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Published byElaine Ball Modified over 8 years ago
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Return of Trafficked Persons Basic Principles Nataliya Oliynyk, ODIHR Anti-Trafficking Officer
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ODIHR Guiding Principles on the return of trafficked persons – a bit of history and context
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1. Return must be safe Voluntariness Safety Risk assessment Needs assessment
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2. Due Process Decision to return - lawful and individualized Rights of the trafficked person respected Comprehensive information and right to appeal provided
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3. Protection measures when return is impossible Short-term residence permit: –Linked to ongoing judicial proceedings –On humanitarian and other grounds Long-term residence permit: – International/subsidiary protection –Cooperation with authorities in criminal proceedings
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4: Return of child victims Child – up to 18 years Presumption the victim is a child in case of doubt about age Durable solution (in CoO or CoD) Best interest of the child Involvement of the child in decision-making Temporary residence on humanitarian grounds until return is possible Guardian and support in integration/reintegration
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5. With no further harm towards durable solution Re-victimization is a risk which could exclude return Pre-return detention of trafficked persons should be avoided Non-discrimination Re-entry ban is a punishment and should not be imposed Reintegration based on needs assessment
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6. Return not to hamper access to effective remedies Reparations Protection
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7. Cooperation and monitoring NRM TRM Monitoring by CoD and CoO agreed with the trafficked person
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THANK YOU! Nataliya.Oliynyk@odihr.pl
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