《法学资料大全》（英文版）刑事审判系统中女性扮演的角色

CPIME on the Prevention of crim Original: english and the Treatment of offenders Vienna, 10-17 April 2000 Item 6 of the provisional agenda Offenders and victims: accountability and fairness in the justice process Women in the criminal justice system Background paper for the workshop on women in the criminal justice system

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A/CONF. 187/1 I. Introduction response on the part of justice systems to criminal violence perpetrated against women, pursuant to the Model 1. The Fourth World Conference on Women. held in Strategies and in line with other international instruments Beijing from 4 to 15 September 1995, called upon Through the Global Programme against Trafficking in Governments, the international community and civil Human Beings, the Global Studies on Transnational society to take strategic action in a number of critical areas organized Crime and planned and ongoing operational ofconcern, one of which was violence against women. The activities, the Centre intends to foster a global approach term "violence against women" means any act of and international cooperation aimed at eliminating gender-based violence that results in, or is likely to result violence against women in, physical, sexual or psychological harm or suffering to 5. The subject of women and criminal justice is relevant women,including threats of such acts, coercion or arbitrary to many issues to be dealt with at the Tenth United Nations deprivation of liberty, whether occurring in public or Congress on the Prevention of Crime and the Treatment of private life 2 Offenders. The workshop on women in the criminal justice 2. Within the framework of criminal justice administra- system, to be organized within the framework of the Tenth tion, the continued marginal status and position of women Congress, will provide a forum in which gender-related in society and vis-a-vis legal systems have also resulted in issues concerning criminal justice administration may be their special needs also being regarded as marginal. Crimi- discussed nal justice systems are male-oriented and male-dominated status of women is such that women are in a problematic Il. Module 1: Women as offenders and situation as offenders. detainees. victims and even risoner practitioners. One example of this problematic situation is transnational organized crime, with its unique processes, 6. Little is known about the participation of women in mechanisms and operations. It demonstrates the nature, perpetrating organized crime, including trafficking extent (increasing, yet unrecorded) and gravity of various persons, stolen art, endangered species and stolen cars forms of criminal violence and exploitation by which However, information is increasingly becoming available women and girls are victimized. It underlines the need to on women imprisoned as drug couriers, perhaps due to freedoms, equal protection under the law and fair treatment 7. Women account for a relatively small proportion of in the justice system. It even blurs the lines of distinction the known number of offenders of all types. Recorded between women offenders and women victims offences committed by women are predominantly property 3. An intensified response on the part of justice systems related and, increasingly, drug-related. Violent offences to criminal violence and exploitation perpetrated against committed by females have a lower incidence than those omen and girls is provided for in the Model Strategies committed by males. Most violent offences in which and Practical Measures on the Elimination of violence women were known to be the perpetrators were committed against Women in the Field of Crime Prevention and against family members, most often the women's abusive Criminal Justice( General Assembly resolution 52/86 of spouses or children. Women's involvement in crime has 12 December 1997, annex), which builds upon the objec- been linked by researchers to opportunity theory and tives of the Platform for Action adopted by the Fourth changes in opportunity structures over the years World Conference on Women. The Model Strategies are particularly in some parts of the world' Over the years aimed at deterring and punishing violence against women much attention has been given in United Nations bodies to in all its forms and at mainstreaming a gender perspective the fair treatment of women, in particular the girl child,? in the field of criminal justice by the criminal justice system. That, in turn, has had an 4. Eliminating violence against women and girls and impact on the development of an international notion of promoting their fair treatment are continuing programmatic Juvenile justice. In the wake of the Fourth United Nations concerns of the Centre for International Crime Prevention. Conference on Women, the elimination of violence against Through its programmes on technical cooperation, research women in all its forms became a major international issue, and standards and norms, the Centre promotes an efiective including in United Nations programmes, in activities con-

A/CONF.187/12 3 I. Introduction 1. The Fourth World Conference on Women, held in Beijing from 4 to 15 September 1995, called upon Governments, the international community and civil society to take strategic action in a number of critical areas of concern, one of which was violence against women.1 The term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.2 2. Within the framework of criminal justice administration, the continued marginal status and position of women in society and vis-à-vis legal systems have also resulted in their special needs also being regarded as marginal. Criminal justice systems are male-oriented and male-dominated and typically do not regard gender issues as relevant. The status of women is such that women are in a problematic situation as offenders, detainees, victims and even practitioners. One example of this problematic situation is transnational organized crime, with its unique processes, mechanisms and operations. It demonstrates the nature, extent (increasing, yet unrecorded) and gravity of various forms of criminal violence and exploitation by which women and girls are victimized. It underlines the need to guarantee women their legal rights and fundamental freedoms, equal protection under the law and fair treatment in the justice system. It even blurs the lines of distinction between women offenders and women victims. 3. An intensified response on the part of justice systems to criminal violence and exploitation perpetrated against women and girls is provided for in the Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice (General Assembly resolution 52/86 of 12 December 1997, annex), which builds upon the objectives of the Platform for Action adopted by the Fourth World Conference on Women.3 The Model Strategies are aimed at deterring and punishing violence against women in all its forms and at mainstreaming a gender perspective in the field of criminal justice. 4. Eliminating violence against women and girls and promoting their fair treatment are continuing programmatic concerns of the Centre for International Crime Prevention. Through its programmes on technical cooperation, research and standards and norms, the Centre promotes an effective response on the part of justice systems to criminal violence perpetrated against women, pursuant to the Model Strategies and in line with other international instruments. Through the Global Programme against Trafficking in Human Beings, the Global Studies on Transnational Organized Crime and planned and ongoing operational activities, the Centre intends to foster a global approach and international cooperation aimed at eliminating violence against women. 5. The subject of women and criminal justice is relevant to many issues to be dealt with at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The workshop on women in the criminal justice system, to be organized within the framework of the Tenth Congress, will provide a forum in which gender-related issues concerning criminal justice administration may be discussed. II. Module 1: Women as offenders and prisoners 6. Little is known about the participation of women in perpetrating organized crime, including trafficking in persons, stolen art, endangered species and stolen cars. However, information is increasingly becoming available on women imprisoned as drug couriers, perhaps due to their rapidly increasing numbers. 7. Women account for a relatively small proportion of the known number of offenders of all types.4 Recorded offences committed by women are predominantly propertyrelated and, increasingly, drug-related. Violent offences committed by females have a lower incidence than those committed by males. Most violent offences in which women were known to be the perpetrators were committed against family members, most often the women’s abusive spouses or children. Women’s involvement in crime has been linked by researchers to opportunity theory and changes in opportunity structures over the years, particularly in some parts of the world.5 Over the years, much attention has been given in United Nations bodies to the fair treatment of women,6 in particular the girl child,7 by the criminal justice system. That, in turn, has had an impact on the development of an international notion of juvenile justice.8 In the wake of the Fourth United Nations Conference on Women, the elimination of violence against women in all its forms became a major international issue, including in United Nations programmes, in activities con-

A/CONF. 187/12 cerning women refugees, women migrants, women migrant inappropriate health services(especially in relation to workers, the girl child, womens health and education, maternity), classification and segregation, family visita- women and labour, the rights of women and children, and tion, programmes geared towards males and limited access human rights in the administration of justice. Trafficking to other programmes. Post-incarceration difficulties relate in women for the purpose of prostitution has led to a debate to the preparedness for and support upon release and focusing on womens victimization, human rights and reintegration into society. In a number of countries, traf- fundamental freedoms ficked persons are held in prison before deportation, which 8. The issue of women committing offences has to be might be considered a form of secondary victimization understood in the context of the status and quality of life of 12. In general, the stigma associated with criminality is women and opportunity structures with respect to women. far greater for women than for men; communities are often The consideration of the criminal nature of the activity in far less forgiving of a female criminal. Women may be which women are engaged typically overrides that of the rejected not only by their community but also by their victimization itself. For the most part, women offenders families. This situation has to be acknowledged and come from economically and socially disadvantaged addressed in the development of post-release options and segments of the population. Typically, they are relatively programmes and community-based rehabilitation or alter young and unemployed, have reached relatively low levels natives to imprisonment. Imprisoned drug couriers face of education and have dependent children difficulties in obtaining alternatives to custody in senten 9 Many women imprisoned for offences related to cing, in some cases for reasons that might have to do with drug their situation as immigrants or illegal aliens. There is a They are often duped, entrapped and even enslaved by need for immediate review and monitoring of criminal drug trafficking networks and unaware of the risks and con- Justice policies and practices. Separation from their sequences involved, which, in some cases, include criminal families and anxiety about the well-being of their children sanction and deportation. They receive remuneration that are major issues for women in detention. The access that a is disproportionate to the risks involved and to the market female prisoner has to her children varies considerably value of, and profits derived from, the illicit substances from country to country; there has been some discussion being trafficked. Such women are exposed to danger from concerning the most appropriate arrangements in this the trafficking processes involved and from the organizers. regard, but many problems remain unresolved. While The women nevertheless take part in such activity, as the culture-related variations are to be expected, there is a small remuneration that they receive helps them to meet the need for more sharing of information at the international basic needs of their families. The increasing number of level regarding best practices women in prison for drug offences indicates the urgent 13. One matter of particular concern in relation to the need for an examination of the consequences that women imprisonment of women is the disproportionate share of suffer for participating in such activity imprisoned women in many countries who are members of ethnic and racial minorities. a woman convicted of com- work illegally in sweatshops, as beggars, and in the sex mitting a transnational crime may be imprisoned away from prostitution become older and are no longer able to work women face particular problems such as not being familiar within the sex trade, they may find that their victimization with the local language and not understanding formal and has severely limited their options in life. Faced with living informal rules of the prison system. They may well be confronted not only with linguistic and cultural isolation, on the streets, many of them turn to trafficking in younger but also with racism and xenophobic violence. The abuse women of women in custody is a particularly urgent matter that I1. Women constitute a minority of the detainees in requires a more prompt and effective response on the part prisonsystems. Prison systems are designed, organized and of prison systems in accordance with international administered predominantly by males and with a standards and norms predominantly male population in mind. Many women are held for extensive periods in pre-trial detention centres. Ill. Module 2: Women as victims and Reviews and evaluations concerning the terms of imp- survivors risonment of women identify problems of inadequate or

A/CONF.187/12 4 cerning women refugees, women migrants, women migrant workers, the girl child,9 women’s health and education, women and labour, the rights of women and children, and human rights in the administration of justice. Trafficking in women for the purpose of prostitution has led to a debate focusing on women’s victimization, human rights and fundamental freedoms. 8. The issue of women committing offences has to be understood in the context of the status and quality of life of women and opportunity structures with respect to women. The consideration of the criminal nature of the activity in which women are engaged typically overrides that of the victimization itself. For the most part, women offenders come from economically and socially disadvantaged segments of the population. Typically, they are relatively young and unemployed, have reached relatively low levels of education and have dependent children. 9. Many women imprisoned for offences related to drug trafficking are without legitimate financial means. They are often duped, entrapped and even enslaved by drug trafficking networks and unaware of the risks and consequences involved, which, in some cases, include criminal sanction and deportation. They receive remuneration that is disproportionate to the risks involved and to the market value of, and profits derived from, the illicit substances being trafficked. Such women are exposed to danger from the trafficking processes involved and from the organizers. The women nevertheless take part in such activity, as the small remuneration that they receive helps them to meet the basic needs of their families. The increasing number of women in prison for drug offences indicates the urgent need for an examination of the consequences that women suffer for participating in such activity. 10. Women who have been trafficked are often forced to work illegally in sweatshops, as beggars, and in the sex trade. As women who were trafficked for the purpose of prostitution become older and are no longer able to work within the sex trade, they may find that their victimization has severely limited their options in life. Faced with living on the streets, many of them turn to trafficking in younger women. 11. Women constitute a minority of the detainees in prison systems. Prison systems are designed, organized and administered predominantly by males and with a predominantly male population in mind. Many women are held for extensive periods in pre-trial detention centres. Reviews and evaluations concerning the terms of imprisonment of women identify problems of inadequate or inappropriate health services (especially in relation to maternity), classification and segregation, family visitation, programmes geared towards males and limited access to other programmes. Post-incarceration difficulties relate to the preparedness for and support upon release and reintegration into society. In a number of countries, trafficked persons are held in prison before deportation, which might be considered a form of secondary victimization. 12. In general, the stigma associated with criminality is far greater for women than for men; communities are often far less forgiving of a female criminal. Women may be rejected not only by their community but also by their families. This situation has to be acknowledged and addressed in the development of post-release options and programmes and community-based rehabilitation or alternatives to imprisonment. Imprisoned drug couriers face difficulties in obtaining alternatives to custody in sentencing, in some cases for reasons that might have to do with their situation as immigrants or illegal aliens. There is a need for immediate review and monitoring of criminal justice policies and practices. Separation from their families and anxiety about the well-being of their children are major issues for women in detention. The access that a female prisoner has to her children varies considerably from country to country; there has been some discussion concerning the most appropriate arrangements in this regard, but many problems remain unresolved. While culture-related variations are to be expected, there is a need for more sharing of information at the international level regarding best practices. 13. One matter of particular concern in relation to the imprisonment of women is the disproportionate share of imprisoned women in many countries who are members of ethnic and racial minorities. A woman convicted of committing a transnational crime may be imprisoned away from her home country, family and community network. Such women face particular problems such as not being familiar with the local language and not understanding formal and informal rules of the prison system. They may well be confronted not only with linguistic and cultural isolation, but also with racism and xenophobic violence. The abuse of women in custody is a particularly urgent matter that requires a more prompt and effective response on the part of prison systems in accordance with international standards and norms. III. Module 2: Women as victims and survivors

A/CONF. 187/1 14. Transnational crime poses complex problems in protection under the law, equal access to justice terms of victimization for many individuals; however, it mechanisms, equal protection and safeguarding of their has a disproportionately adverse impa women,as legal rights, fundamental freedoms and dignity, and fair shown by the work of the Ad Hoc Committee on the treatment, including in terms of victim support and Elaboration of a Convention against Transnational Orga- assistance There should not be circumstances under which nized Crime, which is negotiating the revised draft Proto- gender-directed criminal violence can be invited, tolerated col to Prevent, Suppress and Punish Trafficking in Persons, or condoned; nor should there be circumstances of non- especially Women and Children, supplementing the United feasance or malfeasance in response to such victimization Nations Convention against Transnational Organized The forwarding and/or acceptance of stereotypic arguments Crime(A/AC254/4/Add. 3/Rev. 5), and the revised draft of victim precipitation and victim-blaming, including on Protocol against the Smuggling of Migrants by Land, Air the part of justice officials, do not conform with nd Sea, supplementing the United Nations Convention international standards and norms against Transnational Organized Crime 18. One matter of high priority is to promote safe (A/AC 254/4/Add. 1/Rev. 4), both of which pay particular communities and streets for women and girls so that they attention to the protection and support of victims. In the may realize their potential through equal opportunities and proposed preamble to the revised draft Protocol to Prevent, exercise their rights. Of critical importance to this is the Suppress and Punish Trafficking in Persons, it is stated that realization, in terms of policy-making and decision-making targeted by transnational criminal organizations engaged in causes and consequences of victimization on the one hand trafficking in pe ersons and the pressing needs of potential women victims on the 15. The victimization of women cannot be addressed other. Public awareness campaigns, coupled with without examining their disadvantaged situation. There is community-based prevention, including in homes and evidence that womens victimization is directly linked to schools, are among the best ways to utilize scarce their social status. Women are at relatively greater risk of resources; such campaigns often contain a strong and various forms of victimization due to gender inequality. coherent anti-violence message. The proper education, The information available on women as victims of crime is socialization and rearing of children and the setting up of derived mostly from victimization surveys a system of support, referral and response also constitute 16. Various forms of criminal violence are gender- n important part of such efforts directed or gender-targeted violence and include exploita- 19. Research has demonstrated that women and girls who tion for sex and labour via organized criminal operations. commit crime often have a history of prior victimization The elimination of all such forms of violence is the object Familial abuse may force women to try to survive on the of the Model Strategies and Practical Measures on the streets. Women who are illegal migrants might be Elimination of Violence against Women in the Field of pressured to further violate the law in order to avoid Crime Prevention and Criminal Justice. Major United deportation. Trafficked women might have been physically such violence in all its forms nullifies the advancement and city might have been used to get them to enter into thea, Nations conferences on the subject have made clear that and psychologically coerced, or false pretences or dupli fundamental freedoms of women and violates their human trade. Attempts by such victims to resist rape and exploita rights. It is incumbent on the justice systems to upgrade tion or to defend themselves against violence perpetrated heir responses to criminal victimization perpetrated by family members, intimates, associates, sponsors or against women and girls, in terms of prevention, deter- employers commonly result in the victims committing rence, law enactment, law enforcement, sanctioning and additional criminal acts victim support. Criminal justice systems have a central role 20. To combat women's victimization, particularly in the to play in ensuring the security and safety of women and in context of transnational organized crime, it is necessary to removing what might be regarded as invisible barriers to focus on the freedom from their criminal victimization s for such criminality. Despite thei tempts to resist abi porting 17. Thus, women have to be protected in terms of the risk authorities about being victimized. Research has resulted that they bear as a highly vulnerable segment of the victim in the identification of factors, including cultural values

A/CONF.187/12 5 14. Transnational crime poses complex problems in terms of victimization for many individuals; however, it has a disproportionately adverse impact on women, as shown by the work of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, which is negotiating the revised draft Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (A/AC.254/4/Add.3/Rev.5), and the revised draft Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime (A/AC.254/4/Add.1/Rev.4), both of which pay particular attention to the protection and support of victims. In the proposed preamble to the revised draft Protocol to Prevent, Suppress and Punish Trafficking in Persons, it is stated that women and children are particularly vulnerable to and targeted by transnational criminal organizations engaged in trafficking in persons. 15. The victimization of women cannot be addressed without examining their disadvantaged situation.10 There is evidence that women’s victimization is directly linked to their social status. Women are at relatively greater risk of various forms of victimization due to gender inequality. The information available on women as victims of crime is derived mostly from victimization surveys. 16. Various forms of criminal violence are genderdirected or gender-targeted violence and include exploitation for sex and labour via organized criminal operations. The elimination of all such forms of violence is the object of the Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice. Major United Nations conferences on the subject have made clear that such violence in all its forms nullifies the advancement and fundamental freedoms of women and violates their human rights. It is incumbent on the justice systems to upgrade their responses to criminal victimization perpetrated against women and girls, in terms of prevention, deterrence, law enactment, law enforcement, sanctioning and victim support. Criminal justice systems have a central role to play in ensuring the security and safety of women and in removing what might be regarded as invisible barriers to freedom from their criminal victimization. 17. Thus, women have to be protected in terms of the risk that they bear as a highly vulnerable segment of the victim population. In addition to that, however, they deserve equal protection under the law, equal access to justice mechanisms, equal protection and safeguarding of their legal rights, fundamental freedoms and dignity, and fair treatment, including in terms of victim support and assistance. There should not be circumstances under which gender-directed criminal violence can be invited, tolerated or condoned; nor should there be circumstances of nonfeasance or malfeasance in response to such victimization. The forwarding and/or acceptance of stereotypic arguments of victim precipitation and victim-blaming, including on the part of justice officials, do not conform with international standards and norms. 18. One matter of high priority is to promote safe communities and streets for women and girls so that they may realize their potential through equal opportunities and exercise their rights. Of critical importance to this is the realization, in terms of policy-making and decision-making and practical responses, of the relationships between the causes and consequences of victimization on the one hand and the pressing needs of potential women victims on the other. Public awareness campaigns, coupled with community-based prevention, including in homes and schools, are among the best ways to utilize scarce resources; such campaigns often contain a strong and coherent anti-violence message. The proper education, socialization and rearing of children and the setting up of a system of support, referral and response also constitute an important part of such efforts. 19. Research has demonstrated that women and girls who commit crime often have a history of prior victimization. Familial abuse may force women to try to survive on the streets. Women who are illegal migrants might be pressured to further violate the law in order to avoid deportation. Trafficked women might have been physically and psychologically coerced, or false pretences or duplicity might have been used to get them to enter into the sex trade. Attempts by such victims to resist rape and exploitation or to defend themselves against violence perpetrated by family members, intimates, associates, sponsors or employers commonly result in the victims committing additional criminal acts. 20. To combat women’s victimization, particularly in the context of transnational organized crime, it is necessary to focus on the reasons for such criminality. Despite their attempts to resist abuse, most victims avoid reporting to authorities about being victimized. Research has resulted in the identification of factors, including cultural values, that contribute to non-reporting on the part of victims

A/CONF. 187/12 Formidable difficulties are encountered by all types of possible in eliminating violence against women. This abused women. Such difficulties include threats by abusers, exercise is both delicate and complex. Transnational prevailing or persisting stereotypic attitudes or notions that organized crime, because of its nature, requires distinct minimize or excuse victimization and lack of confidence in and somewhat different responses on the part of criminal (or lack of response by)the justice administration. Female justice systems. Among other things, it requires a level of immigrants experience unique difficulties, such as inability international cooperation that is not usually necessary for to communicate, lack of information about legal processes, the control and prevention of other forms of crime. That is and discrimination, which may be exacerbated by their lack also the case for certain forms of organized crime that of certain legal rights as a result of their illegal status. In target women ddition, there may be no assistance or support from the 25. Many legal statutes governing slavery or forced country of origin or the host country of the female victim prostitution tend to be either vague or too narrow to cover The support services may not suit the circumstances and all situations involving trafficking in human beings. In the needs of the victims Platform for Action adopted by the Fourth World Con- ference on Women, Governments were urged to consider I. Module 3 Women in the criminal enacting legislation aimed at preventing sex tourism and trafficking, giving special emphasis to the protection of ustice system young women and children. 2 Since then, a number of countries have enacted new legislation, the impact of 21. It is important to examine the ways in which criminal which has yet to be evaluated systematically. Recently, the ustice systems can help to prevent traditional, discrimina- Commission on Human Rights, in its resolution 1999/40 of tory criminal violence against and the exploitation of 26 April 1999, entitled"Traffic in women and girls women and girls. The growing threat posed by trans- called upon Governments to criminalize trafficking in national organized crime makes it necessary to focus on the women and girls in all its forms, to condemn and penalize victims'access to services, bearing in mind the impact that all the offenders involved, while ensuring that the victims criminal law and procedure, criminal justice processes and of such practices were not penalized crime prevention strategies have on the lives of women and 26. A recent examination of efforts to combat trafficking in persons among States of the Organization for Security 22. Transnational organized crime, especially trafficking and Co-operation in Europe(OSCE)revealed that a unified in migrants, affects all regions of the world. Combating approach did not exist for combating trafficking among trafficking in human beings requires a twofold approach: osce destination countries. It was found that most a criminal justice response, to prevent the crime and deter participating OSce States lacked an adequate legal the offenders, and a human rights response, to protect and framework to combat trafficking in persons. Most relied on defend the rights and integrity of the trafficked persons. existing criminal law statutes, usually those dealing with 23. Among the measures regarding criminal procedure prostitution. Few States had specific laws against such advocated in the Model Strategies and Practical Measures trafficking. The existing laws defined the offence in terms on the Elimination of Violence against Women are those of trafficking for prostitution or sexual exploitation and aimed at ensuring the safety of victims and their families therefore, might prove to be inadequate for the purposes of and at protecting them from intimidation and retaliation. addressing the various forms of trafficking and The need to protect witnesses against intimidation has contemporary forms of slavery arisen in connection with, inter alia, organized crime, 27. The main law enforcement problems noted in the terrorist offences, drug-related offences and domestic above-mentioned report included the following trafficking violence. Fear for the safety of the individual concerned in human beings tended to be seen as a far less serious and of his or her family members continues to hinder the problem than trafficking in drugs or firearms; few law giving of testimony in cases involving organized crime 24. Governments have been invited by various legislative bodies and in various instruments such as the mode Strategies to review their criminal laws and criminal justice administrations in order to render them as effective as

A/CONF.187/12 6 Formidable difficulties are encountered by all types of abused women. Such difficulties include threats by abusers, prevailing or persisting stereotypic attitudes or notions that minimize or excuse victimization and lack of confidence in (or lack of response by) the justice administration. Female immigrants experience unique difficulties, such as inability to communicate, lack of information about legal processes, and discrimination, which may be exacerbated by their lack of certain legal rights as a result of their illegal status. In addition, there may be no assistance or support from the country of origin or the host country of the female victim. The support services may not suit the circumstances and needs of the victims. IV. Module 3: Women in the criminal justice system 21. It is important to examine the ways in which criminal justice systems can help to prevent traditional, discriminatory criminal violence against and the exploitation of women and girls. The growing threat posed by transnational organized crime makes it necessary to focus on the victims’ access to services, bearing in mind the impact that criminal law and procedure, criminal justice processes and crime prevention strategies have on the lives of women and girls. 22. Transnational organized crime, especially trafficking in migrants, affects all regions of the world. Combating trafficking in human beings requires a twofold approach: a criminal justice response, to prevent the crime and deter the offenders; and a human rights response, to protect and defend the rights and integrity of the trafficked persons. 23. Among the measures regarding criminal procedure advocated in the Model Strategies and Practical Measures on the Elimination of Violence against Women are those aimed at ensuring the safety of victims and their families and at protecting them from intimidation and retaliation. The need to protect witnesses against intimidation has arisen in connection with, inter alia, organized crime, terrorist offences, drug-related offences and domestic violence. Fear for the safety of the individual concerned and of his or her family members continues to hinder the giving of testimony in cases involving organized crime. 24. Governments have been invited by various legislative bodies and in various instruments such as the Model Strategies to review their criminal laws and criminal justice administrations in order to render them as effective as possible in eliminating violence against women. This exercise is both delicate and complex. Transnational organized crime, because of its nature, requires distinct and somewhat different responses on the part of criminal justice systems. Among other things, it requires a level of international cooperation that is not usually necessary for the control and prevention of other forms of crime. That is also the case for certain forms of organized crime that target women. 25. Many legal statutes governing slavery or forced prostitution tend to be either vague or too narrow to cover all situations involving trafficking in human beings. In the Platform for Action adopted by the Fourth World Conference on Women,11 Governments were urged to consider enacting legislation aimed at preventing sex tourism and trafficking, giving special emphasis to the protection of young women and children.12 Since then, a number of countries have enacted new legislation, the impact of which has yet to be evaluated systematically. Recently, the Commission on Human Rights, in its resolution 1999/40 of 26 April 1999, entitled “Traffic in women and girls”, called upon Governments to criminalize trafficking in women and girls in all its forms, to condemn and penalize all the offenders involved, while ensuring that the victims of such practices were not penalized. 26. A recent examination of efforts to combat trafficking in persons among States of the Organization for Security and Co-operation in Europe (OSCE) revealed that a unified approach did not exist for combating trafficking among OSCE destination countries.13 It was found that most participating OSCE States lacked an adequate legal framework to combat trafficking in persons. Most relied on existing criminal law statutes, usually those dealing with prostitution. Few States had specific laws against such trafficking. The existing laws defined the offence in terms of trafficking for prostitution or sexual exploitation and, therefore, might prove to be inadequate for the purposes of addressing the various forms of trafficking and contemporary forms of slavery. 27. The main law enforcement problems noted in the above-mentioned report included the following: trafficking in human beings tended to be seen as a far less serious problem than trafficking in drugs or firearms; few law

A/CONF. 187/1 enforcement agencies seemed to recognize fully the bru- cooperation is needed to facilitate the protection of tality of the crime or address the involvement of organized witnesses and the implementation of protection criminal groups, trafficking in human beings was often programmes across borders. A number of regional black-market labour rather than de Oreign prostitution"or organizations, such as the Counci consent of the trafficked person was presumed; the problem protection was dismissed as an abuse by private individuals for which 30. Many victims of trafficking in human beings are States had no responsibility; and the laws that were detained by the receiving State, for violation of immi- enfor ced were far more likely to be enforced against the trafficked persons than against the perpetrator of the gration laws, for prostitution, or even as witnesses. Illegal trafficking crimes. I3 migrants who are detained by the receiving State have a ecognized right under international law to be treated with 28. Law enforcement agencies have often argued that it humanity and dignity, both before and after the determina- is difficult for them to prosecute trafficking offences under tion of the lawfulness of their detention. 5Trafficked the current system in many countries. It is difficult to persons who are arrested do not necessarily receive the convict a trafficker if the key witness has already been assistance that they need and are entitled to under inter- deported. Immigration laws, policies and procedures national human rights instruments. Their almost automatic should ensure that the victimization of trafficked persons deportation as illegal migrants also compounds the pro- transit or source State. In many cases, strict immigration identified as such laws and procedures relating to the deportation of illegal 31. A few countries have specific legislation permitting migrants or workers hamper efforts to prosecute trafficking atemporary stay for victims of trafficking. Suchlegislation crimes and to protect the human rights of victims. The threat of immediate deportation prevents victims from is meant to allow the victim of a crime involving seeking help from police or other authorities; and victims trafficking to become a temporary resident and to receive assistance while cooperating with law enforcement. Some who are arrested or otherwise escape ther traffickers do countries have institutionalized policies for assisting not receive the assistance or protection that they need Those attempting to assist victims of trafficking are reluc- victims of trafficking offences and offer a temporary stay of deportation while the victim decides whether to partici tant to cooperate with law enforcement. Effective law pate as a witness in criminal proceedings. Not surprisingly, enforcement is severely undermined because victims are those countries have reported significant increases in wit- when reasonably good laws exist, trafficking in persons The United Nations High Commissioner for Human Rights remains a relatively low law enforcement priority in a has expressed the view that, at a very minimum, the identi number of countries. As it is generally assumed that fication of an individual as a trafficked person should be organized crime in general and trafficking in women and sufficient to ensure that immediate expulsion that goes without the collusion of officials, specific measures to against the will of the victim does not occur and that pro- tection and assistance are offered combat corruption are 32. Specific measures are required to raise public aware- 29. In some countries there are already extensive witness ness of the seriousness of the impact of certain forms of rotection programmes. But in many countries where the transnational organized crime, in particular trafficking in incidence of serious crime is not high, such programmes do women and children. Specific measures are also required not exist. There is a need to explore ways and means of giving the protection needed in each individual case. The to inform potential victims of such trafficking of the risk that they face. In a number of countries it would appear many problems that arise relate, inter alia, to the specific that state-sponsored programmes are virtually non-existent, circumstances in different countries. When designing a that public awareness about trafficking re framework of measures to combat organized crime, that the requisite resources for such programmes are not specific rules of procedure should be adopted to cope with available the intimidation of witnesses. Moreover. international

A/CONF.187/12 7 enforcement agencies seemed to recognize fully the brutality of the crime or address the involvement of organized criminal groups; trafficking in human beings was often regarded as nothing more than “foreign prostitution” or black-market labour rather than as a form of slavery; the consent of the trafficked person was presumed; the problem was dismissed as an abuse by private individuals for which States had no responsibility; and the laws that were enforced were far more likely to be enforced against the trafficked persons than against the perpetrator of the trafficking crimes.13 28. Law enforcement agencies have often argued that it is difficult for them to prosecute trafficking offences under the current system in many countries. It is difficult to convict a trafficker if the key witness has already been deported. Immigration laws, policies and procedures should ensure that the victimization of trafficked persons is not compounded by the intervention of the destination, transit or source State. In many cases, strict immigration laws and procedures relating to the deportation of illegal migrants or workers hamper efforts to prosecute trafficking crimes and to protect the human rights of victims. The threat of immediate deportation prevents victims from seeking help from police or other authorities; and victims who are arrested or otherwise escape their traffickers do not receive the assistance or protection that they need. Those attempting to assist victims of trafficking are reluctant to cooperate with law enforcement. Effective law enforcement is severely undermined because victims are unwilling or unable to testify against traffickers. Even when reasonably good laws exist, trafficking in persons remains a relatively low law enforcement priority in a number of countries. As it is generally assumed that organized crime in general and trafficking in women and children in particular cannot occur on the scale that they do without the collusion of officials, specific measures to combat corruption are required. 29. In some countries there are already extensive witness protection programmes. But in many countries where the incidence of serious crime is not high, such programmes do not exist. There is a need to explore ways and means of giving the protection needed in each individual case. The many problems that arise relate, inter alia, to the specific circumstances in different countries. When designing a framework of measures to combat organized crime, specific rules of procedure should be adopted to cope with the intimidation of witnesses. Moreover, international cooperation is needed to facilitate the protection of witnesses and the implementation of protection programmes across borders. A number of regional organizations, such as the Council of Europe14 and the European Union, have been active in the area of witness protection. 30. Many victims of trafficking in human beings are detained by the receiving State, for violation of immigration laws, for prostitution, or even as witnesses. Illegal migrants who are detained by the receiving State have a recognized right under international law to be treated with humanity and dignity, both before and after the determination of the lawfulness of their detention.15 Trafficked persons who are arrested do not necessarily receive the assistance that they need and are entitled to under international human rights instruments. Their almost automatic deportation as illegal migrants also compounds the problem. Many victims are deported without having even been identified as such. 31. A few countries have specific legislation permitting a temporary stay for victims of trafficking. Such legislation is meant to allow the victim of a crime involving trafficking to become a temporary resident and to receive assistance while cooperating with law enforcement. Some countries have institutionalized policies for assisting victims of trafficking offences and offer a temporary stay of deportation while the victim decides whether to participate as a witness in criminal proceedings. Not surprisingly, those countries have reported significant increases in witness testimony and successful prosecution of traffickers. The United Nations High Commissioner for Human Rights has expressed the view that, at a very minimum, the identification of an individual as a trafficked person should be sufficient to ensure that immediate expulsion that goes against the will of the victim does not occur and that protection and assistance are offered.16 32. Specific measures are required to raise public awareness of the seriousness of the impact of certain forms of transnational organized crime, in particular trafficking in women and children. Specific measures are also required to inform potential victims of such trafficking of the risk that they face. In a number of countries it would appear that state-sponsored programmes are virtually non-existent, that public awareness about trafficking remains low and that the requisite resources for such programmes are not available

A/CONF. 187/12 V. Module 4: Research and polic operate in a manner similar to that of the International Issues Crime(Victim) Survey, using statistically representative samples, astandardized questionnaire and the same metho- 33. There has been an exponential growth in the number dology in all participating countries of studies on violence against women over the last dee 36. National surveys on violence against women, based Global concern with violence against women has resulted on interviews of a representative sample of the female in broader international recognition of the need for population, have been carried out in several countries and importance of gender-sensitive and gender-balanced The primary focus of the surveys is the measurement of research approaches. The situation of women with respect physical and sexual violence experienced by women; how- to transnational organized crime has not been given similar ever, data on women and transnational crime are lacking attention in terms of research; consequently, there is a lack the surveys of comparative data in this area. There is also a need for 37. Basic research on prevalence gives vital information, gender-sensitive research to evaluate the role and the but what is also needed is innovative methods for provi- extent of this phenomenon and to prompt reform in law- ding information on the everyday experiences of women in making, policy-making and decision-making connection with crime and the criminal justice system, that 4. Violence against women can be measured in different is, a womans viewpoint of the research. In particular the ways. There are limitations to official statistics. Crimes multiple forms of transnational crime are difficult to study recorded by the police take account of only those events using traditional methods. There is a need to combine which have come to the attention of the police and which quantitative and qualitative research to compare informa- the police have classified as offences. There are several tion from several official and unofficial sources and to reasons why crimes are not reported to the police and why compare information at the national, regional and global the police do not record them. Victims of violence against levels. There is also a great need for data that can shed women may feel shame and guilt and, in many cases, want light on all sides of the problem: operational data can assist to hide the problem from their neighbours, relatives and in detecting crime and patterns in crime; disaggregate others, especially if the abuser is a partner, relative or research data can show different patterns between women friend.Victims may also be threatened about reporting the and men; and victim surveys, and especially booster offence to authorities, or there might be economic samples, can bring to light crime rates never shown in consequences if the partner who might also be the main official statistics breadwinner of the family is convicted( fines are paid from 38. Gauging the nature and extent of gender balance the family budget, and imprisonment may lower the family within a particular criminal justice system would require acome). Police officers might regard the situation as an the development of multiple direct and indirect indices dinary family dispute that does not need to be recorded and, above all, more sophisticated methodologies for the as a crime. For these reasons, many violent acts against collection and analysis of information on trafficking in women do not come to the attention of the authorities. The women number of unrecorded crimes involving violence against women is high 39. It is difficult to measure the phenomenon of traf- ficking in women. It appears that trafficking issues are 35. National victim surveys include questions on physical mostly dealt with in media reports, while scientific infor and sexual violence against women. Findings suggest that mation on the subject is scarce and rarely reliable. No there are grounds to claim that both reporting in a survey accurate statistics are currently available on the magnitude and reporting to the police undercut the true extent of of trafficking in human beings and smuggling of migrants victimization of women. General victimization surveys It has been argued that reasons for this include the fol- have not been able to provide reliable information on lowing: different countries and international agencies use specific characteristics of violence experienced by women. different definitions of smuggling and trafficking; it is The results of national studies on violence against women likely that the majority of people who are smuggled or are hard to compare because the methods of data collection trafficked are never detected by immigration authorities and the survey questions are different. In order to collect there are no systems for collecting data on people who are comparable data, an international survey on violence apprehended and/or rejected at airports; and there is against women would be appropriate. The survey would incentive for apprehended illegal migrants to divulge

A/CONF.187/12 8 V. Module 4: Research and policy issues 33. There has been an exponential growth in the number of studies on violence against women over the last decade. Global concern with violence against women has resulted in broader international recognition of the need for and importance of gender-sensitive and gender-balanced research approaches. The situation of women with respect to transnational organized crime has not been given similar attention in terms of research; consequently, there is a lack of comparative data in this area. There is also a need for gender-sensitive research to evaluate the role and the extent of this phenomenon and to prompt reform in lawmaking, policy-making and decision-making. 34. Violence against women can be measured in different ways. There are limitations to official statistics. Crimes recorded by the police take account of only those events which have come to the attention of the police and which the police have classified as offences. There are several reasons why crimes are not reported to the police and why the police do not record them. Victims of violence against women may feel shame and guilt and, in many cases, want to hide the problem from their neighbours, relatives and others, especially if the abuser is a partner, relative or friend. Victims may also be threatened about reporting the offence to authorities, or there might be economic consequences if the partner who might also be the main breadwinner of the family is convicted (fines are paid from the family budget, and imprisonment may lower the family income). Police officers might regard the situation as an ordinary family dispute that does not need to be recorded as a crime. For these reasons, many violent acts against women do not come to the attention of the authorities. The number of unrecorded crimes involving violence against women is high. 35. National victim surveys include questions on physical and sexual violence against women. Findings suggest that there are grounds to claim that both reporting in a survey and reporting to the police undercut the true extent of victimization of women. General victimization surveys have not been able to provide reliable information on specific characteristics of violence experienced by women. The results of national studies on violence against women are hard to compare because the methods of data collection and the survey questions are different. In order to collect comparable data, an international survey on violence against women would be appropriate. The survey would operate in a manner similar to that of the International Crime (Victim) Survey, using statistically representative samples, a standardized questionnaire and the same methodology in all participating countries. 36. National surveys on violence against women, based on interviews of a representative sample of the female population, have been carried out in several countries.17 The primary focus of the surveys is the measurement of physical and sexual violence experienced by women; however, data on women and transnational crime are lacking in the surveys. 37. Basic research on prevalence gives vital information, but what is also needed is innovative methods for providing information on the everyday experiences of women in connection with crime and the criminal justice system, that is, a woman’s viewpoint of the research. In particular the multiple forms of transnational crime are difficult to study using traditional methods. There is a need to combine quantitative and qualitative research to compare information from several official and unofficial sources and to compare information at the national, regional and global levels. There is also a great need for data that can shed light on all sides of the problem: operational data can assist in detecting crime and patterns in crime; disaggregated research data can show different patterns between women and men; and victim surveys, and especially booster samples, can bring to light crime rates never shown in official statistics. 38. Gauging the nature and extent of gender balance within a particular criminal justice system would require the development of multiple direct and indirect indices and, above all, more sophisticated methodologies for the collection and analysis of information on trafficking in women. 39. It is difficult to measure the phenomenon of trafficking in women. It appears that trafficking issues are mostly dealt with in media reports, while scientific information on the subject is scarce and rarely reliable. No accurate statistics are currently available on the magnitude of trafficking in human beings and smuggling of migrants. It has been argued that reasons for this include the following: different countries and international agencies use different definitions of smuggling and trafficking; it is likely that the majority of people who are smuggled or trafficked are never detected by immigration authorities; there are no systems for collecting data on people who are apprehended and/or rejected at airports; and there is no incentive for apprehended illegal migrants to divulge

A/CONF. 187/1 information about whether they are part of a larger orga- (ii) Implications and ramifications for women of nized activit new policies and programmes in the field of crime 40. The problem of transnational crime, more than any prevention and criminal justice; other form of crime, requires international cooperation (iii) In the area of incarceration of women, specific especially in multidisciplinary research. Through interna health needs, maternal responsibilities, vulnerability tional research cooperation it is possible to obtain informa- to exploitation and abuse while in confinement, and tion on cross-border crime such information is useful in programmes and services to meet the needs of an the prevention of crime and in policy-making. New increasingly culturally and racially diverse female esearch methods are also needed to establish a link of prison population cooperation between practitioners, researchers and non- governmental and voluntary organizations in different (iv) In respect of women offenders, crime preven- fields. International cooperation makes it possible to gather tion policies first and foremost addressing the Socio- the results of comparative research, which in turn makes it economic status of women, social and community possible to develop macrolevel indicators, as well as support, and options available to the most disadvan benchmarks. With evaluative research it is possible to taged women in society, determine which methods really work; and with the coope- (v) Implementation of relevant international ins ration of an international network. the research results can truments to ensure that equality, justice and the pro- be conveyed to a large audience. New methods are also tection of human rights are key objectives of the needed to tackle the questions connected to non-traditional responses on the part of the justice system in every forms of crime experienced by women, both as offenders ociety to the criminal conduct of women and as victims. Research on the subject should be (vi) The importance of analyses of the role of dinated at the local. national and international levels women in criminal organizations to increasing the 41. Researchers examining questions concerning women knowledge available on the organizational operations and transnational crime may themselves be threatened with and mechanisms of transnational crime. and the or be subject to physical danger; the use of force by mem- nature and extent ofcommunity involvement, support bers of criminal organizations in order to maintain the status quo is the rule rather than an exception. Research (b) Women as victims and survivors (module 2) results may be considered a threat to the highly lucrative business of transnational crime, and researchers may be (1) Ways to reduce the vulnerability of women and dentified with members of law enforcement or other sys- to develop indigenous strategies aimed at reducing tems of control. Also, close cooperation with the police their exploitation and abuse, with emphasis on the nt might create some ethical considerations. For example, in some countries the victims of trafficking in women or (ii) Provision of sustainable economic options for women working as prostitutes may be considered to be women as a key issue in addressing the victimization offenders, that puts the researcher in a position where he or of women, particularly in the processes involved in she might unintentionally assist the police, thus further trafficking in persons, weakening the status of the women concerned (iii) Development of common strategies and the strengthening of communication networks between VI. Possible issues for discussion governmental agencies and non-governmental orga- nizations so as to provide more effective support to women who resist victimization 42. Issues that could be examined in the workshop nclude the following (iv) Development of ways to render support to (a)Women as offenders and prisoners(module D): them and later give evidence in court; (i Relation between the victimization and status (v) Elimination of barriers to reporting, so that women who make the decision to report their vic timization are supported by appropriate procedures, mechanisms and processes, safeguarding of the

A/CONF.187/12 9 information about whether they are part of a larger organized activity. 40. The problem of transnational crime, more than any other form of crime, requires international cooperation, especially in multidisciplinary research. Through international research cooperation it is possible to obtain information on cross-border crime; such information is useful in the prevention of crime and in policy-making. New research methods are also needed to establish a link of cooperation between practitioners, researchers and nongovernmental and voluntary organizations in different fields. International cooperation makes it possible to gather the results of comparative research, which in turn makes it possible to develop macrolevel indicators, as well as benchmarks. With evaluative research it is possible to determine which methods really work; and with the cooperation of an international network, the research results can be conveyed to a large audience. New methods are also needed to tackle the questions connected to non-traditional forms of crime experienced by women, both as offenders and as victims. Research on the subject should be coordinated at the local, national and international levels. 41. Researchers examining questions concerning women and transnational crime may themselves be threatened with or be subject to physical danger; the use of force by members of criminal organizations in order to maintain the status quo is the rule rather than an exception. Research results may be considered a threat to the highly lucrative business of transnational crime, and researchers may be identified with members of law enforcement or other systems of control. Also, close cooperation with the police might create some ethical considerations. For example, in some countries the victims of trafficking in women or women working as prostitutes may be considered to be offenders; that puts the researcher in a position where he or she might unintentionally assist the police, thus further weakening the status of the women concerned. VI. Possible issues for discussion 42. Issues that could be examined in the workshop, include the following: (a) Women as offenders and prisoners (module 1): (i) Relation between the victimization and status of women; (ii) Implications and ramifications for women of new policies and programmes in the field of crime prevention and criminal justice; (iii) In the area of incarceration of women, specific health needs, maternal responsibilities, vulnerability to exploitation and abuse while in confinement, and programmes and services to meet the needs of an increasingly culturally and racially diverse female prison population; (iv) In respect of women offenders, crime prevention policies first and foremost addressing the socioeconomic status of women, social and community support, and options available to the most disadvantaged women in society; (v) Implementation of relevant international instruments to ensure that equality, justice and the protection of human rights are key objectives of the responses on the part of the justice system in every society to the criminal conduct of women; (vi) The importance of analyses of the role of women in criminal organizations to increasing the knowledge available on the organizational operations and mechanisms of transnational crime, and the nature and extent of community involvement, support and collaboration; (b) Women as victims and survivors (module 2): (i) Ways to reduce the vulnerability of women and to develop indigenous strategies aimed at reducing their exploitation and abuse, with emphasis on the empowerment of women; (ii) Provision of sustainable economic options for women as a key issue in addressing the victimization of women, particularly in the processes involved in trafficking in persons; (iii) Development of common strategies and the strengthening of communication networks between governmental agencies and non-governmental organizations so as to provide more effective support to women who resist victimization; (iv) Development of ways to render support to women and girls when they report crimes against them and later give evidence in court; (v) Elimination of barriers to reporting, so that women who make the decision to report their victimization are supported by appropriate procedures, mechanisms and processes; safeguarding of the

A/CONF. 187/12 fundamental rights of women and girls who are (iii) Planning for technical cooperation, taking into victimized; and provision of the requisite account similar efforts that are existing or planned at support, protection and fair treatment in justice the international and national levels in order to avoid duplication and to utilize available resources (vi) Central role of prevention in measures against more effectively Notes (c) Women in the criminal justice system ( module 3) Report of the 4-15 Septembe (United Nations publication, (i Recognition of a universal definition of traf- No E96.IV. . I, resolution 1, annex Il, para ficking in human beings l12-130 (ii) Punishment, prevention and protection (inc- 2 Ibid, chap. 1, resolution 1, annex Il, para. 113 luding the protection of human rights) as the main d. resolution 1 annex II pillars of an effective strategy to combat trafficki 4 Mike Maguire, Rod Morgan and Robert Reiner,eds,The in human beings Oxford Handbook of Criminology, 2nd ed. (New York, Oxford University Press, 1997); Frances Heidensohn, Women and (iii) State intervention to involve the enforcement of Crime, 2nd ed (Basingstoke, Macmillan, 1996); and Nicole series of provisions that are not limited to penal Rafter, ed, Encyclopedia of Women and Crime(Phoenix, sanctions but also include com ryx Press, 2000) solutions, victim support measures, educational and s On female criminality, see Freda Adler, Sisters in Crime(New information programmes and awareness campaigns York, Houghton Mifflin, 1975); and Freda Adler and involving the m keeping in mind the pr Rita James Simon, The Criminology of Deviant Women blems confronting women in the criminal justice ( Boston, Houghton Mifflin, 197 system ee the reports of the Secretary-General on the situation of women as victims of crime(A/CONF. 121/16) and on the fair (iv) Provision of adequate cross-cultural training treatment of women by the criminal justice system emphasizing gender-sensitivity and human rights for (A/CONF. 121/17 and Corr. I and Add. 1) police, criminal justice officials, practitioners and crime and justice(A/CONF. 121/7) and the report ofthe See the working paper prepared by the Secretariat on yout professionals involved in the criminal justice system in order to ensure that they understand the unaccep- Secretary-General on research in juvenile delinquency tability of violence against women in any form, its impact and its consequences; A. Viccica, Development and promotion of an international (v) Development of enforceable standards of prac tice and conduct on the part of criminal justice prac- titioners that promote justice and equality under the See the report of the Secretary-General on the draft plan of aw and an adequate response to the problem of action on the elimination of violence against women E/CN. 15/1996/11 and Corr. 1), the report of the Secretary violence against women General on measures to prevent trafficking in children (d) Research and policy issues(module 4) E/CN. 15/1997/12)and the report of the Secretary-General on he elimination of violence against women(A/54/69- (i) Advancement of gender-sensitive research with emphasis on womens questions, including research 0 See V. Ruggiero, "Trafficking in human beings", International capable of having an impact on policies regarding the Journal of the Sociology of La, vol 25, 1997, Pp. 231-244 status of women (ii) Development of a gender-desegregated data- resolution 1, annex Il, para. 130(e) base and the conduct of surveys on the global natureSee also the recommendations of the World Congress against of violence against women and the evaluation of Commercial Sexual Exploitation of Children, held in best practices for prevention and control of such Stockholm from 27 to 31 August 1996(A/51/385, annex) violence Office for Democratic Institutions and Human Rights Trafficking in human beings: implications for the OSCE background paper 1999/3

A/CONF.187/12 10 1 Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap.I, resolution 1, annex II, paras. 44 and 112-130. 2 Ibid., chap. I, resolution 1, annex II, para. 113. 3 Ibid., resolution 1, annex II. 4 Mike Maguire, Rod Morgan and Robert Reiner, eds., The Oxford Handbook of Criminology, 2nd ed. (New York, Oxford University Press, 1997); Frances Heidensohn, Women and Crime, 2nd ed. (Basingstoke, Macmillan, 1996); and Nicole Rafter, ed., Encyclopedia of Women and Crime (Phoenix, Oryx Press, 2000). 5 On female criminality, see Freda Adler, Sisters in Crime (New York, Houghton Mifflin, 1975); and Freda Adler and Rita James Simon, The Criminology of Deviant Women (Boston, Houghton Mifflin, 1979). 6 See the reports of the Secretary-General on the situation of women as victims of crime (A/CONF.121/16) and on the fair treatment of women by the criminal justice system (A/CONF.121/17 and Corr.1 and Add.1). 7 See the working paper prepared by the Secretariat on youth, crime and justice (A/CONF.121/7) and the report of the Secretary-General on research in juvenile delinquency (A/CONF.121/11). 8 A. Viccica, “Development and promotion of an international notion of juvenile justice”, Nordic Journal of International Law, vol. 3, No. 2 (1985). 9 See the report of the Secretary-General on the draft plan of action on the elimination of violence against women (E/CN.15/1996/11 and Corr.1), the report of the SecretaryGeneral on measures to prevent trafficking in children (E/CN.15/1997/12) and the report of the Secretary-General on the elimination of violence against women (A/54/69- E/1999/8). 10 See V. Ruggiero, “Trafficking in human beings”, International Journal of the Sociology of Law, vol. 25, 1997, pp. 231-244. 11 Report of the Fourth World Conference on Women ..., chap. I, resolution 1, annex II, para. 130 (e). 12 See also the recommendations of the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996 (A/51/385, annex). 13 Office for Democratic Institutions and Human Rights, “Trafficking in human beings: implications for the OSCE”, background paper 1999/3. fundamental rights of women and girls who are victimized; and provision of the requisite support, protection and fair treatment in justice processes; (vi) Central role of prevention in measures against victimization; (c) Women in the criminal justice system (module 3): (i) Recognition of a universal definition of trafficking in human beings; (ii) Punishment, prevention and protection (including the protection of human rights) as the main pillars of an effective strategy to combat trafficking in human beings; (iii) State intervention to involve the enforcement of a series of provisions that are not limited to penal sanctions but also include compensatory and civil solutions, victim support measures, educational and information programmes and awareness campaigns involving the mass media, keeping in mind the problems confronting women in the criminal justice system; (iv) Provision of adequate cross-cultural training emphasizing gender-sensitivity and human rights for police, criminal justice officials, practitioners and professionals involved in the criminal justice system in order to ensure that they understand the unacceptability of violence against women in any form, its impact and its consequences; (v) Development of enforceable standards of practice and conduct on the part of criminal justice practitioners that promote justice and equality under the law and an adequate response to the problem of violence against women; (d) Research and policy issues (module 4): (i) Advancement of gender-sensitive research with emphasis on women’s questions, including research capable of having an impact on policies regarding the status of women; (ii) Development of a gender-desegregated database and the conduct of surveys on the global nature of violence against women and the evaluation of best practices for prevention and control of such violence; (iii) Planning for technical cooperation, taking into account similar efforts that are existing or planned at the international and national levels, in order to avoid duplication and to utilize available resources more effectively. Notes

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