DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration and their enjoyment of durable solutions, including integration and/or resettlement in receiving States or voluntary repatriation to their country of origin.118 45. Ensure access to asylum procedures: a) Establish mechanisms for the identification of victims of trafficking within the asylum procedure as well as referral mechanisms to ensure that asylum claims are assessed in an age and gender-sensitive procedure in order to respond to the specific protection needs of trafficked women and girls;119 b) Recognize trafficking in women as gender-related persecution, with the result that victims or potential victims are informed of and effectively enjoy the right of access to fair, efficient and clear asylum procedures without discrimination or any preconditions, regardless of country of origin or mode of entry into the State party;120 c) Classify victims of trafficking under the “social group” ground in the refugee definition in line with the UNHCR “Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked” [guideline No. 7 (HCR/GIP/06/07)121]; d) Provide resources to support asylum claimants during the application process; e) Assess the impact of the national legal and policy framework, particularly in respect of the application of immigration and asylum laws on trafficking victims, in order to ensure that they do not have harmful consequences on victim identification, victim assistance and protection, and do not increase women and girls’ vulnerability to trafficking. 46. States parties are obligated to protect victims of trafficking in persons, especially women and children, from revictimization. 122 This includes guaranteeing trafficking victims protection against refoulement: a) Victims of trafficking and those at risk of trafficking must not be forcibly returned to their country of origin where they fear being retrafficked or subjected to stigma, threats, intimidation, violence and retaliation;123 b) Adopt an inclusive and non-selective approach in upholding the principle of nonrefoulement and take a gender-sensitive approach to the continuing refugee inflows and asylum claims, including in procedural matters, in line with the provisions of the Convention and by ensuring access to the territory of the State party.124 g. Women and girl migrants’ increased risk of being trafficked 47. The Committee recognizes that while migration presents new social and economic opportunities for women it may also place their human rights and security at risk125, particularly if women and girls travel irregularly and/or have an irregular migration status. General 118 General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 14. para. R(b), CEDAW/C/LIE/CO/4. 120 para. 37(a), CEDAW/C/ESP/CO/7-8; General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 55; para. 12(a), CEDAW/C/LBN/CO/4-5. 121 General recommendation No. 32 (2014) (CEDAW/C/GC/32), fn 11. 122 Trafficking Protocol, Article 1. States Parties shall establish comprehensive policies, programmes and other measures: […] (b) To protect victims of trafficking in persons, especially women and children, from revictimization. 123 General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 55; para. R(b), CEDAW/C/LIE/CO/4. 124 para. 12(a), CEDAW/C/LBN/CO/4-5; para. 39, CEDAW/C/CZE/CO/6; para. 38, CEDAW/C/SVN/CO/5-6. 125 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 2. 119 15