A/HRC/44/45 55. It is essential to shift from criminalization and stigmatization of trafficked persons, especially when they are subjected to sexual exploitation, to social protection, empowerment and social inclusion. During criminal proceedings, trafficked persons must be seen not merely as witnesses or tools for the prosecution, but primarily as rights holders. Importantly, exploited persons’ rights to access remedies, including compensation, should be ensured through judicial and/or non-judicial mechanisms, including by fully implementing their rights to information, counselling and free representation. 56. The non-punishment principle should be effectively implemented and interpreted in the light of the definition of trafficking, which covers all cases in which trafficked persons cannot act with free will, not only because of physical or psychological violence, threat or coercion, but because of the abuse of their position of vulnerability. The non-punishment principle should also be extended to vacating criminal records in order to ensure the long-term social inclusion of survivors and their access to education, housing and employment. 57. With respect to trafficking in conflict and post-conflict settings, shifting from hard security to a human rights-based approach includes moving from victimhood to agency and mainstreaming a human rights and gender-sensitive approach to all pillars of the women and peace and security agenda of the Security Council, including valuing women’s participation in peacebuilding and peacekeeping, also as a means to promote victim and survivor empowerment and social inclusion in the aftermath of conflict. 58. The final aim of anti-trafficking action is to promote the long-term social inclusion of survivors, which should be considered by States as an integral part of their due diligence obligations. Social inclusion is a transformative process, aimed at ensuring that survivors regain full ownership of their lives in an innovative way. Viable 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. 59. Cooperation with the private sector should also be more actively explored and implemented, on the basis of more effective legislation providing for reporting obligations, and obligations aimed to ensure that companies act effectively to minimize the risks of exploitation and trafficking, and also provide remedies for exploited workers throughout their supply chains. Grievance mechanisms established by companies should always include workers’ voices, and be established in cooperation with trade unions and civil society organizations. The private sector has an important role to play in terms of prevention and remediation. For this purpose, however, structural changes are needed in the way that business models function today. B. Recommendations 60. In addition to the Recommended Principles and Guidelines on Human Rights and Human Trafficking, Member States, United Nations agencies, the private sector, civil society organizations and the international community are invited to consider the following recommendations. Primacy of human rights 61. The human rights of trafficked persons should be at the centre of all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims, including in the context of mixed migration flows. Such actions should be gender and child-sensitive, and should be implemented in a non-discriminatory way, taking into account intersectional discrimination. 62. States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect 14