A/HRC/44/45
of retrafficking or reprisals from traffickers as grounds to grant international
protection, in line with Guidelines on International Protection No. 7 of the Office of
the United Nations High Commissioner for Refugees.
71.
States should ensure that the risks of trafficking and retrafficking are
adequately evaluated when a decision is made on return and that no person,
regardless of their status, is returned to a place where there are grounds to believe
that they would be at risk of being subject to torture or other cruel, inhuman or
degrading treatment or punishment, or other serious human rights violations,
including trafficking.
72.
Children, especially unaccompanied and separated children, should be
promptly identified, registered and referred to child protection systems. States should
ensure that identification procedures are proactive and take into account age, gender
and maturity, in line with the Convention on the Rights of the Child and the general
comments thereon. In case of doubt when carrying out a child-sensitive age
assessment, the person concerned should be considered a child.
73.
States should establish dedicated shelters for women, in cooperation with civil
society organizations, based on meaningful relationships among women as a means to
ensure that trafficked women and girls recover from their traumas, rebuild their selfesteem, regain control of their lives, and be empowered in order to undertake a
process of social inclusion.
74.
States should establish shelters for men victims of trafficking for any forms of
exploitation. Moreover, States should explore, for women and men, the possibilities of
alternative independent accommodation.
75.
Civil society organizations and private individuals should not be criminalized
for acting in solidarity with migrants, including trafficked persons.
76.
States and competent law enforcement and judicial authorities should uphold
victims’ rights in criminal and other legal proceedings, by ensuring their right to
safety (including as a witness) and that of family members, the right to be heard, the
right to be informed in a language that they understand of their legal rights, including
their right to have access to remedies, the remedies available and the procedures to
obtain them, the right to access justice in a non-discriminatory manner, the right to
fair trial guarantees and the right to legal assistance and representation. Such rights
should be effectively implemented, taking into account age, gender and the specific
needs of victims and avoiding secondary victimization in victims’ interaction with law
enforcement and judicial authorities.
Social inclusion of trafficked persons and survivors, including through judicial and
non-judicial remedies
77.
States should:
(a)
Exercise due diligence to promote social inclusion of trafficked persons
as an integral part of the due diligence obligations of States and the right of trafficked
persons to an effective remedy;
(b)
Adopt, revise and implement legislation and policies in order to ensure
that survivors’ right to remedy, including compensation, is not conditional upon
victims’ cooperation in criminal proceedings, upon the initiation or the outcome of
criminal proceedings or upon the possession of legal residence status, paying special
attention to child victims of trafficking;
(c)
Eradicate stigma, gender-based discrimination, xenophobia and racism,
ensure that social inclusion is not hampered by restrictive migration policies and that
no decision on return or repatriation is adopted without a previous assessment of the
level of integration of that person in the country and of the risk of retrafficking in the
event of return or repatriation, in line with the Global Compact for Safe, Orderly and
Regular Migration;
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