A/HRC/44/45
7.
In addition, anti-trafficking action often produces further violations of trafficked
persons’ rights. No other victims of crime are subjected to such restrictive measures for
their own protection. Actually, in a number of countries, trafficked persons are detained in
so-called closed shelters. In addition, generally speaking, trafficked persons, when they are
identified as such, are often deprived of their agency, and subjected to “protection”
measures inspired by a paternalistic or even authoritarian approach. Such a situation reflects
a persisting ambiguity in the status of trafficked persons, who are often treated as criminals,
although they are victims of one of the most serious crimes, which could even amount –
under certain conditions – to a crime against humanity. Therefore, a true shift is needed in
the prevention of and the fight against trafficking, which should be genuinely inspired by a
human rights agenda. For this purpose, the Special Rapporteur believes that new
approaches should be urgently explored by Member States and the international
community.
8.
First, the goal of preventing and combating trafficking in persons should be one of
the criteria used to evaluate national migration policies and design profound changes. Early
support for trafficked persons requires preventative action aimed at ensuring that every
single migrant has an opportunity to meet a social worker in a friendly environment, tell his
or her stories and express his or her hopes, aspirations and concerns. In such a way, it will
be possible to identify indications of trafficking and vulnerabilities to trafficking in mixed
migration movements.
9.
Second, anti-trafficking policies should be designed, and adequately funded, to work
on a much larger scale, and carried out in close cooperation with trade unions, civil society
organizations and the private sector, including in countries in which exploitation takes place
as a result of violations occurring in the supply chains. Any determination about the social
protection of the person concerned should be made by multidisciplinary teams, and not by
law enforcement and/or immigration authorities alone, and based on grounds of personal or
social vulnerabilities. Asylum procedures should be fully integrated with procedures aimed
at identifying migrants’ vulnerabilities, including to trafficking, with a view to facilitating
their referral to services when indications of trafficking or vulnerabilities to trafficking have
been identified during the asylum procedures. The referral to the anti-trafficking system
must be without prejudice to the person’s right to obtain refugee status, when grounds for
both kinds of protection have been found, or when trafficking itself has been identified as a
ground for asylum or other forms of international protection.
10.
Third, assistance and support measures should respect the rights of trafficked
persons and address their real needs in a tailored way, including regularization of their
residence status and alternatives for a regular and non-exploitative job. The nonpunishment principle should be correctly applied. Trafficked persons should not be
detained, charged or prosecuted for their involvement in unlawful activities to the extent
that such involvement is a direct consequence of their situation as trafficked persons.
Moreover, children’s administrative detention must be banned at all times, since it is never
in the best interests of the child. Victims’ rights in criminal proceedings must be fully
recognized and respected, including rights that are instrumental in ensuring that victims
claim and obtain remedies, including compensation. Especially regarding people who are
sexually exploited, including girls and boys, who are the least likely to get compensation,
their entitlements must not be overlooked as a result of biases, stigma and/or
discrimination.
11.
Fourth, assistance and support measures should aim to achieve full social inclusion
of survivors, which must be acknowledged by Member States as due diligence obligations
and should be integrated in the implementation of victims’ rights to effective remedies,
including compensation. In addition, this long-term perspective should inspire all assistance
and support measures in a transformative way, based on skill acquisition, formal education,
vocational training, job creation, prolonged tutoring and microcredits. No survivor should
be returned or maintained in the same situation of social vulnerability that caused his or her
victimization.
12.
In the present report, the Special Rapporteur takes stock of the extensive research
carried out during her six-year tenure, with a view to promoting innovative approaches. In
particular, she contributed to raising international concern about the issue of how conflict
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