Box 9: E  xamples of anti-trafficking measures that may adversely affect established rights • Detention of trafficked persons in immigration or shelter facilities; • Prosecution of trafficked persons for statusrelated offences including illegal entry, illegal stay and illegal work; • Denial of exit or entry visas or permits – whether generally applicable or only in relation to a group of persons identified as being especially vulnerable to trafficking; • Denial of the right of all persons, including those who have been trafficked, to seek asylum from persecution; • Denial of basic rights to migrants, including migrant workers and those not lawfully within the territory of the State; 3.2. ANTI-TRAFFICKING MEASURES AND THE PROHIBITION ON DISCRIMINATION INCLUDING GENDER-BASED DISCRIMINATION Major human rights instruments, both international and regional, prohibit discrimination on a number of grounds including race, sex, language, religion, property, birth or other status (see discussion under Principle 1 and related guidelines). Discrimination can be linked to trafficking in a number of ways. It is no coincidence that those most likely to be trafficked (irregular migrants, stateless persons, non-citizens and asylum-seekers, members of minority groups) are especially susceptible to discrimination and intolerance, based on their race, ethnicity, religion and other distinguishing factors. Some groups, such as migrant women and girls, are vulnerable to intersectional and multiple discriminations.141 Committee on the Elimination of Discrimination against Women, general comment No. 25; Christine Chinkin and Fareda Banda, Gender, Minorities, Indigenous People and Human Rights (2004). The Human Rights 141 • Raids, rescues and “crack-downs” that do not include full consideration of and protection for the rights of the individuals involved; • Forced repatriation of victims in danger of reprisals or retrafficking; • Denial of a right to a remedy; • Violations of the rights of persons suspected of or convicted for involvement in trafficking and related offences, including unfair trials and inappropriate sentencing; and • Laws or procedures that authorize any of the above. In addition to increasing the risk of trafficking, discriminatory attitudes, perceptions and practices contribute to shaping and fuelling the demand for trafficking (see the discussion under Principle 4 and related guidelines). Committee has noted that “racism, racial discrimination and xenophobia contribute to discrimination against women and other violations of their rights, including cross-border trafficking of women and children, and enforced prostitution and other forms of forced labour disguised inter alia as domestic or other kinds of personal service.” Human Rights Committee, Contributions to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (A/CONF.189/ PC.2/14, para. 18). The General Assembly and Human Rights Council have both recently recognized that “victims of trafficking are particularly exposed to racism, racial discrimination, xenophobia and related intolerance and that women and girl victims are often subject to multiple forms of discrimination and violence, including on the grounds of their gender, age, ethnicity, culture and religion, as well as their origins, and that these forms of discrimination themselves may fuel trafficking in persons”. General Assembly resolution 63/156, preamble; Human Rights Council resolution 11/3 on trafficking in persons, especially women and children, preamble. COMMENTARY 85