A/HRC/41/46
temporary or permanent residence permits – as well as other social inclusion measures – are
often conditional upon victims’ cooperation with the criminal justice system and upon
formal identification as victims by law enforcement authorities. In this regard, existing nonconditional national systems provide examples of best practices to be replicated elsewhere.
Moreover, the pilot/temporary regulation currently in place in the Netherlands on the
plausibility of victimhood, which can facilitate – if there is no successful court case –
trafficked persons’ access to support and residence, is a promising practice.
39.
Some States are increasingly integrating anti-trafficking measures into asylum
procedures, by granting asylum or, where appropriate, subsidiary protection, to potential
victims who would face a risk of persecution, torture or other irreparable harm eventually
resulting in retrafficking if returned to their countries, and at the same time referring them
to anti-trafficking services, with the consent of the person concerned.
40.
The Special Rapporteur also shares the concern expressed by the Secretary-General
that even when trafficked persons have the right to receive temporary residence and work
permits, the processes are often lengthy and difficult to navigate, which impedes their
access to services.35 She also notes that the duration of residence permits can vary greatly
from one country to another but is generally too short.
Ensuring trafficked persons’ right to family reunification
(b)
41.
Another important challenge to social inclusion of trafficked persons relates to their
ability to reunite with their families, if they wish to do so. In Costa Rica, article 50 of Law
9095/2013 explicitly refers to family reintegration, community reintegration, education, and
work and economic reintegration of victims and their dependents, and can be used by
survivors to reunite with their family. In the United States of America, T visa holders have
the opportunity to obtain non-immigration status for certain family members in the form of
derivative T visas. 36 In Togo, trafficking victims returning forcibly or voluntarily to the
country receive support for their return, including in terms of family reunification.
42.
The Special Rapporteur acknowledges that victims of trafficking have, in some
cases, escaped from situations of violence and exploitation within their families and
communities and may not wish to return to the source of their trafficking cycle. Therefore,
trafficked persons’ right to reunite with their families must be implemented only if they
wish it to be. In that case, family reunification must be considered a central component of
their social inclusion in society.
Guaranteeing trafficked persons’ access to long-term medical services and safe and
affordable accommodation
(c)
43.
Physical, mental and emotional well-being is fundamental in order for survivors to
rebuild their lives. Trafficking exposes victims to an array of health problems. While shortterm psychosocial support and emergency medical care is provided to victims in most
countries, access to long-term and affordable medical care, especially as regards psychiatric
support, is missing almost everywhere. In addition, medical care is often linked to stay in a
shelter and is geared towards a specific type of victim, mostly women and girls trafficked
for sexual exploitation.37 International law requires that States provide trafficking victims
with the means necessary for their rehabilitation and recovery. These must include medical
and psychological care, as well as legal and social services, such as shelter, counselling,
health services and linguistic support.38 The Centre for Studies on Leadership and
35
36
37
38
12
A/73/263, para. 53.
A/HRC/35/37/Add.2, para. 65.
Roberto Forin and Claire Healy, Trafficking along Migration Routes to Europe: Bridging the Gap
between Migration, Asylum and Anti-Trafficking (International Centre for Migration Policy
Development, 2018); and Elena Petreska, “Reintegration of victims of trafficking in Bulgaria:
supporting social inclusion and economic empowerment” (International Centre for Migration Policy
Development policy brief, May 2018).
A/69/269, para. 13. See also Committee on Economic, Social and Cultural Rights, general comment
No. 23 (2016) on the right to just and favourable conditions of work, para. 50; Committee on the
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