A/HRC/41/46 abstain from administrative detention and deportation. Detention of children must always be banned. 65. States should also ensure trafficked persons’ family reunification if the trafficked person concerned so wishes, facilitate access to long-term medical services, safe and affordable accommodation, formal education, professional and vocational training and job opportunities, as well as recreational activities, and promote their economic empowerment in innovative and transformative ways. In most parts of the world, social inclusion of survivors of trafficking is – to use a phrase of civil society organizations – “still a dream”. However, innovative and transformative solutions highlighted in the present report show that it can – and should – become a reality everywhere. IV. Recommendations A. To Member States: 66. With regard to the legal and policy framework and related structural challenges to social inclusion: (a) Recognize that the social inclusion of trafficked persons into societies, be it in countries of origin, transit or destination, constitutes an integral part of States’ obligations under the due diligence standard and the right to effective remedy; (b) Adopt, revise and implement legislation and policies in order to ensure that survivors’ right to remedy, including compensation, is not conditional upon victims’ cooperation in criminal proceedings, upon the initiation or the outcome of criminal proceedings or upon the possession of legal residence status, paying special attention in this regard to child victims of trafficking; (c) Eradicate stigma, gender-based discrimination, xenophobia, racism and discrimination on any grounds, as major factors hampering trafficked persons’ social inclusion, especially in countries of transit and destination; (d) Ensure that social inclusion is not hampered by restrictive migration policies in countries of destination, and ensure that no decision on return or repatriation is adopted without a previous assessment of the level of integration of the person in the country and of the risk of retrafficking in case of return or repatriation, in line with the Global Compact for Safe, Orderly and Regular Migration; (e) Ensure that, in line with a human rights-based approach, trafficked persons are granted non-conditional residence permits, also taking into account humanitarian considerations; (f) Ensure that the competent asylum authorities are trained to identify indications of trafficking and to take them into due account as grounds for asylum or – where appropriate – subsidiary protection, and simultaneously ensure the referral of persons so identified to anti-trafficking services, with the consent of the person concerned; (g) Revise any legislation or policies hampering social inclusion, including policies tying workers to a single employer, or preventing equal access to long-term empowerment measures, especially in respect of trafficked women and girls and lesbian, gay, bisexual and transgender persons; and adopt appropriate policies to ensure the birth registration of children born out of rape as a result of trafficking; (h) Ensure that countries of origin, transit and destination envisage viable long-term measures aimed at social inclusion when designing anti-trafficking policies; (i) Provide appropriate funding and specialized staff for social protection services, including for specific services required for trafficked persons, and allocate adequate funding to civil society organizations implementing social inclusion projects; 18

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