A/HRC/14/32 special measures for children. These include measures to reduce children’s vulnerability to trafficking, notably by creating a protective environment for them, and also on the identification and representation of child victims, on the protection of the private life and identity of child victims, on the issue of residence permits for child victims in accordance with the best interests of the child, and on non-return of child victims to a State if there is any indication that return would not be in the best interests of the child. Furthermore, repatriation programmes for child victims should include enjoyment of the right to education and measures to secure adequate care or reception by the family or appropriate care arrangements. One of the aggravating circumstances to be considered when determining the penalty for the offence of trafficking is when the offence is committed against children. Special protection measures are afforded to child victims during and after investigation and prosecution. Lastly, during court proceedings special care should be taken of children’s needs and their right to special protection measures. 95. Finally, in her 2009 annual report, the OSCE Special Representative makes the protection of children from trafficking her first priority. She posits the process of best interest determination5 as a central tool in ensuring that all aspects of the child’s situation are considered, insisting that this process must especially be made a prerequisite before a child is returned or repatriated. 2. Main challenges 96. Cooperation efforts at the regional level have been successful in a number of areas and have demonstrated the added value of tackling anti-trafficking problems from both collective and local perspectives. However, many challenges still lie ahead and would require to be addressed by regional mechanisms. Victim-centred and human rights-based approach 97. In some regions, cooperation efforts are mainly focused on investigating and prosecuting trafficking crimes. While this is welcome, efforts should be made to prioritize protection and assistance to victims. Efforts oriented at adopting new criminal laws and enhancing cross-border judicial cooperation to prosecute traffickers are necessary but not sufficient in themselves. Adopting a human rights-based approach to combating trafficking allows countries to tackle this phenomenon in a comprehensive and effective way,6 putting the rights of the victims at the centre of the process in accordance with international human rights law. A human rights-based approach also allows for effective prosecution of traffickers, putting the emphasis on the right to effective remedy for the victim. The right to access effective legal remedies and the right to compensation for victims of trafficking have received attention only from a few regional and subregional mechanisms. Gender perspective and the situation of men 98. In addition to addressing the particular risks faced by women and children, a genderbased approach also requires all stakeholders to consider the specific situation of men. Gender misconceptions often lead authorities not to consider men as possible victims of trafficking. As a consequence, men as victims of trafficking tend to be discriminated against in access to protection and assistance. This is reflected in the fact that a number of regional cooperation initiatives only cover trafficking in women and children, while trafficking in men and boys is not addressed. 5 6 18 For a comprehensive explanation of this process, see the UNHCR Guidelines on Determining the Best Interests of the Child, May 2008. See the OHCHR Guidelines. GE.10-13211