CAT/C/AUT/CO/6 41. All incidents in which measures are taken to physically or chemically restrain a person institutionalized in a psychiatric or social welfare establishment should be carefully recorded in special registers and subject to independent monitoring. The Committee recommends that means of restraint should be used only as a last resort to prevent the risk of harm to the individual or others and only when all other reasonable options would fail to satisfactorily contain that risk. Trafficking in human beings 42. The Committee values the efforts made by the State party to combat human trafficking. It notes, however, that there has been a sharp increase in the number of cases reported in recent years. The Committee also takes note of the explanation provided by the delegation concerning the possibility of prosecuting foreign perpetrators found to be exploiting victims of trafficking on the State party’s territory. The Committee regrets that it did not received enough information on the protection offered to victims of trafficking independently from their cooperation in the proceedings against the alleged perpetrators (arts. 2 and 16). 43. The State party should ensure that cases of human trafficking are thoroughly investigated, perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and the victims adequately compensated. It should also ensure that victims have access to effective protection, irrespective of their ability to cooperate in the legal proceedings against traffickers. Intersex persons 44. The Committee appreciates the assurances provided by the delegation that surgical interventions on intersex children are carried out only when necessary, following medical and psychological opinions. It remains concerned, however, about reports of cases of unnecessary surgery and other medical treatment with lifelong consequences to which intersex children have been subjected without their informed consent. The Committee is further concerned at the lack of legal provisions providing redress and rehabilitation in such cases (arts. 14 and 16). 45. The State party should: (a) Take the legislative, administrative and other measures necessary to guarantee the respect for the physical integrity and autonomy of intersex persons and to ensure that no one is subjected during infancy or childhood to non-urgent medical or surgical procedures intended to decide the sex of the child; (b) Guarantee impartial counselling services for all intersex children and their parents, so as to inform them of the consequences of unnecessary and non-urgent surgery and other medical treatment to decide on the sex of the child and the possibility of postponing any decision on such treatment or surgery until the persons concerned can decide by themselves; (c) Guarantee that full, free and informed consent is ensured in connection with medical and surgical treatments for intersex persons and that non-urgent, irreversible medical interventions are postponed until a child is sufficiently mature to participate in decision-making and give effective consent; (d) Undertake investigation of instances of surgical interventions or other medical procedures performed on intersex persons without effective consent and ensure that the persons concerned are adequately compensated. 8

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