A/HRC/41/46
and human rights-based approach that empowers victims of trafficking in persons and
respects fully their human rights”.17
13.
Specifically, restitution includes several features relevant to social inclusion, such as
“enjoyment of human rights and family life, including reunification and contact with family
members”,18 “recognition of the victim’s legal identity and citizenship”,19 “restoration of
the victim’s employment”20 and “assistance and support to facilitate social integration or
reintegration of repatriated victims”.21 Compensation includes, as appropriate,
“reimbursement of costs incurred for legal or expert assistance; medicine and medical
services; physical, social, psychological or psychiatric treatment or services; or any
occupational therapy or rehabilitation required by the victim”.22 Furthermore, guarantees of
non-repetition include, where applicable, “safe return, temporary or permanent residence
status where applicable, and integration support”,23 “addressing the root causes of
trafficking”24 and “protecting legal, medical, health-care and other related professionals and
human rights defenders who assist victims of trafficking in persons”.25 Indeed, ensuring
guarantees of non-repetition includes a strong preventive component, requiring States to
address root causes of trafficking in persons, and of retrafficking.26 This requires, among
other things, addressing deep structural causes of gender inequality and discrimination
which remain leading drivers accounting for the disproportionate number of women and
girls as victims of trafficking.
14.
State obligations in the field of prevention also extend to potential victims of
trafficking, and in this regard some promising practices have been registered. For instance,
in 2017, the Government of Slovenia adopted its 2017–2021 National Programme of
Measures for Roma, which is aimed at promoting social integration and reducing the social
exclusion of members of the Roma community. The programme includes measures relevant
to the prevention of human trafficking, such as empowerment measures for Roma girls and
boys, programmes to prevent child, early and forced marriages, the preparation of a
protocol for competent institutions on how to deal with these phenomena, and training of
social workers on how to deal with children absconding to harmful environments. In the
same vein, in Greece, the Ministry of Labour, Social Security and Social Solidarity has
recently appointed a Special Secretary for the Social Inclusion of the Roma People, which
pursues a similar objective.
15.
Some States have developed promising legislation and policies on social inclusion
of trafficked persons, including in relation to the right to effective remedy. In Italy, since
1998, Law No. 286/1998 has provided trafficked persons with residence permits and social
protection for six months, with the residence permit renewable for one year and convertible
to a residence permit for work (art. 18). At the level of the European Union, a special
adviser to the President of the European Commission for compensation for victims of crime,
including victims of trafficking, was appointed in 2017. In Paraguay, an inter-institutional
consultative body coordinates anti-trafficking actions developed by the State, which include
long-term assistance for victims. In Sri Lanka, the Commissioner General of Rehabilitation
handles the rehabilitation and reintegration of child soldiers. Implementation of such
policies should be coupled with a monitoring and evaluation phase, carried out in
cooperation with civil society organizations.
17
18
19
20
21
22
23
24
25
26
6
Ibid., para. 5.
A/69/269, para. 9.
Ibid., para. 9 (e).
Ibid., para. 9 (f).
Ibid., para. 9 (g).
Ibid., para. 10 (g).
Ibid., para. 17 (b).
Ibid., para. 17 (f).
Ibid., para. 17 (h).
Submission to the Special Rapporteur from Duke University. See also A/HRC/31/58, para. 20; and
A/70/438, paras. 5 and 8–9. Regarding social integration or social reconciliation in transitional justice,
see A/HRC/36/50, paras. 31 and 72; and A/70/438, paras. 19 and 57.
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