• “Safe” refers to both the process and the outcome of return. It imposes an obligation on the returning state to individually assess and manage risks associated with
return, including the different risks faced by men and women, persons of different
ages and those belonging to certain groups (including minorities), to ensure that
the process of return is safe and dignified, and to monitor both the process and outcome of return to assess and ensure the safety of the trafficked person.
• Returning states must conduct individualized and gender-sensitive risk assessments prior to the return of trafficked persons, to establish that they are not in
danger of re-trafficking, persecution or torture, inhuman or degrading treatment
or punishment.
• Risk assessments should also take into account the safety of victims’ family members, as well as their potential involvement in trafficking.
• At a minimum, risk assessments should address: the risk of reprisals by the traffickers against the trafficked person and/or her/his family; the risk of being harassed,
arrested, detained or prosecuted by the authorities; the social position of trafficked
persons upon return; the availability of and actual access to social assistance programmes for victims of trafficking; and the situation of the children of trafficked
persons.
• In cases of trafficking in children, the solution that is in the child’s best interests
must be determined in consultation with the child. This includes considerations of
different alternatives, including the child’s integration in the society of the destination country, voluntary repatriation to and re-integration in her/his country or
place of origin or resettlement, and integration in a third country. A risk assessment must be conducted to verify that family reunification is in the best interests
of the child.
As an integral part of providing assistance and protection to trafficked persons, and
in addition to a risk assessment, countries of destination should carry out a needs
assessment of the trafficked person being returned. Particular attention should be
paid to screening the health and medical needs of the individual in question.
States should make provisions for and provide detailed descriptions of risk and needs
assessments in national legislation, as well as reserve adequate financial resources for
conducting risk and needs assessments.
In addition, the manner in which the return is conducted must not violate the rights of
trafficked persons, including their right to dignity.
Both returning and receiving states must protect the privacy of victims and provide them with the necessary information and legal support. In addition, both states
are required to co-operate with each other to ensure that returned victims, including those who have acted as witnesses in criminal proceedings, are not subject to
retaliation.
Part 1: Guiding Principles of Return
19
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