Principle 3: Protection measures when return is not an option In some cases, return, even when voluntary, will not be possible, owing to ongoing safety and security concerns or humanitarian considerations. In such cases, destination countries are obliged to consider complementary humanitarian or other immigration options, including the granting of temporary or permanent residence and, in the case of children and when deemed to be in the best interests of the child, resettlement in another country. States should have the capacity to provide both short-term and long-term solutions as alternatives to return. States can regularize the status of trafficked persons for a number of reasons and in a variety of ways, including by: • Granting a reflection and recovery period to victims of trafficking, during which support (both physical and psychological), legal advice and information tailored to an individual’s gender, age and culture is given with the aim of providing victims with the time and means to decide on their options, including whether they will co-operate with criminal justice agencies in the investigation and prosecution of the perpetrators; • Issuing a temporary residence permit on the basis of the (usually criminal) legal proceedings against traffickers for the duration of both the pre-trial and trial periods; • Granting temporary residence on humanitarian or other grounds concerning, for example, respect of the principle of non-refoulement, an inability on behalf of the returning and receiving states to guarantee a safe and secure return and the risk of re-victimization, including through re-trafficking. Where the results of a risk assessment determine that a trafficked person is likely to face serious reprisals or is at risk of re-trafficking, then this may, in certain circumstances, trigger the obligation of non-refoulement; and • Granting international or complementary/subsidiary protection on the basis of the right to seek and enjoy asylum from persecution. The granting of asylum should not be made conditional on the willingness of the victim of trafficking to participate in legal proceedings. Moreover, when determining the refugee status or need for other forms of international protection of a trafficked person, due consideration 22 Part 1: Guiding Principles of Return