Non-refoulement
Originally a concept under international (refugee) law, under
which it is illegal for states to expel or return (“refouler”)
refugees who have a well-founded fear of persecution upon
their return. The principle is part of customary international
law and is, therefore, binding on all states whether or not
they are parties to the UN Refugee Convention.
Potential victim of
trafficking
A person who has not been exploited, but who, due to her or
his vulnerable situation, may become a victim
Presumed victim of
trafficking
A person who manifests certain indicators that suggest they
may be a victim of trafficking in human beings, but who has
not been formally identified as such by the authorities, or
who has declined to be formally identified as such.
Reflection / recovery Period of time granted to victims of trafficking in human
period
beings to allow them to recover and escape the influence of
the perpetrators of the crime, and to give them the opportunity to make an informed decision as to whether to co-operate with the competent authorities.
Refoulement
The return by a state of an individual to the territory of
another state in which he or she may be persecuted for reasons of race, religion, nationality or membership of a particular social group or political opinion, or where the individual
is threatened with torture or some other serious violation
of her or his human rights. Refoulement includes any action
that has the effect of returning the individual to a state
where he or she faces persecution, including expulsion,
deportation, extradition, rejection at the frontier or extraterritorial interception.
Refugee
A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, chooses to
reside outside the country of her/his nationality or former
habitual residence, and who is unable or unwilling to avail
herself/himself of the protection of that country.2
2
2 See Article 1A of the Convention of 28 July 1951 relating to the status of refugees, as amended by the New York
Protocol of 31 January 1967.
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Guiding Principles on Human Rights in the Return of Trafficked Persons