A/HRC/41/46 returned. It was reported that, in particular, people returning to non-European countries experienced a “cultural clash”, as they felt they no longer belonged to their country of origin and were ready to be retrafficked in an attempt to fulfil their wish to migrate. 21. Moreover, for those forcibly or voluntarily returning to their country of origin, viable long-term social inclusion options are limited, due to various factors, including unemployment, poor labour market regulations, or austerity measures that result in underfunded, underprioritized or underdeveloped social services. Furthermore, options in many countries are limited by a variety of laws or practices that discriminate on the basis of gender, nationality or other status. A major and underestimated challenge concerns children born out of rape as a result of trafficking. For instance, it was reported that Yazidi women subjected to sexual enslavement by Islamic State in Iraq and the Levant (ISIL) could not register their babies born as a result of rape, because Iraqi law only allows for children to be registered under the name of the father. Since the father would in most cases be an ISIL member, in accordance with Iraqi law, registered children would automatically become Muslim, with no consideration of the mother’s faith. As a result, Yazidi women survivors refuse to register their children, which results in most children becoming stateless and having no access to fundamental rights. In the Middle East, non-governmental organizations (NGOs) have reported considerable challenges in registering the births of migrant children, due to the absence of pathways to legal residency or citizenship. 22. Legislation can also severely affect the possibility for trafficked persons to access remedies: for instance, in some countries, migrants’ work permits are tied to a single employer, with no possibility for workers to change their employer without his or her permission, to report their employer or to claim compensation, without running the risk of falling foul of the law or being otherwise penalized – including through administrative detention – for having become undocumented migrants. Therefore, the Special Rapporteur advocates for the abolition of the kafalah system. 23. Other structural challenges relate to a lack of financial resources devoted by the State to long-term services, and to the viability and sustainability, in general, of support programmes, as well as to the lack of monitoring and evaluation in the long term. Ensuring survivors’ empowerment and agency through their meaningful participation: a central element for trafficked persons’ social inclusion 2. 24. The successful and sustainable social inclusion of trafficked persons requires that their needs be carefully and individually assessed at various stages of their recovery. It requires intensive and individualized planning, as some trafficked persons will require more services, support or time than others. The Special Rapporteur is mindful that this individualized approach may be difficult to implement for States. In order to overcome the challenges that it entails and ensure a safe and dignified social inclusion into societies, the Special Rapporteur believes that it is key to engage directly with survivors through an inclusive and participatory process, in the design, implementation and evaluation phases of interventions. Experience shows that peer-to-peer groups led by feminist organizations have been instrumental in victims’ recovery. In particular, the feminist practice of meaningful relationships among women, including survivors, has been, in many cases, a driving factor in trafficked women and girls being able to achieve self-esteem and empowerment and subsequently being able to enjoy free, equal and respectful personal relationships, despite the trauma borne during their exploitation. 29 In some countries, such as Nepal and Thailand, trafficked women have established self-organized groups and have become key actors in anti-trafficking work.30 25. Participation by survivors also plays a decisive role in benchmarking, monitoring and measuring social inclusion progress. Furthermore, survivors’ participation in decisionmaking can stimulate their agency and ensure a victim-centred approach to social inclusion policies, based on what they want for themselves. During the expert consultations, the Special Rapporteur was impressed by the work of Aaprabasi Mahila Kamdar Samuha 29 30 8 Submission to the Special Rapporteur from BeFree. See, for example, Shakti Samuha, in Nepal, and Live Our Lives Group, in Thailand.