DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration b) Ensure that raids conducted by law enforcement authorities with a view to dismantling trafficking networks do not justify or result in criminal prosecution or other coercive measures, including gender-based violence, abuse and harassment, against any group of women; c) Ensure that no group of women is targeted for investigation or prosecution, discrimination, stigmatisation, or suffers from the lack of rights and protections, under the guise of combatting trafficking, including violations of their rights to movement, assembly, health and safety, to dignity and livelihood; d) Discontinue anti-trafficking measures that involve the apprehension, detention and involuntary rehabilitation of women, which are often experienced as antagonistic and traumatic; e) Ensure that anti-trafficking efforts are not used as a means to deport migrant women with an irregular immigration status. b. Remedies for victims of trafficking 93. Article 2(b) of the Convention obligates States parties, by law, to provide appropriate remedies including the provision of reparations, to women whose Convention rights have been violated.244 94. Victims of trafficking often encounter significant difficulties in claiming compensation and other forms of reparation for damages and harms suffered.245 Efforts to claim compensation may be frustrated where: it is made conditional upon cooperation with law enforcement authorities; residency permits are tied to criminal justice processes and repatriation occurs prior to seeking or obtaining civil remedies; the burden of proof is shifted on the victim in civil claims; victims of trafficking are not identified as victims of a crime for the purpose of reparations owed under law; or where monetary compensation is unavailable or the proceeds of crimes are not redistributed to victims. 95. States parties have obligations both within and outside their territories to ensure the full implementation of the Convention. 246 The transnational nature of human trafficking and migration requires cooperation by all affected countries, that of origin, transit and destination, and their participation in an effective and appropriate international response to protect the rights of victims.247 96. Compensation and rehabilitation a) Ensure that all trafficked women, irrespective of their ethnic, national or social background and legal immigration status, obtain effective protection and redress, including rehabilitation and compensation; 248 b) Ensure that trafficked women are provided with timely and comprehensive information about their right to access legal aid, compensation, and remedies in a language and manner that they can understand, regardless of their residence status;249 244 General recommendation No. 28 (2010) (CEDAW/C/GC/28), paras. 17 and 32. General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 37. 246 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 11. 247 General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 43. 248 para. 30(g), CEDAW/C/ITA/CO/7; para. 33(f), CEDAW/C/CAN/CO/8-9; para. 22(f), CEDAW/C/SVN/CO/5-6; para. 36(e), CEDAW/C/SAU/CO/3-4; para. 25(b), CEDAW/C/NER/CO/34; 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. 24(c), CEDAW/C/QAT/CO/1; para. 20(f), CEDAW/C/AGO/CO/6; para. 19(d), CEDAW/C/VEN/CO/7-8. 249 para. 20(d-e), CEDAW/C/MUS/CO/8. 245 31

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