health, physical, psychosocial, material and other protection needs, including those
deriving from domestic violence, trafficking or trauma.74
In particular, practitioners consulted by ODIHR have highlighted the importance of
conducting thorough health screenings of trafficked persons.75 The implications of any
health problems suffered by the trafficked person must be assessed following the person’s return, including whether adequate treatment is available in the receiving country. In addition, the trafficked person may need to be accompanied by a medical expert
during the return process. Among other health issues, victims of trafficking may suffer from substance addiction or HIV as a result of their trafficking experience.76
The manner in which return is conducted
The manner in which returns are conducted can profoundly influence the actual or
perceived safety of the victim both during and after return. Victims have reported
feeling reassured when they are accompanied and/or met at their destination, particularly where they feared reprisals by their traffickers or were nervous about the transportation process.77 NGOs have also reported that some forms of transport, such as
planes, are generally safer than others, such as buses, and should be preferred where
possible.78
In a number of OSCE participating States, the assisted return of all migrants, including those who have been trafficked, is regulated by and conducted in accordance with
existing national legal frameworks, including laws on migration, asylum or foreigners’ residence.79 Some OSCE participating States provide return assistance for specific groups of migrants, including trafficked persons.80 In addition, some countries
have in place specific provisions and procedures for the return of trafficked persons. In
OSCE participating States where the IOM implements assisted voluntary return programmes,81 trafficked persons may be returned either through general programmes
for migrants or through return programmes developed specifically for trafficked persons. Besides providing return assistance to a number of different types of migrants,
74 CRC General Comment No. 6, para. 31.
75 OSCE/ODIHR Expert Meeting, Warsaw, Poland, 11-12 February, 2014.
76 UN Office on Drugs and Crime (UNODC), Toolkit to Combat Trafficking in Persons, October 2008 (hereafter:
UNODC Trafficking Toolkit), pp. 376 and Tool 8.11.
77 Rebecca Surtees, Listening to Victims: Experiences of identification, return and assistance in South-Eastern
Europe (Vienna: International Centre for Migration Policy Development, 2007), pp. 110-111.
78 Interview with representative of the Crisis Center of the Animus Association Foundation, Sofia, 24 November
2011.
79 “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, p. 40.
80 Blanka Hancilova and Camile Massey, Legislation and the Situation Concerning Trafficking in Human Beings for
the Purpose of Sexual Exploitation in EU Member States (Vienna: International Centre for Migration Policy Development, 2009; “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note
13, p. 85.
81 “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, p. 7;
Barbara Cuzuioc-Weiss and Chantal Lacroix, Study on Post-Trafficking Experiences in the Czech Republic, Hungary,
Italy, and Portugal (Vienna: International Centre for Migration Policy Development, 2010), p. 104.
44
Part 2: Explanatory Report to the Principles
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