A/HRC/41/46 III. Conclusions 60. Promoting social inclusion of trafficked persons is an integral part of States’ obligations, as it is rooted in the due diligence principle, and is linked with the right of victims of trafficking to effective remedy. The use of the term “social inclusion” instead of “reintegration” or “rehabilitation” is aimed at underscoring that social inclusion is not limited to reintegration after return or repatriation, and is not affected by a moralistic approach to sexual exploitation. The term “social inclusion” is the opposite of social exclusion – the latter being one of the main root causes of trafficking – and indicates the objective of survivors’ full participation in society. At the same time, it conveys the idea of a process, requiring innovative and transformative projects and activities such as skills acquisition, labour market opportunities mapping and job creation. Social inclusion should be taken into consideration by State authorities as the ultimate goal of the whole anti-trafficking action, when designing and implementing protection measures for trafficked persons, which should not be limited to short-term assistance but rather should be aimed at achieving long-term viable solutions for survivors of trafficking. 61. Regaining physical and psychological integrity, self-esteem and independence, for people who have been subjected to serious human rights violations, is a long road. This is all the more true for trafficked persons, who have often faced physical and psychological violence, long-term social isolation, emotional distress, and deprivation of liberty and self-determination. However, existing protection measures in most countries are not consistent with the objective of promoting trafficked persons’ social inclusion. Most States provide trafficking victims with services that not only are designed for short-term assistance but also are conditional upon victims’ cooperation with the criminal justice system. On the contrary, from a human rights standpoint, and with a view to promoting social inclusion, services and residence status should be not only non-conditional, but also should be disconnected from the very existence of criminal proceedings, as trafficked persons are entitled to effective remedies regardless of whether perpetrators have been prosecuted or punished. 62. Structural challenges, such as restrictive and xenophobic migration policies, discriminatory laws and policies, poorly financed social protection services and inadequate resources allocated for long-term solutions can severely hamper longlasting and sustainable social inclusion measures. Lack of identification of trafficked persons at an early stage, including in transit countries and in places of first arrival of mixed migration flows, are among the major challenges highlighted by practitioners in the field. 63. The Special Rapporteur is convinced that long-term measures aimed at empowering survivors and enabling them to live independently in a safe environment can be effective in preventing their further victimization and serve to prevent trafficking and retrafficking. Solutions need to be gender-sensitive, child rights-based and individually designed, not affected by traditional gender roles, based on survivors’ needs and aspirations, and receive dedicated government funding. Active and informed participation and empowerment of survivors is of paramount importance. Cooperation with the private sector should be more actively explored and be implemented effectively. Private sector grievance mechanisms should be able to provide trafficked persons with ad hoc responses specifically tailored to each of the workers’ situation and needs. 64. To ensure social inclusion of trafficked persons, States have an obligation to take effective measures to eradicate discrimination and xenophobia, and to reduce social stigma linked with their association with prostitution and/or with the failure of their migration project. Moreover, trafficked persons should not be detained, charged or prosecuted for their irregular entry or stay in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons. States must provide them with residence status potentially leading to their regularization in the country, and 17

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