DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration country of jurisdiction, criminal case against or identification of the trafficker, or involvement in any investigation or other legal process. 74. Ensure that trafficked women and girls are not, in any circumstances, held in immigration detention or other forms of custody and will not be detained, charged or prosecuted for irregular entry or stay in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as victims of trafficking. 75. Ensure that women who are victims of trafficking, irrespective of their ethnic, national or social background and legal status, are provided with adequate protection during and after the proceedings of cases, such as witness protection programmes, court procedures that take into account their specific needs, and temporary residence permits for non-citizen women, irrespective of their willingness or ability to cooperate with the law enforcement and prosecution authorities.205 Provide long-term funding to ensure the effective and sustainable implementation of the protection systems for victims of trafficking. 206 76. Grant temporary or permanent residence permits to enable trafficked women to remain in the country in which they have been identified as a victim, considering humanitarian and compassionate factors, and to take part in protective and rehabilitation measures. 207 Such permits should not be conditional on law enforcement cooperation. During this period, of at least one year following formal identification, victims should be granted access to accommodation, welfare benefits, authorization to work, vocational training, medical care and counseling, to enable them to begin a process of recovery and reintegration. VI. Victims’ access to justice 77. The international human rights framework provides for comprehensive and effective due diligence on the part of States along with the responsibility to ensure prosecution of perpetrators and an integrated holistic approach to providing compensation and rehabilitation for trafficking victims. According to article 2(e) of the Convention, States parties will be held responsible should they fail to take all appropriate measures to prevent, as well as to investigate, prosecute, punish and provide reparations for, acts or omissions by both State and non-State actors, including private individuals or entities, that result in gender-based violence against women, including trafficking in women.208 In its general recommendation No. 35 (2017), the Committee stated that failure or omission of the State party to do so provides tacit permission or encouragement to perpetrate acts of gender-based violence against women.209 205 General recommendation No. 33 (2015) (CEDAW/C/GC/33), para. 51; para. 25, CEDAW/C/MNE/CO/2; para. R(d), CEDAW/C/LIE/CO/4; para. 33(c),CEDAW/C/KWT/CO/3-4; paras. 31(d) and 36(e), CEDAW/C/SAU/CO/3-4; para. 25(b), CEDAW/C/NER/CO/3-4; para. 25(d), CEDAW/C/THA/CO/6-7; para. 25(c), CEDAW/C/ALB/CO/4; para. 27(b), CEDAW/C/AFG/CO/1-2; para. 27(c), CEDAW/C/LKA/CO/8; para. 28(d), CEDAW/C/BWA/CO/4; para. 21(d), CEDAW/C/EST/CO/5-6. 206 para. 30(d), CEDAW/C/ITA/CO/7. 207 para. 25(e), CEDAW/C/KHM/CO/4-5; para. 44, CEDAW/C/JOR/CO/5; para. 26(c), CEDAW/C/QAT/CO/1; para. 29(d), CEDAW/C/CHE/CO/4-5; para. 29(c), CEDAW/C/PRT/CO/8-9; para. 32,CEDAW/C/ARE/CO/2-3; Trafficking Protocol, Article 7 208 General recommendations: No. 35 (2017) (CEDAW/C/GC/35), paras. 23-24(2(b)); No. 30 (2013) (CEDAW/C/GC/30), paras. 15 and 41(a); No. 28 (2010) (CEDA W/C/GC/28), paras. 19 and 34. 209 General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 24(2(b)). 26