A/HRC/38/45
(b)
Adopt proactive protection measures based on the best interest of the
child in line with international law, as well as Committee on the Rights of the Child
general comment No. 14 (2013) on the right of the child to have his or her best
interests taken as a primary consideration, including by appointing properly trained
and resourced guardians and establishing measures for protection and transition to
adulthood;
(c)
Ensure that a child-sensitive age assessment is performed only in cases of
doubt regarding the child’s age. In case of uncertainty, the person should be
considered a child.
75.
In order to improve the identification of trafficked children or those at risk at
airports and sea and land border crossings, States should enhance coordination
among law enforcement officials and entities such as airline staff, other transport
providers, child protection services and those who work with other vulnerable groups.
76.
With regard to the identification of victims and potential victims from among
the asylum-seeking population States should:
(a)
Integrate identification of trafficking victims and potential victims into
asylum procedures, including in the context of accelerated procedures;
(b)
In accordance with the UNHCR Guidelines on International Protection
No. 7, consider trafficking in the country of origin, destination or transit, and the risk
of trafficking, re-trafficking or reprisals from traffickers, as grounds to be granted
international protection;
(c)
Develop regular coordination between the asylum procedures and the
trafficking protection systems in order to ensure that people identified as at risk of
trafficking during asylum procedures are referred to the trafficking protection system
and — when both grounds are recognized — have access to both refugee status and
protection as victims or potential victims of trafficking.
77.
With regard to the identification of victims and potential victims in return
procedures, States should ensure that risks of trafficking and re-trafficking are
adequately evaluated when a decision is made on return, including if the person is
returned to the first country of arrival or a third country, and ensure that no person,
regardless of their status, is returned to a place where there are substantial grounds to
believe that they would be at risk of being subject to torture or other cruel, inhuman,
or degrading treatment or punishment, or other serious human rights violations,
including a risk of being trafficked or subject to reprisals from the traffickers and
their networks.
78.
With regard to cooperation and referral mechanisms, States should:
(a)
Establish cooperation mechanisms for referral of victims of trafficking
in persons and clearly determine the roles and responsibilities of all stakeholders
within the mechanism, including coordination between international organizations
and national and local protection services. Ensure assistance is provided
unconditionally, and is non-discriminatory, culturally appropriate, gender-responsive
and sensitive to disability and age;
(b)
Reinforce or create mobile multidisciplinary teams for identification and
referral of trafficking victims or potential victims, the composition of which can be
adapted to the circumstances of the case;
(c)
Develop or strengthen measures to ensure coordination and referral
between different protection systems, including protection against trafficking, child
protection and international protection. Ensure that such measures are promptly
implemented upon disembarkation and during the registration and reception
procedures.
79.
National and local social authorities and civil society organizations should be
involved in procedures to detect trafficking cases and indications of the risk of
trafficking, as well as in the organization of assistance, protection and support for
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