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AbstractUnder international human rights law, the breach of human rights and its consequences lie with a contracting state rather than the perpetrator, because only states have the power and the duty to establish the laws and maintain institutions that ensure the respect and protection of such rights. An important question that will be discussed in this section is what exactly is a human rights violation? Put into perspective, why does torture or trafficking committed by the state, or a failure to take appropriate measures to proscribe it, constitute a violation of human rights whereas the same conduct perpetrated by a private individual is considered a crime. Article 2 of the Draft Articles specifies the conditions required to establish the breach of an international obligation. First, there must be conduct involving some action or omission that is attributable to the state under international law. Second, the conduct must constitute a breach of an international obligation in force in that state. This section discusses the nature and scope of States’ Obligations under international human rights law. Additionally, insight is provided into how the Palermo Protocol operates interdependently with International Human Rights Law to balance the shared goals of preventing the crime, protecting victims, and prosecuting traffickers. 2009, pp. 175, Articles on Responsibility of States for Internationally Wrongful Acts, as contained in Report of the International Law Commission on the Work of its 53rd Session, UN Doc A/55/10 2000 Art. Szablewska 2007, p. Article 21. 1993, pp. 297–318; Schabas 2003, pp. 908– Nations General Assembly 1966, p. Human Rights Comm., General Comment No. 31 The Nature of the General Legal Obligation Imposed on States Parties to the Covenant ¶ 8, Doc. CCPR/C/21/ May 24, 2006. 2009, pp. 437, 2006, pp. 379, Protocol, Article 51; ICCPR, Article 22; United Nations High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking, E/2002/68/ 2002, principle 2004. 2014. 2012, pp. 29– of States for Internationally Wrongful Acts 2001, Article 15, United Nations 2005; Cf. OHCHR 2014; State Responsibility, A/ and Add. 1–7, 271998 James Crawford, First report on State responsibility on the Elimination of Discrimination against Women, Eleventh Session, General Recommendation No. 19 Violence Against Women, art. 9 1989. 2014. Rodriguez v. Honduras, Inter-American Court of Human Rights, Judgment, Rep. No. 4 Ser. C ¶ 172 29 July 1988; see also the development of the concept of due diligence in Jessica Lenahan v. United States Inter-American Commission 2011. For example, “due diligence” is implicitly enshrined in Article 2 1 2014. 2017, p. at v. Greece, European Court of Human Rights, Application No. 71545/12, Judgment, ¶¶ 70–72 21 January 2011; Siliadin v. France, European Court of Human Rights, Application No. 73316/01, Judgment 2005, ¶¶ 70–72; Rantsev v. Cyprus and Russia, European Court of Human Rights, Judgment, Application , ¶ 285, 7 January 2010. at ¶ 2017, p. For an example of circumstances where the state was not found in violation of its positive obligation because the harm was not foreseeable, see Rantsev, supra note 26, at ¶ 222; and Mastromatteov v. Italy, European Court of Human Rights, Judgment, App. No. 37703/97, ¶¶ 178– 2017, pp. 327– at 328; See E. and Others v. the United Kingdom, European Court of Human Rights, App. No. 33218/96, Judgment, ¶ 99 26 November 2002. v. Ireland, [GC] App. No. 35810/09, 28 January 2014, para. 149; see also Salakhov and Islyamova v. Ukraine, App. 28005/08, 14 March 2013, para. 2017, p. Chowdury and Others v. Greece, supra note 15 at ¶¶110– Nestorova, Executive Secretary, Secretariat of the Council of Europe Convention against Trafficking in Human Beings GRETA and Committee of the Parties, CoE, Understanding human trafficking in the private economy-forms, industries and sectors involved, latest trends and responsibility of the private sector Conference “The Public-Private Partnership in the Fight against Human Trafficking” Moscow, July 20–21, 2017. v. Ireland [GC] App no. 35819/09 ECtHR, January 28, 2014 ¶ Opuz v Turkey App no 33401/02 ECHR 9 June 2009. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence 2011, article 5, has also adopted a due diligence standard in the protection of human rights Parties shall take the necessary legislative and other measures to exercise due diligence to prevent, investigate, punish, and provide reparation for acts of violence covered by the scope of this Convention that are perpetrated by non-state Ivette Gonzales and Others v Mexico, Inter-American Court of Human Rights, Series C No 205, Judgment, ¶ 284 15 November 2009. Res 48/104, UN GAOR, 48th sess, 85th plen mtg, UN Doc A/48/49 December 20, 1993. GAOR 1995. at Maastricht, 22–26 January 1997, [18] Maastricht Guidelines’. Although not legally binding, the Maastricht Guidelines have served as persuasive aids in the interpretation of economic, social, and cultural Talmon 2019, p. 2009, p. 2004, pp. 17– 2017, pp. 325– 2001. Alliance Against Traffic in Women GAATW 2017, p. Alliance Against Traffic in Women GAATW 2017, p. of Regional and Sub-Regional Structures, supra note 53, at 4– 2006. of Regional and Sub-Regional Structures, supra note 53, at 4– the APDF & IHRDA v. Republic of Mali case, for example, an NGO filed a complaint to the African Court alleging that certain provisions of the Malian Persons and Family Code were not in compliance with the Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa the Maputo Protocol. Xavier Damiba and Laurent Nare, Proverbes Mossi Abidjan, 1999 proverb no. 785. 2005, pp. 145, 170; see also OHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking, Recommended Principles on Human Rights and Human Trafficking, principle 2010, p. 2003, p. 2008a, pp. 171– Crime Convention, Article 16. Legislative Guide to the Organized Crime Convention and its Protocols, Part I, ¶¶403, 414– supra note 69; United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Res. 55/25, Doc. A/45/49 Vol. I 2001 art. 16 10; Id. at 193–241; UNODC Toolkit, supra note 73, at 119–172; Commentary on the Recommended Principles and Guidelines, supra note 68, at 203– Convention on Extradition 1994. 2010, p. Convention on Mutual Assistance in Criminal Matters, Articles 18–19; see also UNODC 2008b. 2010, pp. 1, Dep’t of State, supra note supra note 81, at Baseline Assessment, supra note 55, at 20– and Kigbu 2015, p. Dep’t of State, Trafficking in Persons Report 2010 Nigeria Jun. 2010. Dep’t of State, Trafficking in Persons Report 2014 Nigeria Jun. 2014. 2001. 2006, pp. 377, 399–400. ReferencesChirwa DM 2004 The doctrine of state responsibility as a potential means of holding private actors accountable for human rights. Melbourne J Int Law 517–18. SO 2013 The human being as a commodity responding to the trafficking and trading of persons in West Africa, Kofi Annan Peacekeeping Training Centre, September 2013. 2001 Declaration on the fight against trafficking in persons. Convention on Extradition 1994 Article 2. The Protocol of 2005 provided for the establishment of a regional Criminal Intelligence and Investigation Bureau CIIB for the West African region Google Scholar Global Alliance Against Traffic in Women GAATW 2017 Facilitating migration and fulfilling rights – to reduce smuggling of migrants and prevent trafficking in persons, 5. JO 1992 International extradition issues arising under the dual criminality requirement. BYU Law Rev 1191 Google Scholar Hassan YB, Kigbu SK 2015 An assessment of the institutional framework for combating human trafficking in Nigeria. J Law Policy Glob 39249. MN 2010 Interstate cooperation and anti-trafficking assessing existing approaches between Nigeria and the United Kingdom 107. J 2003 Borderline slavery—child trafficking in Togo. Hum Rts Watch 15819. B 2010 Judicial cooperation in criminal matters based on the ECCAS, COMESA and SADC Treaties. Afr Law Stud Libr 51, 2. A 2012 The extend of state obligations in preventing and combating trafficking in human beings challenges and perspectives for a European human rights-based approach, pp 29–33 unpublished Central European University on file in Central European University at MY 2005 State responsibilities in combating trafficking in persons in Central Asia. Loy L A Int Comp Law Rev 27145, 170 Google Scholar Obokata T 2006 A human rights framework to address trafficking of human beings. Neth Q Hum Rights 243 Google Scholar OHCHR 2010 Commentary on the recommended principles and guidelines, 203 Google Scholar OHCHR 2014 Human rights and human trafficking, Fact Sheet No. 36, 11. LM 2009 Practical challenges of implementing the complementarity between international humanitarian and human rights law – demonstrated by the procedural regulation of internment in non-international armed conflict. Case West Res J Int Law 40437, 450. R 2009 The legal nature of trafficking in human beings. Intercult Hum Rights Law 4175, 193 Google Scholar Rantsev v. Cyprus and Russia, European Court of Human Rights, Judgment, Application No. 25965/04 7 January 2010 available at Google Scholar Rodley N 1993 Can armed opposition groups violate human rights? In Mahoney KE, Mahoney P eds Human rights in the twenty-first century a global challenge. Martinus Nijhoff, Dordrecht, pp 297–318 Google Scholar Salah R 2001 Child trafficking in West and Central Africa an overview. UNICEF 6-7, 19 February 2001. W 2003 Punishment of non-state actors in non-international armed conflict. Fordham Int Law J 26908–909 Google Scholar Siliadin v. France, European Court of Human Rights, Application No. 73316/01, Judgment 2005 Google Scholar Stoyanova V 2017 Human trafficking and slavery reconsidered conceptual limits and state’s positive obligations in European law. CUP Google Scholar Szablewska N 2007 Non-state actors and human rights in non-international armed conflicts. S Afr Yearb Int Law 32346 Google Scholar Talmon S 2019 The procedural obligation under Article 2 ECHR to investigate and cooperate with investigations of unlawful killings in a cross-border context. Hum Rights Int Law 1399 Google Scholar UN GAOR 1995 The Beijing Declaration and Platform for Action adopted by the Beijing Fourth World Conference on Women reaffirmed this principle Report of the Fourth World Conference on Women, Annex I, UN Doc. A/ Google Scholar United Nations General Assembly 1966 International Covenant on Civil and Political Rights, Treaty Series 999 December 1966, p 171 Google Scholar UNODC 2006 Training manual assistance for the implementation of the ECOWAS plan of action against trafficking in persons, at V. 2008a Toolkit to combat trafficking in persons, Sales No. 171–173. 2008b Toolkit to combat trafficking in persons, Sales No. references Author informationAuthors and AffiliationsSaint Thomas University, Miami Gardens, FL, USAPaul V. I. Sidlawinde KarengaAuthorsPaul V. I. Sidlawinde KarengaYou can also search for this author in PubMed Google ScholarList of Cases/DocumentsList of Cases/Documents Trafficking in persons Enhancing Criminal Investigation, Prosecution and Victim/witness Protection in African and European Countries, Africa-EU Partnership Working Group Dec. 1, 2011, United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Res. 55/25, Doc. A/45/49 Vol. I 2001 art. 16 10.; Id. at 193–241; UNODC Toolkit, supra note 73, at 119–172; OHCHR, Commentary on the Recommended Principles and Guidelines, 2010 supra note 68, at 203–212. APDF & IHRDA v. Republic of Mali, AfCHPR 15, No. 046/2016 20180. Chowdury and Others v. Greece, European Court of Human Rights, Application No. 21884/15, Judgment ¶ 124 ¶ 73 30 Mar. 2017, Chowdury and Others v. Greece, note 15 at ¶¶110–115 Claudia Ivette Gonzales and Others v Mexico, Inter-American Court of Human Rights, Series C No 205, Judgment, ¶ 284 15 November 2009. Committee on the Elimination of Discrimination against Women, Eleventh Session, General Recommendation No. 19 Violence Against Women, art. 9 1989. Draft Articles on Responsibility of States for Internationally Wrongful Acts, as contained in Report of the International Law Commission on the Work of its 53rd Session, UN Doc A/55/10 2000 E. and Others v. the United Kingdom, European Court of Human Rights, App. No. 33218/96, Judgment, ¶ 99 26 November 2002. ECOWAS Common Approach on Migration, ECOWAS Comm. Jan. 18, 2008, ECOWAS Convention on Extradition A/P1/8/94, adopted on 6 August 1994, entered into force December 8, 2005 ECOWAS Convention on Mutual Assistance in Criminal Matters A/P1/7/92, adopted on 29 July 1992, entered into force on 28 October 1998, 2329 UNTS 301 ECOWAS Convention. ECOWAS Convention on Mutual Assistance in Criminal Matters, Articles 18–19. Fact Sheet on the Extradition Treaty, Embassies and Consulates in the Nov. 16 2011, Francois Xavier Damiba and Laurent Nare, Proverbes Mossi Abidjan, 1999 proverb no. 785. GA Res 48/104, UN GAOR, 48th sess, 85th plen mtg, UN Doc A/48/49 December 20, 1993. ICCPR Human Rights Comm., General Comment No. 31 The Nature of the General Legal Obligation Imposed on States Parties to the Covenant ¶ 8, Doc. CCPR/C/21/ May 24, 2006. Id.; FMM West Africa, Counter-Trafficking Baseline Assessment 19–21 2017, Investigation and Monitoring, Nat’l. Agency for the Prohibition of Trafficking in Persons, Jessica Lenahan v. United States Inter-American Commission 2011. Koraou v. Niger, ECOWAS Community Court of Justice, Judgment, No. ECW/CCJ/APP/0808, ¶¶ 82–85 Oct. 27, 2008 available at v. Greece, European Court of Human Rights, Application No. 71545/12, Judgment, ¶¶ 70–72 21 January 2011. Legislative Guides for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocol Thereto, UNODC 2, at XVI 2004, Legislative Guides for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocol Thereto, UNODC 2, ¶ 217 2004, Mastromatteov v. Italy, European Court of Human Rights, Judgment, App. No. 37703/97, ¶¶ 178–179. NAPTIP Rescues 12,000, Rehabilitates 6,000, Secures 325 Convictions, Vanguard Nigeria Sep. 13, 2017, O’Keefee v. Ireland [GC] App no. 35819/09 ECtHR, January 28, 2014 ¶144 O’Keefee v. Ireland, [GC] App. No. 35810/09, 28 January 2014, para. 149; see also Salakhov and Islyamova v. Ukraine, App. 28005/08, 14 March 2013, ¶181. OHCHR, Recommended Principles and Guidelines on Human Rights and Human Trafficking, Recommended Principles on Human Rights and Human Trafficking, principle 14 Opuz v Turkey App no 33401/02 ECHR 9 June 2009. Organized Crime Convention, Article 16. Legislative Guide to the Organized Crime Convention and its Protocols, Part I, ¶¶403, 414–417. Petya Nestorova, Executive Secretary, Secretariat of the Council of Europe Convention against Trafficking in Human Beings GRETA and Committee of the Parties, CoE, Understanding human trafficking in the private economy-forms, industries and sectors involved, latest trends and responsibility of the private sector Conference “The Public-Private Partnership in the Fight against Human Trafficking” Moscow, July 20–21, 2017. Rantsev v. Cyprus and Russia, No. 25965/04, ECtHR, ¶204 January 7, 2010 Rantsev v. Cyprus and Russia, No. 25965/04, ECtHR, ¶203 January 7, 2010 Responsibility of States for Internationally Wrongful Acts 2001, Article 15, United Nations 2005. State Responsibilities to Regulate and Adjudicate Corporate Activities Corporate Activities under the United Nations’ core Human Rights Treaties, OHCR, 3 June 2007 State Responsibility, A/ and Add. 1–7, 271998 James Crawford, First report on State responsibility The Cost of Coercion Global Report on the ILO Declaration on Fundamental Principles and Rights at Work, ILO 42–43 May 12, 2009, The Impact of Free Movement and the Challenges of Migration, Migr. Dialogue for W. Afr. MIDWA Aug. 23, 2016, The Role of Naptip in the Control of Human Trafficking in Nigeria 2004–2009, Kubanni 103, Thematic Meeting on Trafficking in Human Beings and the Smuggling of Migrants, Int’l Ctr. Migr. 10 Dec. 3, 2015, Trafficking in persons Enhancing Criminal Investigation, Prosecution and Victim/witness Protection in African and European Countries, Africa-EU Partnership Working Group Dec. 1, 2011, Training for TIP Nat’l Focal Points, Int’l Training Ctr. of the Int’l Lab. Org., Action for Cooperation Against Trafficking in Persons, Summary of Regional and Sub-Regional Structures and Initiatives to Counter Trafficking in Persons 4–5 Dec. 2010, [hereinafter Summary of Regional and Sub-Regional Structures]. High Commissioner for Human Rights, Draft Compendium of Trafficking-Related Tools Developed at the Regional Level, at 39, Ofc. on Drugs and Crime “UNODC”, Regional Strategy for Combating Trafficking in Persons and Smuggling of Migrants 2015–2020, Dep’t of Just., Attorneys’ Manual § 9– Apr. 2018, Dep’t of State, Trafficking in Persons Report 2008 Nigeria Jun. 2008 Dep’t of State, Trafficking in Persons Report 2008 Nigeria Jun. 2008, Dep’t of State, Trafficking in Persons Report 2010 Ghana Jun. 2010, Dep’t of State, Trafficking in Persons Report 2010 Nigeria Jun. 2010. Dep’t of State, Trafficking in Persons Report 2014 Nigeria Jun. 2014. United Nations High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking, E/2002/68/ 2002, Velasquez Rodriguez v. Honduras, Inter-American Court of Human Rights, Judgment, Rep. No. 4 Ser. C ¶ 172 29 July 1988. Yearbook of the International Law Commission, Vol. II, ¶ 66 c, Doc. A/8010/ 1970 accessed from Rights and permissions Copyright information© 2022 The Authors, under exclusive license to Springer Nature Switzerland AG About this chapterCite this chapterKarenga, 2022. States’ Obligations Under International Human Rights Law. In A West African Model to Address Human Trafficking. Springer, Cham. 02 February 2022 Publisher Name Springer, Cham Print ISBN 978-3-030-88119-1 Online ISBN 978-3-030-88120-7eBook Packages Law and CriminologyLaw and Criminology R0 Skip to content TestEnquiryBookingPaymentAgent Login Become a Host Family Expressing Obligation Expressing Obligation Expressing Obligation By Rob Lane In the last post, I wrote about how ability is expressed using modal verbs and phrases. In this article, I will give an overview obligation. Obligation may be described as pressure on a person to do something or not to do something. There are strong obligations such as rules and necessities, and weak obligations such as advice. Obligations may be internal, from the speaker’s body or mind, and external obligations such as regulations. In this post, we will see only the most common forms used to express standard obligation. Other, more advanced forms will be looked at in future posts. There are a number of important rules that you should take special care to understand and practice. Strong Obligation In present, need to, must and have to are all used to express strong obligation. All three have equal strength. Often learners have difficulties with must and have to and often see little difference between the two. In brief, the rule is that must is used for internal obligations, and have to is used for external obligations. My tooth is sore. I must go to the dentist. To travel, you have to carry a passport. Although this is the guiding rule, there are so many exceptions to it that it is a weak rule. The rule should be applied. You should be prepared for plenty of examples that go against it. The negative forms of these verbs are also of interest. Compare these examples You must not bring food into the class. You don’t have to bring food into the class. The first prohibits bringing food into class. The second says that it is not necessary for you to bring food in but you may. Learners should take special care with structures such as must have done and should have done. These forms will be looked at in a later post. Weak Obligation In present, weak obligation is often described in grammar books as the right/ correct thing to do. Weak obligations may come from tradition, custom or culture and may be seen as advice. Should and ought to are the most common verbs used. There is no difference between the two. Often, learners are unfamiliar with ought to as this may be difficult to hear in conversations because it is contracted. Our friend is unwell. We should visit him. It is a nice thing to do. You ought to prepare your bags the night before your flight. It is a good idea. Obligation in Past Obligation in past in much more simple use only needed to or had to. Had to is most common. There is no difference in strength or internal/ external in the past. As mentioned earlier there are a number of other structures such as be supposed to, must have done, should have done etc. These structures are not used to standard obligation and will be looked at in future posts. You Should Pay special attention to the strong and weak, internal and external rules, and the differences in present and past. Write a dialogue between two people comparing their obligations in the past with today. Share This Story, Choose Your Platform! Related Posts Title Page load link The city’s vibrant array of hotels, restaurants, bars, boutiques and malls, museums, theatres, concert and sports venues, popular attractions and more are open at full capacity and ready to serve all comers. Things to know before you go As the city gets back into the swing of things, there are still a few key things to keep in mind to ensure a safe and seamless Montréal experience Wearing a mask or face covering is now only mandatory in certain indoor public places. And if you’re thinking of taking the scenic route by making a road trip to Montréal, not only do we think that’s a fabulous idea, but we’ve even prepared essential road trip pro tips for drivers coming from the United States and for those motoring from Toronto and area. And for those planning to cruise around town once you’re here, we’ve also got a helpful guide to the ins and outs of driving in Montréal. Preparing your trip to Montréal Good news! All COVID-19 border measures have been lifted, and all international travellers are now eligible to enter Canada, regardless of citizenship If you’re planning a road trip to Montréal from the US, be sure to read our comprehensive guide to making a great drive even greater. If you’re planning to drive from the Toronto region, don’t load the car before reading these essential road trip pro tips. Already in Montréal? Welcome and enjoy! The following is a quick rundown of some of the many things you can do during your time in Montréal. Hotels and transportation Whether it’s of the major chain or swanky boutique variety, Montréal’s multitude of amazing hotels you’ve got 25,000 rooms to choose from, and accommodation establishments of all types, are open, accessible and at your service. As far as getting around goes, buses, the subway or metro as we call it here, ferries, taxis, car services, etc. are the way to go. Restaurants Montréal’s world-renowned restaurants are back to blowing minds with their culinary excellence. Bars, breweries and casinos Nightlife at Montréal’s many bars, breweries and at its casino is back! If you’ve never been, you absolutely must treat yourself to a visit to the utterly one-of-a-kind Casino de Montréal, with its four restaurants of fine dining and live entertainment. Stores, markets and shopping centres All your favourite chic boutiques and trendy shops, one-of-a-kind farmer’s markets like the incomparable Atwater Market and renowned Jean-Talon Market and next-level shopping centres including those that are linked to Montréal’s world-famous Underground City are all open for business. Museums and galleries The city’s numerous museums and galleries are open and happy to share their newest exhibitions. It’s also important to note that some museums might ask that you book your visit in advance. Amusement parks, recreation centres, zoological gardens and aquariums Take advantage of Montréal’s dizzying array of recreational activities or other must-visit MTL mainstays such as the Biodôme or the Botanical Garden. Just check if you need to reserve your tickets before you go. Cultural events, shows and performances Live music concerts, theatre and dance performances and movie theatres are back in full swing. We’ve also welcomed back fans at sports events in arenas and stadiums check out the city’s beloved Montreal Canadiens, or Habs as we call them, at the Bell Centre. Official information sources For specific questions regarding guidelines and government regulations, or about travel to and within Montréal, we recommend consulting these sites for official, up-to-date information Government of Canada travel and borders YUL Montréal-Trudeau International Airport guidelines for arrivals and departures Canada Border Services Agency travel advisories, border measures Ville de Montréal current situation in Montréal Société de transport de Montréal STM guidelines for public transit VIA Rail train travel, service status

to state rules and obligations