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 3

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