All human beings, by the mere fact of being human, enjoy human rights, and the State is obligated to protect and guarantee them. Among these rights are the right to human dignity, the right to personal integrity and security, the right to privacy, the right to free development of personality, the right to full reparation of harm, among others.
Human trafficking is a crime that deprives victims of their dignity, integrity, security, and privacy, among other rights. Traffickers, through threats, deception, coercion, or by exploiting a vulnerable situation, prey on children, adolescents, women, men, pregnant women, people with injuries or illnesses, foreigners, and in general, any human being, for the purpose of prostitution, slavery, forced labor, begging, among others.
Human trafficking is a crime that affects millions of people worldwide. It occurs both within countries and across borders, with victims being recruited, exploited, and trafficked either within their own countries or transported to other nations or continents. This is why States, both collectively and individually, have taken actions to prevent, combat, and punish this crime, as well as to provide protection and assistance to the victims.
There are international instruments such as conventions and protocols related to human trafficking and related crimes, some of which have been ratified by the Mexican State.
In 2000, the United Nations Convention against Transnational Organized Crime was signed in Palermo, Italy, from which the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) emerged.
In 2003, Mexico ratified the Palermo Protocol, which defines human trafficking as follows:
Article 3(a): Human trafficking shall mean the recruitment, transportation, transfer, harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude, or the removal of organs.
In 2007, Mexico enacted and published the Law to Prevent and Punish Human Trafficking.
Rights of Human Trafficking Victims
Human trafficking victims have the right to:
- Receive legal counsel.
- Assist the Public Prosecutor.
- Receive adequate shelter until they are fully recovered and reintegrated into society, when necessary.
- Receive quality medical care, access to education, training, and employment opportunities until full recovery and reintegration.
- Receive urgent physical, psychological, and social care until full recovery and rehabilitation.
- Full reparation of harm.
- Have their identity and personal data protected.
- Request protective measures for the restoration of their rights.
- Challenge judicially the omissions of the Public Prosecutor in investigating crimes, as well as the resolutions of dismissal, non-prosecution, withdrawal of criminal action, or suspension of proceedings when the harm has not been fully repaired.
If you have been a victim of this crime, do not hesitate to contact me, Attorney Jorge Fernández, for legal advice in criminal matters.
