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
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