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Strengthening Prevention of Conflict-related Sexual Violence and Trafficking in Human Beings: Saving the Potential of the Women, Peace and Security Agenda with the Human Rights-Based Approach

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The Women, Peace and Security (WPS) Resolutions of the United Nations Security Council are an essential part of the international framework to prevent conflict-related sexual violence (CRSV) and trafficking in human beings (THB). However, the WPS Resolutions' potential is not fully realized, as they are not sufficiently implemented by States. This article argues that the struggles with the implementation of the WPS Resolutions are substantially caused by the unresolved uncertainties about their legal status, their scope of applicability and the mechanisms of their implementation. It is discussed that a human rights-based approach to the WPS Resolutions can resolve these ambiguities, thus save the potential of the WPS Resolutions to strengthen prevention of CRSV and THB. Building on the concept of positive correlation between peace and realization of women's rights, the article defends the view that States' obligations included in the WPS Resolutions are binding and applicable in peacetime, as they overlap with the obligations established by international human rights treaties. These findings give ground to the further argument that implementation of the WPS Resolutions can and should be enhanced through the mechanisms of the UN Human Rights System as well as through the increased involvement of civil society organizations.

Document Type: Research Article

Publication date: February 1, 2019

More about this publication?
  • The Journal of Trafficking and Human Exploitation (JHTE) serves as a forum to discuss and debate the legal and policy issues involving prevention, intervention, investigations, prosecution, individual, state and corporate responsibility, and the actual codified offenses, their application in practice, subsequent judicial interpretation and any ramifications emanating therefrom. As the mass perpetration of trafficking and human exploitation only appears to continue, the need to research, understand and clarify these laws and their use in practice is paramount.

    The JTHE is primarily concerned with publishing high quality legal articles and significant case notes from domestic, regional and international jurisdictions. However, this journal will also consider interdisciplinary submissions and book reviews.

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