A/HRC/44/45
sexual and domestic violence, and discrimination in access to resources, education and
job opportunities;
(j)
Address the specific vulnerabilities of children, including by promoting
education and preventing and combating child labour;
(k)
Include, in a context of conflict, anti-trafficking measures in early
warning and life-saving activities, and in peace agreements, and measures for the
prevention and protection of trafficked persons and people at risk of being trafficked,
especially women and children, in post-conflict reconstruction, in consultation with
women’s organizations;
(l)
Take action to ensure that trafficking is linked to the six grave violations
and abuses against children that should be considered as grounds on which to bar
countries that are repeatedly listed in the Secretary-General’s reports on children and
armed conflicts as being involved in such violations from contributing troops to
United Nations operations;
(m) Ensure full coordination among the anti-trafficking, women and peace
and security and conflict-related sexual violence agendas in ways that centre on
human rights and women’s agency.
Protection of and assistance to trafficked persons, including victims’ rights in criminal
proceedings, and the non-punishment principle
66.
Trafficked persons should not be detained, charged or prosecuted for the
illegality of their entry into or residence in countries of transit or destination, or for
their involvement in unlawful activities to the extent that such involvement is a direct
consequence of their being trafficked. When there are indications of such a nexus,
criminal proceedings against them should not be initiated, or should be terminated at
an early stage or otherwise as soon as such indications are detected. When, despite
such indications, criminal proceedings against trafficked persons resulted in a
conviction, their criminal records should be vacated.
67.
States should provide early support and assistance to trafficked persons and
people at risk of being trafficked in a way that is non-discriminatory, culturally
appropriate and gender and child-sensitive, and not conditional on the initiation of
criminal proceedings, and/or the legal qualification of the crime as trafficking and/or
the contribution made by the victim to any investigation or prosecution.
68.
States should provide early support and assistance to trafficked persons and
people at risk of being trafficked, including by establishing dedicated and
standardized procedures for the identification of indicators of migrants’
vulnerabilities, including to trafficking and exploitation, referral to appropriate
protection mechanisms, especially in places of first arrival of migrants and asylum
seekers, and provide protection from further harm, based on a multidisciplinary team
approach that is in line with the Global Compact for Safe, Orderly and Regular
Migration, and the Global Migration Group’s Principles and Guidelines, Supported
by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable
Situations.
69.
Early support for trafficked persons should be individually tailored and should
include, at a minimum, appropriate and secure accommodation, psychological and
material assistance, access to health-care, translation and interpretation services,
counselling and information, access to education for children, vocational and
professional training and, if appropriate, access to formal education for adults. States
should ensure that support measures include providing alternative employment, in
cooperation with trade unions, civil society organizations and the private sector.
70.
States should integrate the referral of victims and potential victims of
trafficking into asylum procedures, including in the context of accelerated procedures,
and enable, including by appropriate training, the competent authorities to identify
indicators of trafficking and refer those concerned to appropriate services. States
should train the competent authorities to identify the indicators of trafficking and risk
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