acknowledge that not all victims or potential victims of trafficking fall within the scope of the refugee definition, and that being a victim of trafficking does not, ipso facto, represent a valid ground for claiming refugee status.179 However, “in some cases, trafficked persons may qualify for international refugee protection if the acts inflicted by the perpetrators would amount to persecution for one of the reasons contained in the UN Refugee Convention definition, in the absence of effective national protection.”180 What amounts to a well-founded fear of persecution that would validate a claim to asylum depends on the facts of each individual case. In the present context it is important to note that acts of persecution that warrant a claim to refugee status can be perpetrated by private individuals if they are “knowingly tolerated by the authorities or if they refuse, or prove unable, to offer effective protection”.181 It is also clear that common forms of trafficking-related exploitation, such as forced labour, constitute serious violations of human rights that will generally amount to persecution. The fear of persecution can also be specific to the experience of being trafficked. For example, victims may face reprisals and re-trafficking, as well as ostracism, discrimination or punishment should they be returned. In this regard, the UNHCR has confirmed that potential reprisals from traffickers that amount to persecution could constitute a well-grounded fear of persecution, depending on the seriousness of the acts; that the threat of re-trafficking usually constitutes a well-grounded fear of persecution; and that the prospect of suffering severe ostracism, discrimination or punishment may also constitute a well-grounded fear of persecution, particularly if aggravated by a trafficking-related trauma or if linked to an increased risk of re-trafficking.182 The highly gendered nature of trafficking is also relevant in this context. For example, certain forms of trafficking, such as trafficking for sexual exploitation, can be characterized as gender-based violence and, as such, amount to persecution on that basis.183 The gender of the victim can affect their vulnerability to severe reprisals, re-trafficking, ostracism and discrimination.184 Gender considerations should not be restricted 179  UN High Commissioner for Refugees (UNHCR), Guidelines on International Protection No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons At Risk of Being Trafficked, 7 April 2006, HCR/GIP/06/07. See also Ryszard Piotrowicz, “The UNHCR’s Guidelines on Human Trafficking”, International Journal of Refugee Law, Vol. 20, No. 2, 2008, p. 242; and UNHCR Trafficking Guidelines, para. 6. 180  UN High Commissioner for Refugees (UNHCR), Global Consultations on International Protection/Third Track: Refugee Protection and Migration Control: Perspectives from UNHCR and IOM, 31 May 2001, EC/GC/01/11, para. 32. 181  UN High Commissioner for Refugees (UNHCR), Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, January 1992, HCR/IP/4/ Eng/REV.1, para. 65. 182  UNHCR Trafficking Guidelines, paras. 15, 17-18. 183  UNHCR Trafficking Guidelines, para.19; UN High Commissioner for Refugees (UNHCR), Guidelines on International Protection No. 1: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/ or its 1967 Protocol relating to the Status of Refugees, 7 May 2002, HCR/GIP/02/01, para. 18. See also UNHCR, Guidelines on International Protection No. 9; and Council of Europe, Council of Europe Convention on preventing and combating violence against women and domestic violence, 11 May 2011, art. 60(1). 184  UN High Commissioner for Refugees (UNHCR), Guidelines on International Protection No. 2: “Membership of a Particular Social Group” within the context of Article 1A (2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, 7 May 2002, HCR/GIP/02/02 (hereafter: UNHCR Guidelines on International Protection No. 2), para. 18. Part 2: Explanatory Report to the Principles 63