Due diligence and trafficking in persons 2015, para. 36
Paragraph- Paragraph text
- The rapid and accurate identification of victims of trafficking in persons - as well as being part of a State's prevention obligation - is also an essential prerequisite to realize the right to remedy. As such, the detention of victims of trafficking in persons, for example as smuggled or irregular migrants or undocumented migrant workers or as sex workers, constitutes a failure of this obligation to identify victims and denies them access to an effective remedy. While trafficked persons have a right to safely remain in the country pending the completion of relevant proceedings - including to participate in such proceedings - States should also ensure that a victim's immigration status or absence of the victim from the jurisdiction does not preclude enjoyment of the right to remedy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Other
- Paragraph number
- 36
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