1. "States Parties shall take or strengthen measures"
When "shall" is used, it indicates a mandatory obligation. "Shall" imposes
an imperative to take or strengthen measures. If the drafters intended for the
requirement to "take or strengthen measures" was optional, then "should,"may," or similar non-obligatory language would have been used.
What is the ordinary meaning of "take or strengthen measures"? The
Black's Law Dictionary defines "measures" as: "[c]alculated actions taken to
remedy a situation or condition. For example, a company takes appropriate
measures to spur its growth by borrowing money from a bank to fund its
strategy."53
Therefore, the States Parties have a mandatory obligation to take calculated
actions to remedy a situation or condition. This is a positive and mandatory
obligation on all States Parties. The provisions require States Parties to "take or
strengthen," meaning that every state, regardless of the efforts currently in place,
is still required to do more to strengthen their measures. The situation or
condition that States Parties must take calculated action to remedy is: "the factors
that make persons, especially women and children, vulnerable to trafficking.
1. "States Parties shall take or strengthen measures"When "shall" is used, it indicates a mandatory obligation. "Shall" imposesan imperative to take or strengthen measures. If the drafters intended for therequirement to "take or strengthen measures" was optional, then "should,"may," or similar non-obligatory language would have been used.What is the ordinary meaning of "take or strengthen measures"? TheBlack's Law Dictionary defines "measures" as: "[c]alculated actions taken toremedy a situation or condition. For example, a company takes appropriatemeasures to spur its growth by borrowing money from a bank to fund itsstrategy."53Therefore, the States Parties have a mandatory obligation to take calculatedactions to remedy a situation or condition. This is a positive and mandatoryobligation on all States Parties. The provisions require States Parties to "take orstrengthen," meaning that every state, regardless of the efforts currently in place,is still required to do more to strengthen their measures. The situation orcondition that States Parties must take calculated action to remedy is: "the factorsthat make persons, especially women and children, vulnerable to trafficking.
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