A/HRC/7/3 page 20 phobias.74 It has been reported that the model programmes developed to provide assistance to victims of classic torture are often used by organizations that assure psychological and medical assistance for trafficked women.75 57. Regarding State duties in this context, in the case of Siliadin v. France, the European Court of Human Rights found that the State failed to live up to the positive obligation to have in place a criminal law system to prevent, prosecute and punish non-State actors involved in domestic slavery.76 States may also be held accountable for failing to provide appropriate protection to victims of human trafficking. In many instances trafficked women are not recognized as victims, often owing to the existence of “contracts” between them and their “employers”. The Special Rapporteur stresses that any initial consent becomes meaningless, once the element of powerlessness is fulfilled.77 He also recalls that in the case of Barar v. Sweden, the European Court of Human Rights held that the expulsion of a person to a State where he/she would be subjected to slavery or forced labour might raise issues under the obligation to prohibit torture.78 58. The Committee against Torture has recognized that human trafficking and torture are closely intertwined and has repeatedly commented on the need for legislation and other measures.79 3. Women in the refoulement or refugee context 59. The refoulement context sheds light on several key issues, notably the question of re-affiliation.80 There is no limit on where trauma stemming from past violation ends. 74 See for example, United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons (New York, 2006), p. 156. 75 Ibid. 76 European Court of Human Rights, case No. 73316/01, Siliadin v. France, 26 July 2005. 77 See article 3, paragraphs (b) and (c) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. 78 Barar v. Sweden, case No. 42367/98. Cases and Comment, European Human Rights Law Review, vol. 3 (1999), p. 330. 79 See concluding observations on the Russian Federation, CAT/C/RUS/CO/4; Togo, CAT/C/TGO/CO/1; Qatar, CAT/C/QAT/CO/1; Republic of Korea, CAT/C/KOR/CO/2; Tajikistan, CAT/C/TJK/CO/1; South Africa, CAT/C/ZAF/CO/1; and Austria, CAT/C/AUT/CO/3. 80 See also UNHCR Guidelines on International Protection No. 1: Gender-Related Persecution within the Context of Article 1A (2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees (HCR/GIP/02/01), available at http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3d36f1c64. See also UNHCR Guidelines on International Protection No. 7: The Application of Article 1A (2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of

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