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Return of Trafficked Persons Basic Principles Nataliya Oliynyk, ODIHR Anti-Trafficking Officer

Return of Trafficked Persons Basic Principles Nataliya Oliynyk, ODIHR Anti-Trafficking Officer. ODIHR Guiding Principles on the return of trafficked persons – a bit of history and context. 1. Return must be safe. Voluntariness Safety Risk assessment Needs assessment. 2. Due Process.

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Return of Trafficked Persons Basic Principles Nataliya Oliynyk, ODIHR Anti-Trafficking Officer

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  1. Return of Trafficked PersonsBasic PrinciplesNataliya Oliynyk, ODIHR Anti-Trafficking Officer

  2. ODIHR Guiding Principles on the return of trafficked persons – a bit of history and context

  3. 1. Return must be safe Voluntariness Safety Risk assessment Needs assessment

  4. 2. Due Process • Decision to return - lawful and individualized • Rights of the trafficked person respected • Comprehensive information and right to appeal provided

  5. 3. Protection measures when return is impossible • Short-term residence permit: • Linked to ongoing judicial proceedings • On humanitarian and other grounds • Long-term residence permit: • International/subsidiary protection • Cooperation with authorities in criminal proceedings

  6. 4: Return of child victims • Child – up to 18 years • Presumption the victim is a child in case of doubt about age • Durable solution (in CoO or CoD) • Best interest of the child • Involvement of the child in decision-making • Temporary residence on humanitarian grounds until return is possible • Guardian and support in integration/reintegration

  7. 5. With no further harm towards durable solution • Re-victimization is a risk which could exclude return • Pre-return detention of trafficked persons should be avoided • Non-discrimination • Re-entry ban is a punishment and should not be imposed • Reintegration based on needs assessment

  8. 6. Return not to hamper access to effective remedies • Reparations • Protection

  9. 7. Cooperation and monitoring • NRM • TRM • Monitoring by CoD and CoO agreed with the trafficked person

  10. THANK YOU! Nataliya.Oliynyk@odihr.pl

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