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 asA/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, discrimina￾tory criminal violence against and the exploitation of women and girls. The growing threat posed by trans￾national 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 Con￾ference 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