A/HRC/41/46
aimed at removing them from their trafficking situations, but should also ensure their
personal safety, agency, empowerment and independence in the long run. States should
never return a victim to the situation that he or she was in before being trafficked. In light
of the need to activate protection protocols for groups and persons who, due to structural,
economic and gendered factors, are in a vulnerable situation, 5 States have the duty to adopt
and implement long-term solutions to ensure the social inclusion of survivors into society.
In the absence of viable long-term social inclusion options, it will be more difficult to break
the cycle of trafficking and retrafficking.
6.
While the notion of social inclusion is not new under international law, it has mainly
been developed in the field of social science, and has rarely been used in relation to
trafficked persons, for whom the terms “reintegration” or “rehabilitation” are often
preferred. The present report is an invaluable opportunity for the Special Rapporteur to
advocate for the use of the term “social inclusion” in relation to trafficked persons. The
rationale lies in the fact that the term “rehabilitation” often reflects a moralistic approach to
anti-trafficking actions targeting sexual exploitation, and the term “reintegration” is
commonly used in relation to return and repatriation of trafficked persons. On the contrary,
social inclusion should be the final goal of anti-trafficking action, both in countries of
destination, and in countries of origin in the case of return or repatriation.
7.
The notion of social inclusion – similarly to the notion of social integration –
conveys the idea of a process, of which recovery is the first step, the ultimate goal being the
full and permanent restoration of all rights that had been violated before and during the
trafficking cycle. Hence, social inclusion should be understood as a process of improving
the terms of participation in society for people who are disadvantaged – through enhanced
opportunities, access to resources, voice, and respect for their rights. 6 Furthermore, social
inclusion is the opposite of social exclusion – the latter being a root cause of trafficking in
persons – and thus implies empowerment of survivors and the participation of survivors in
all decisions affecting them as its key component. This term also reinforces the idea that
their experience of having been trafficked is not an irreversible condition but can be
overcome and that the label of “trafficked persons” can and should be permanently
removed. In her discussion with survivors, the Special Rapporteur acknowledged that there
are degrees of social inclusion, and that inclusion into societies should be measured on the
basis of an individual, and not a collective, assessment.
8.
Social inclusion of trafficked persons requires the provision of long-term measures
aimed at restoring their physical and psychological well-being and concurrently promoting
their participation in the economic, social, cultural and political life of society, in line with
every individual’s aspirations. Sensitizing families and societies to the importance of social
inclusion is imperative in order for trafficked persons to be able to build renewed social
relations with intimate partners, families and communities. The role of the private sector is
also essential in order to ensure that trafficked persons have their right to work restored,
which includes by facilitating and supporting their access to the labour market, and also
through training, as a key element of social inclusion.
9.
The Special Rapporteur underscores that social inclusion of trafficked persons can
be a lengthy and complex process and may take years to complete. At times, it may also be
difficult for trafficked persons to complete their training programmes, when poverty or
family pressure pushes them to find a fast and easy income. It has also been reported that a
number of trafficked persons have declined assistance due to personal circumstances at the
time of deciding about taking part in an assistance programme, factors associated with the
specifics of the assistance system itself, and the social context. Therefore, understanding the
reasons, experiences and perceptions of those who refuse to participate in assistance
5
6
4
A/HRC/38/45.
Leaving No One Behind: The Imperative of Inclusive Development – Report on the World Social
Situation 2016 (United Nations publication, Sales No. E.16.IV.1).
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