A/HRC/17/35
11.
In this context, the same participant noted wide dimensions of one’s well-being,
quoting Amartya Sen who described well-being as “the freedom of individuals to live a life
that allows them to fulfil their capacities, to have sufficient available resources to be able to
enjoy a healthy life, to have access to knowledge and the freedom to interact socially and
contribute expression and thought”.
Regular residence status
12.
The participants agreed that trafficked persons should be provided with regular
residence on a short- or long-term basis, as it is difficult to access remedies if they are at
risk of deportation. The participants also seemed to agree that permanent residence in the
destination region / country should be a remedy in itself, not dependent on legal
proceedings. Where trafficked persons are at risk of being re-trafficked or do not wish to
return to the country of origin, “having the option of staying would be a significant step in
their healing”.
Rehabilitation, recovery and reintegration
13.
One participant commented that effective remedies with regard to
rehabilitation/recovery and reintegration should primarily focus on building upon the
strengths already present within the person; what he/she needs in order to rebuild his/her
life to a point where he/she is able to re-enter and begin once more to actively participate in
their community of choice. It is a process where the best interests of the survivor should be
placed at the centre, and thus “any options explored with regard to rehabilitation and
recovery will take into account the person’s wishes, hopes and aspirations, and will also be
fully aware of, and respect, differences of gender and cultural understandings”.
14.
To ensure rehabilitation/recovery, one participant took the view that as an absolute
minimum, States should, without delay, provide access to: “secure shelter; food and
clothing; access to supportive personnel who will assist and guide the person (ideally a
locally based NGO); information and legal representation which takes into account the
person’s first language and cultural background; and access to health services, and
monetary support”.
15.
In this connection, the same participant stressed the important role of “an
appropriate reflection delay period” in ensuring recovery. She stated that “the length of this
period should take into account the person’s individual needs, such as access to health
services/counselling, legal and professional advice, so as to ensure adequate time to fully
support a return to health and wholeness”.
16.
In response to the question as to what the guiding principles should be in providing
services to assist recovery of trafficked persons, one participant questioned whether there is
a need for new guidelines or it is more appropriate to make better use of existing
instruments and guidelines. In this connection, the participant made a reference to the
UNICEF Guidelines on the Protection of Children from Trafficking and the ILO childfriendly standards and guidelines on the recovery and integration of trafficked children.
17.
Another participant suggested the following guiding principles in providing services
to assist recovery of trafficked persons:
• Placing people at the heart- Adopting a ‘people centred’ approach which consistently
places the wellbeing and best interests of the person first.
• Respecting the sovereignty of the individual - Ensuring that all available
rehabilitation/recovery services are both self directed and empowering. Whilst
acknowledging some guidance may be initially necessary, nonetheless survivors of
trafficking need to have some control over decisions made and be able to implement
choices with regards to their rehabilitation.
25
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