DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
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employment opportunities, in addition to access to free legal services, and
specialized rehabilitation and reintegration services;199
Ensure that all short- and long-term assistance services for trafficked women are
provided on an informed and voluntary basis and women are not placed into
shelters or “rehabilitation” programmes against their will, including by courts.
Shelters for trafficked women should place few, if any, limitations on women’s
freedom of movement and be limited to security considerations;200
Ensure that social inclusion policies enacted by States for trafficking victims do
not require compulsory protective detention or any other manner of arbitrary
detention of women who are trafficked;
Consider supporting community-based programmes for reintegration and social
inclusion, for example, through self-organised groups of trafficked women;
Commit to providing individualised support and assistance to trafficked women
in the country in which they are identified that is respectful of the cultural identity
of the victims;
Implement reintegration measures for victims to prevent their re trafficking and
the repetition of their rights’ violations, ensuring that trafficked women are part
of the design, implementation and evaluation of these measures;201
Women who, after conducting a risk assessment cannot be safely returned to their
homes, should be provided with assistance to build an independent life, including
a residence permit, psychosocial support, vocational training 202 , employment
assistance, and, if necessary to ensure their safety, a changed identity.203 Ensure
that the skills training that trafficked women receive correspond to the local
market needs and women’s own ambitions, and result in receipt of a living wage,
avoiding gender stereotypes;
In cooperation with consular services, facilitate the issuance of official
identification documents (e.g. passports) of trafficked migrant women from their
country of origin without requiring their return;
Provide long-term, sustainable funding for social inclusion;
Adopt targeted laws, policies and programmes to ensure equal rights for women
belonging to disadvantaged and marginalized groups, such as forcibly displaced
women and migrant women, by ensuring that they receive adequate assistance,
and that they benefit from integration policies as well as family reunification
measures.204
73.
Ensure that trafficked women and girls are accorded all of their human rights,
including those to which they are entitled as victims of crime and of human rights
violations. These include the rights to receive protection from further harm including
special consideration and care to avoid re-traumatisation in the course of any legal and
administrative procedures, to be treated with compassion and respect for their dignity
and human rights, to be provided with access to justice and prompt and effective remedies
including compensation, regardless of the individual’s immigration status, presence in the
199
para. 21(b), CEDAW/C/CZE/CO/6; para. 25(d), CEDAW/C/GTM/CO/8-9; para. 23(d),
CEDAW/C/ARG/CO/7; para. 27(e), CEDAW/C/KEN/CO/8; para. 28(d), CEDAW/C/BWA/CO/4;
para. 25, CEDAW/C/MNE/CO/2; para. 25(b), CEDAW/C/HND/CO/7-8; para. 40(b),
CEDAW/C/TUR/CO/7; para. 27(b), CEDAW/C/LKA/CO/8; para. 27(b), CEDAW/C/BFA/CO/7; para.
21(a), CEDAW/C/ROU/CO/7-8.
200
para. 20, CEDAW/C/DNK/CO/8.
201
para. 28(e), CEDAW/C/NGA/CO/7-8.
202
para. 29(c), CEDAW/C/PRT/CO/8-9; para. 32,CEDAW/C/ARE/CO/2-3; para. 28(a),
CEDAW/C/NGA/CO/7-8; para. 19(f), CEDAW/C/ARM/CO/5-6; para. 26(e), CEDAW/C/BRB/CO/58; para. 31(d), CEDAW/C/UKR/CO/8.
203
para. 33(e), CEDAW/C/TUR/CO/7.
204
para. 37(b), CEDAW/C/HUN/CO/7-8; para. 39(h), CEDAW/C/ALB/CO/4.
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