CEDAW/C/GC/38 I. Introduction 1. Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women sets out the legal obligation of States parties to take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women. Despite the plethora of existing legal and policy frameworks to combat trafficking at the natio nal, regional and international levels, women and girls continue to comprise the majority of detected victims of trafficking across the world, and perpetrators enjoy widespread impunity. 2. In the view of the Committee, the situation persists due to a lack of appreciation of the gender dimensions of trafficking overall and, in particular, of the trafficking of women and girls who are exposed to various types of exploitation, including sexual exploitation. A gender analysis of the crime reveals that its root causes lie in sexbased discrimination, including the failure to address the prevailing economic and patriarchal structures and the adverse and gender-differentiated impact of the labour, migration and asylum regimes of States parties that create the situ ations of vulnerability leading to women and girls being trafficked. 3. Globally dominant economic policies further exacerbate large -scale economic inequality between States and between individuals, which manifests as labour exploitation, including denial by corporations, public procurement officials and employers of an obligation to ensure that there are no trafficked persons in their supply or production chains. Globalized macroeconomic and political factors, including the privatization of public goods, deregulated labour markets, the shrinking of the welfare State, and austerity measures forming part of structural adjustment policies and as an aid conditionality, often exacerbate unemployment and poverty and produce economic injustices that have a disproportionate impact on women. Often accompanied by other economic policies, such as reduction in government spending on social services and the privatization of public goods and services, regressive tax shifts and labour market reforms all severely hamper Sta tes’ abilities to implement social policies that form the basis for dismantling structural inequalities, including gender inequalities and violations of women’s human rights in various spheres. Reduced social expenditure further shifts the responsibilities for basic social services from the Government to women. Those factors reinforce, and are perpetuated by, discriminatory cultural and social norms that engender the oppression of various groups of women. II. Objectives and scope 4. Mandated under article 21 of the Convention to develop general recommendations with the aim of clarifying the obligation of States parties to combat discrimination against women and girls, the Committee advances that a life free from being trafficked must be recognized as a human right and appropriate conditions must be created for that right to be fully enjoyed by women and girls. States parties must pursue all appropriate means to eradicate trafficking and exploitation of prostitution to ensure that laws, systems, regulations and funding are in place to make the realization of that right effective, rather than illusory. The provisions of the Convention are mutually reinforcing so as to provide complete protection. The present general recommendation links article 6 of the Convention with all other articles of the Convention and the existing jurisprudence of the Committee. 5. The present general recommendation contextualizes the implementation of the obligations of States parties to combat all forms of trafficking, as stipu lated in article 6 of the Convention, in the context of global migration. Pathways of trafficking 2/24 20-15666

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