A/HRC/41/46
abstain from administrative detention and deportation. Detention of children must
always be banned.
65.
States should also ensure trafficked persons’ family reunification if the
trafficked person concerned so wishes, facilitate access to long-term medical services,
safe and affordable accommodation, formal education, professional and vocational
training and job opportunities, as well as recreational activities, and promote their
economic empowerment in innovative and transformative ways. In most parts of the
world, social inclusion of survivors of trafficking is – to use a phrase of civil society
organizations – “still a dream”. However, innovative and transformative solutions
highlighted in the present report show that it can – and should – become a reality
everywhere.
IV. Recommendations
A.
To Member States:
66.
With regard to the legal and policy framework and related structural
challenges to social inclusion:
(a)
Recognize that the social inclusion of trafficked persons into societies, be
it in countries of origin, transit or destination, constitutes an integral part of States’
obligations under the due diligence standard and the right to effective remedy;
(b)
Adopt, revise and implement legislation and policies in order to ensure
that survivors’ right to remedy, including compensation, is not conditional upon
victims’ cooperation in criminal proceedings, upon the initiation or the outcome of
criminal proceedings or upon the possession of legal residence status, paying special
attention in this regard to child victims of trafficking;
(c)
Eradicate stigma, gender-based discrimination, xenophobia, racism and
discrimination on any grounds, as major factors hampering trafficked persons’ social
inclusion, especially in countries of transit and destination;
(d)
Ensure that social inclusion is not hampered by restrictive migration
policies in countries of destination, and ensure that no decision on return or
repatriation is adopted without a previous assessment of the level of integration of the
person in the country and of the risk of retrafficking in case of return or repatriation,
in line with the Global Compact for Safe, Orderly and Regular Migration;
(e)
Ensure that, in line with a human rights-based approach, trafficked
persons are granted non-conditional residence permits, also taking into account
humanitarian considerations;
(f)
Ensure that the competent asylum authorities are trained to identify
indications of trafficking and to take them into due account as grounds for asylum or
– where appropriate – subsidiary protection, and simultaneously ensure the referral
of persons so identified to anti-trafficking services, with the consent of the person
concerned;
(g)
Revise any legislation or policies hampering social inclusion, including
policies tying workers to a single employer, or preventing equal access to long-term
empowerment measures, especially in respect of trafficked women and girls and
lesbian, gay, bisexual and transgender persons; and adopt appropriate policies to
ensure the birth registration of children born out of rape as a result of trafficking;
(h)
Ensure that countries of origin, transit and destination envisage viable
long-term measures aimed at social inclusion when designing anti-trafficking policies;
(i)
Provide appropriate funding and specialized staff for social protection
services, including for specific services required for trafficked persons, and allocate
adequate funding to civil society organizations implementing social inclusion projects;
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