The right to an effective remedy for trafficked persons 2011, para. 51
Paragraphe- Paragraph text
- Following a reflection and recovery period, trafficked persons should be provided with temporary or permanent residence status on certain grounds. Firstly, trafficked persons should be entitled to remain in the country where remedies are being sought for the duration of any criminal, civil or administrative proceedings. In this regard, article 7 of the Palermo Protocol should be read in conjunction with the mandatory requirements under article 6, paragraphs 2(b) and 6. As it would be almost impossible for trafficked persons to seek compensation through legal proceedings if they are unable to lawfully remain in the country, article 7 should be interpreted to encourage States to provide trafficked persons with temporary residence status for the purpose of seeking remedies. Secondly, trafficked persons should be granted temporary or permanent residence status on social or humanitarian grounds. Such grounds may include, for instance, the inability to guarantee a safe and secure return, the fears of reprisals and retaliation by traffickers, the risk of being re-trafficked, or the return is otherwise not in the best interests of the trafficked person. Another factor that should be taken into account is the obligation of States not to return trafficked persons to States where they have a well-founded fear of persecution. Some victims or potential victims of trafficking may fall within the definition of a refugee contained in article 1(A)(2) of the 1951 Convention relating to the Status of Refugees and may therefore be entitled to international refugee protection. In these circumstances, temporary or permanent residence status may in itself become a substantial form of remedy.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2011
- Type de paragraphe
- Other
- Paragraph number
- 51
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72 Relations, 72 Entités