DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
67.
Elimination of discrimination in access to health care is an urgent issue for trafficked
women and girls who are at an increased risk of physical and psychological injury, genderbased violence, death, sexual exploitation and abuse, pregnancy and reproductive health issues,
and contracting sexually transmitted diseases, including HIV, at various stages of the
trafficking cycle.173 Migrant victims of trafficking, particularly those in irregular migration
situations, face administrative, linguistic, cultural and other barriers in accessing health
services, including fear of retaliation from perpetrators and fear of being denounced by health
service professionals for their irregular immigration status. The development of standard
operating procedures for trafficking victim identification and the training of health workers on
providing a gender-sensitive response are key to assisting trafficked women exit from
exploitative situations.
68.
Early identification and protection of presumed victims of human trafficking:
a) Create national guidelines and standard operating procedures on victim
identification and referral that is benchmarked to international standards,
integrating a gender-sensitive, victim-centered, age-, gender-sensitive and
trauma-informed approach, and which is uniformly applicable throughout the
territory of the State party;174
b) Increase the early detection capacity and authority of law enforcement and border
personnel, immigration and asylum authorities, labour inspectors, social workers
and health-care professionals to promptly identify trafficking and related offences
against women and girls and to facilitate the referral of victims, including nonnationals, to the appropriate services, assistance and rehabilitation and social
integration including by providing mandatory systematic training on the:175
i.
Causes, consequences and incidence of trafficking in women and girls
and different forms of exploitation;176
ii.
Effective implementation of national guidelines on victim
identification;177
iii.
Gender-sensitive and child-sensitive protocols 178 for dealing with
victims.
c) Adopt adequate gender-sensitive screening mechanisms for the early
identification and referral of victims of trafficking among women asylum
seekers179 as well as for women migrant workers suspected of breaches of national
labour, immigration or criminal laws 180 to ensure they receive coordinated
protection, assistance and support;181
d) Ensure adequate protection and support for both victims of trafficking and for
presumed victims while identification processes are carried out;182
e) Introduce proactive inspections for the identification of trafficking victims in
workplaces and recruitment agencies;183
173
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 37.
para. 36(d), CEDAW/C/SAU/CO/3-4; para. 23(d), CEDAW/C/ARG/CO/7.
175
para. 27(a), CEDAW/C/BFA/CO/7; para. 27(d), CEDAW/C/KEN/CO/8; para. 21(c),
CEDAW/C/ROU/CO/7-8; para. 29(e), CEDAW/C/CHE/CO/4-5; para. 25(e), CEDAW/C/GTM/CO/89; para. 40(a), CEDAW/C/TUR/CO/7; para. 25(b), CEDAW/C/ALB/CO/4; para. 28(e),
CEDAW/C/BWA/CO/4; para. R, CEDAW/C/MMR/CO/3; para. 25(c), CEDAW/C/NER/CO/3-4.
176
para. 21(d), CEDAW/C/MEX/CO/7-8.
177
para. 25(b), CEDAW/C/THA/CO/6-7.
178
para. 26(b), CEDAW/C/BRB/CO/5-8; para. 31(a), CEDAW/C/UKR/CO/8.
179
General recommendation No. 32 (2014) (CEDAW/C/GC/32), paras. 44 and 46.
180
para. 26(b), CEDAW/C/QAT/CO/1.
181
para. 30(c), CEDAW/C/ITA/CO/7; para. R, CEDAW/C/ARG/CO/6; para. 37,
CEDAW/C/BOL/CO/5-6.
182
para. 20, CEDAW/C/DNK/CO/8.
183
para. 21(c), CEDAW/C/ROU/CO/7-8; para. 27(a-b), CEDAW/C/JPN/CO/7-8.
174
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