DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
appropriate referrals. The cost and language delivery of services, and lack of gender or cultural
sensitivity are further barriers. Victims may fear being forced into a rehabilitation program or
cooperation with law enforcement authorities without their consent. Protection and assistance
measures are frequently made conditional upon cooperation with law enforcement agents in the
investigation and prosecution of trafficking offences. Engagement with the criminal justice
system may result in re-traumatization due to the lack of sensitivity from anti-trafficking
practitioners or secondary victimization, including prosecution for offences committed as a
result of being trafficked or deportation for immigration offences such as irregular entry into a
country or working without a work permit.193
72.
Strengthen the unconditional assistance and protection provided to victims of
trafficking:
a) Ensure that victims understand their entitlements to support and the continuity
of their rights and entitlements when there is a change in their residence or legal
status of the victim;194
b) Apply a due diligence framework to risk assessment of trafficked persons so that
they are protected against further rights violations;
c) Adopt a gender-sensitive policy and procedures manual for the protection of
trafficked victims, including as related to the identification of their needs for
assistance and support, development, implementation and monitoring of the
rehabilitation plans, and reporting to the national anti-trafficking coordination
authorities on the progress achieved with due consideration to data protection and
confidentiality;195
d) Provide linguistic and culturally appropriate gender-sensitive emergency and
longer-term medical and social services that are accessible to all trafficking
victims, regardless of their immigration status without fear of arrest or
deportation;196
e) Strengthen the provision of services to all victims of trafficking by providing
enhanced human, technical and financial resources to social work centres and
targeted training for social workers and medical staff dealing with victims; 197
f) Allocate adequate resources to establish sufficiently funded, well-equipped,
separate shelters, or specialized units within existing shelters and crisis centres,
with specially trained staff that focus on the provision of assistance specifically to
women victims of trafficking ensuring they are treated with dignity and in a
confidential manner;198
g) In consultation with women civil society organizations, develop and implement
standard operating procedures for these shelters which ensure consistent and high
level service provision for victims;
h) Provide free and immediate access to these specialized shelters, high-quality
medical care, psychosocial counselling, financial support, and educational and
193
A/71/303 (2016), para. 35.
para. 27(c), CEDAW/C/NOR/CO/9.
195
para. 26(a), CEDAW/C/BRB/CO/5-8.
196
para. 41, CEDAW/C/ECU/CO/8-9; para. 37(e), CEDAW/C/THA/CO/6-7; para. 40(d),
CEDAW/C/ITA/CO/7; para. 42(a), CEDAW/C/BHR/CO/3; para. 31(f), CEDAW/C/SAU/CO/3-4.
197
para. 29(c), CEDAW/C/CHE/CO/4-5; para. 25(d), CEDAW/C/NER/CO/3-4; para. 30(f),
CEDAW/C/ITA/CO/7.
198
para. 42(c), CEDAW/C/ARE/CO/2-3; para. 23(b), CEDAW/C/TTO/CO/4-7; para. 26(e),
CEDAW/C/BRB/CO/5-8; para. 31(d), CEDAW/C/UKR/CO/8; para. 23(d), CEDAW/C/ARG/CO/7;
para. 27(e), CEDAW/C/KEN/CO/8; para. 28(d), CEDAW/C/BWA/CO/4; para. 19(e),
CEDAW/C/ARM/CO/5-6; para. 23(c), CEDAW/C/SGP/CO/5; para. 28(a), CEDAW/C/NGA/CO/7-8;
para. 19(f), CEDAW/C/ARM/CO/5-6.
194
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