A/HRC/44/45 44. Additional forms of the right to remedy that are particularly important for trafficking victims include physical and psychological care, including as a form of rehabilitation and recovery, especially given that trafficking exposes victims to an array of health problems, 58 including serious, long-lasting and hard to detect psychological and physical effects.59 An additional element of restitution is the restoration of employment 60 and damages for lost opportunities, including employment, education and social benefits. 61 Such access to employment-related remedies is highly relevant in the trafficking context. 62 The guarantee of non-repetition, which aims to combat impunity and prevent future violations and which may take the form of criminal prosecution, protection of victims and addressing the root causes of trafficking,63 is also an essential element of the right to remedy. 45. Stigma associated with trafficking has been identified as a major obstacle to social inclusion. The Special Rapporteur has highlighted the importance of engaging directly with survivors, through an inclusive and participatory process, in the design, implementation and evaluation phases. Guaranteeing the safety and stability of trafficked persons also includes providing them with access to asylum or residence status, ensuring their right to family reunification if they so wish, guaranteeing them access to long-term medical services and safe and affordable accommodation and including them in recreational activities. Supporting the economic empowerment of survivors, by promoting skill acquisition, including through formal education, professional and vocational training and by facilitating their access to the labour market and microcredit, is also paramount in ensuring their social inclusion in the long term and preventing retrafficking. 46. The Special Rapporteur has also extensively explored the issue of access to remedy for victims of trafficking for abuses committed by businesses and their suppliers, particularly by reflecting on the concept of a continuum of exploitation of vulnerable workers in today’s economy. In this context, trafficking, as an expression of one of the most egregious violations at the workplace, is one extreme in a continuum of a series of labour abuses, such as delayed payment of wages, excessive overtime, non-paid holidays or the payment of recruitment fees to intermediaries. However, resorting to complaint procedures, whether they are State-based or not, often results in the loss of jobs for workers and uncertain results regarding recovering wages and other payments due. 47. The Special Rapporteur has also explored the importance of recourse to alternative remedies other than criminal proceedings, such as through civil and labour courts, which are often the only way of securing any compensation for victims of trafficking for labour exploitation in business operations and supply chains, although their procedures might be inappropriate for dealing with severe forms of exploitation. In the event of a lack of adequate and accessible judicial mechanisms, non-judicial mechanisms, such as procedures established by labour inspectorates, national human rights institutions and ombudspersons, trade unions and other labour mediation mechanisms, should also be explored. 58 59 60 61 62 63 12 A/HRC/41/46, para. 43. Jenna Hennebry, Will Grass and Janet Mclaughlin, Women Migrant Workers’ Journey through the Margins: Labour, Migration and Trafficking (New York, United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), 2016), p. 77. Basic principles on the right to an effective remedy for victims of trafficking in persons, para. 9 (f). Ibid., para. 11 (b). See also International Organization for Migration, IOM Handbook Protection and Assistance for Migrants Vulnerable to Violence, Exploitation and Abuse (Geneva, 2018), p. 84, which states that vulnerable migrants should be able to obtain legal remedies, such as reparation payments, or other compensation, such as repayment of legal fees or unpaid wages. Pursuant to article 6 (3) (d) of the Trafficking in Persons Protocol, each State party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of employment, educational and training opportunities. Recommended Principles and Guidelines on Human Rights and Human Trafficking, principles 4, 5 and 12–16; basic principles on the right to an effective remedy for victims of trafficking in persons, para. 17; A/HRC/41/46, para. 13.