” shall mean any natural person who is subject to trafficking in human beings
as defined in this article.
Chapter II – Prevention, co-operation and other measures
Article 5 – Prevention of trafficking in human beings
1
Each Party shall take measures to establish or strengthen national co-ordination between
the various bodies responsible for preventing and combating trafficking in human beings.
2
Each Party shall establish and/or strengthen effective policies and programmes to
prevent trafficking in human beings, by such means as: research, information, awareness
raising and education campaigns, social and economic initiatives and training
programmes, in particular for persons vulnerable to trafficking and for professionals
concerned with trafficking in human beings.
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3
Each Party shall promote a Human Rights-based approach and shall use gender
mainstreaming and a child-sensitive approach in the development, implementation and
assessment of all the policies and programmes referred to in paragraph 2.
4
Each Party shall take appropriate measures, as may be necessary, to enable migration to
take place legally, in particular through dissemination of accurate information by
relevant offices, on the conditions enabling the legal entry in and stay on its territory.
5
Each Party shall take specific measures to reduce children’s vulnerability to trafficking,
notably by creating a protective environment for them.
6
Measures established in accordance with this article shall involve, where appropriate,
non-governmental organisations, other relevant organisations and other elements of civil
society committed to the prevention of trafficking in human beings and victim protection
or assistance.
Article 6 – Measures to discourage the demand
To discourage the demand that fosters all forms of exploitation of persons, especially
women and children, that leads to trafficking, each Party shall adopt or strengthen
legislative, administrative, educational, social, cultural or other measures including:
a
research on best practices, methods and strategies;
b
raising awareness of the responsibility and important role of media and civil society
in identifying the demand as one of the root causes of trafficking in human beings;
c
target information campaigns involving, as appropriate, inter alia, public
authorities and policy makers;
d
preventive measures, including educational programmes for boys and girls during
their schooling, which stress the unacceptable nature of discrimination based on sex,
and its disastrous consequences, the importance of gender equality and the dignity and
integrity of every human being.
Article 7 – Border measures
1
Without prejudice to international commitments in relation to the free movement of
persons, Parties shall strengthen, to the extent possible, such border controls as may be
necessary to prevent and detect trafficking in human beings.
2
Each Party shall adopt legislative or other appropriate measures to prevent, to the extent
possible, means of transport operated by commercial carriers from being used in t h e
commission of offences established in accordance with this Convention.
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3
Where appropriate, and without prejudice to applicable international conventions, such
measures shall include establishing the obligation of commercial carriers, including any
transportation company or the owner or operator of any means of transport, to ascertain
that all passengers are in possession of the travel documents required for entry into t h e
receiving State.
4
Each Party shall take the necessary measures, in accordance with its internal law, to
provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this
article.
5
Each Party shall adopt such legislative or other measures as may be necessary to permit,
in accordance with its internal law, the denial of entry or revocation of visas of persons
implicated in the commission of offences established in accordance with this Convention.
6
Parties shall strengthen co-operation among border control agencies by, inter alia,
establishing and maintaining direct channels of communication.
Article 8 – Security and control of documents
Each Party shall adopt such measures as may be necessary:
a
To ensure that travel or identity documents issued by it are of such quality
that they cannot easily be misused and cannot readily be falsified or
unlawfully altered, replicated or issued; and
b
To ensure the integrity and security of travel or identity documents issued by
or on behalf of the Party and to prevent their unlawful creation and issuance.
Article 9 – Legitimacy and validity of documents
At the request of another Party, a Party shall, in accordance with its internal law, verify
within a reasonable time the legitimacy and validity of travel or identity documents
issued or purported to have been issued in its name and suspected of being used for
trafficking in human beings.
Chapter III – Measures to protect and promote the rights of victims, guaranteeing gender equality
Article 10 - Identification of the victims
1
Each Party shall provide its competent authorities with persons who are trained and
qualified in preventing and combating trafficking in human beings, in identifying and
helping victims, including children, and shall ensure that the different authorities
collaborate with each other as well as with relevant support organisations, so t h a t
victims can be identified in a procedure duly taking into account the special situation of
women and child victims and, in appropriate cases, issued with residence permits under
the conditions provided for in Article 14 of the present Convention.
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2
Each Party shall adopt such legislative or other measures as may be necessary to identify
victims as appropriate in collaboration with other Parties and relevant support
organisations. Each Party shall ensure that, if the competent authorities have reasonable
grounds to believe that a person has been victim of trafficking in human beings, t h a t
person shall not be removed from its territory until the identification process as victim of
an offence provided for in Article 18 of this Convention has been completed by t h e
competent authorities and shall likewise ensure that that person receives the assistance
provided for in Article 12, paragraphs 1 and 2.
3.
When the age of the victim is uncertain and there are reasons to believe that the victim is
a child, he or she shall be presumed to be a child and shall be accorded special protection
measures pending verification of his/her age.
4.
As soon as an unaccompanied child is identified as a victim, each Party shall:
a
provide for representation of the child by a legal guardian, organisation or authority
which shall act in the best interests of that child;
b
take the necessary steps to establish his/her identity and nationality;
c
make every effort to locate his/her family when this is in the best interests of t h e
child.
Article 11 – Protection of private life
1
Each Party shall protect the private life and identity of victims. Personal data regarding
them shall be stored and used in conformity with the conditions provided for by t h e
Convention for the Protection of Individuals with regard to Automatic Processing of
Personal Data (ETS No. 108).
2
Each Party shall adopt measures to ensure, in particular, that the identity, or details
allowing the identification, of a child victim of trafficking are not made publicly known,
through the media or by any other means, except, in exceptional circumstances, in order to
facilitate the tracing of family members or otherwise secure the well-being and protection
of the child.
3
Each Party shall consider adopting, in accordance with Article 10 of the Convention for
the Protection of Human Rights and Fundamental Freedoms as interpreted by t h e
European Court of Human Rights, measures aimed at encouraging the media to protect t h e
private life and identity of victims through self-regulation or through regulatory or co-
regulatory measures.
Article 12 – Assistance to victims
1.
Each Party shall adopt such legislative or other measures as may be necessary to assist
victims in their physical, psychological and social recovery. Such assistance shall
include at least: