Are you wondering how human rights shape criminal punishment? An HRBA recognizes that each right has a corresponding obligation, making this approach especially relevant іn criminal justice responses against trafficking.
This recognition оf interconnected rights and responsibilities provides a valuable framework for legal criminal professionals to guide their actions and ensure that all individuals are treated with dignity and respect throughout the criminal justice process.”
The Institute оf Commonwealth Studies, International Commission оf Jurists and Commonwealth Secretariat have joined forces tо produce a Practitioners’ Guide оn A Human Rights-Based Approach tо Criminal Law: Decriminalisation оf Conduct Related tо Poverty, Homelessness and Status (8 March Principles). This was developed during a recent Africa regional consultation.
Treat Everyone With Dignity
A human rights-based approach to criminal law means treating everyone in the criminal justice system with dignity and respect, including victims, witnesses, defendants, and criminal justice officials.
It recognizes that all humans are born free and equal in rights, ensuring access to justice while upholding legal and institutional protections.
This approach views individuals as rights holders and the State responsible for protecting those rights. Anti-corruption efforts must address how corruption threatens fundamental freedoms.
Human trafficking is a severe human rights violation. Yet, many countries criminalize victims instead of their exploiters. This guide promotes policies based on international standards, ensuring laws target those responsible while protecting vulnerable populations.
Ensuring Fairness and Equality
Human rights-based criminal law ensures equal treatment for all, including men, women, children, and people with disabilities or health conditions. Everyone should understand their rights, engage in processes that affect them, and be free from discrimination.
These approaches link rights violations to consequences, reinforcing accountability. Governments must answer for harm caused by their actions or inactions.
A human rights-based approach to trafficking ensures survivors receive assistance, protection, and reparations, aligning with international legal obligations like the ICC Statute.
It recognizes that trafficked individuals were coerced and must be treated as victims. This module provides training for prosecutors, police, and others working with trafficking survivors.
Human Rights Shape Criminal Rehabilitation
Human rights-based approaches focus on rehabilitation, addressing individual needs, and supporting marginalized groups.
This approach embeds human rights standards into policies and operations, giving people more say in decisions that affect them and holding authorities accountable.
Trafficking and corruption cause immense harm. Corruption weakens investigations, prosecutions, and trials, undermining democracy and the rule of law. It also enables organized crime to thrive.
A human rights-based approach to anti-corruption tackles root causes like poverty, inequality, and exclusion, reducing criminal incentives.
This strategy ensures criminal justice efforts against trafficking and corruption don’t violate rights or worsen conditions that fuel crime.
Compensation for crime survivors should be fair and proportionate to the harm suffered and the circumstances of the crime.
