Johanna Westeson - The ICHRP

of the trafficked person before returning her, which is not the same as a risk-assessment of
the situation in the country of origin. A clear risk assessment is only mandated in relation
to trafficked children; nevertheless, comments suggest that the host country must take on at
least a minimum of responsibility for the well being of the trafficked person upon return.
In domestic legislation, as seen, these different approaches appear to varying degrees.
Moldova offers a generous package to trafficked persons of protection and assistance
during the reflection period, unconditional of legal status or willingness to collaborate.
Moldova is also mandated by law to conduct a risk assessment before a trafficked person
can be returned to his or her country of origin. Ireland also provides for assistance and
support during the reflection and recovery period, but, if temporary residence status is
granted, such status can be terminated abruptly once the investigation is finalized. The
length of the reflection period varies; in Moldova it is 30 days, in Ireland 45 days, and in
the Netherlands a full three months. After the reflection period, all three countries
condition a temporary residence permit on the trafficked person’s willingness and ability to
cooperate with law enforcement authorities.
Here should be highlighted that according to both regional and domestic laws, the two
models for permitted stay in the host country are very different in nature. The entitlement
to a recovery and reflection period without special preconditions, and during which
medical and psychological services are available, is based on rights-concerns and is in the
interest of the trafficked person. The granting of temporary residence permission, on the
other hand, tends to be exclusively in the interest of the authorities: it is conditioned by full
cooperation with the law enforcement agencies, and can (at least according to EU law and
in Ireland and the Netherlands, as discussed above) be revoked as soon as the investigation
is over. The Dutch provision, also offering a possibility to grant residence status under
particular distressing circumstances to a person on merely humanitarian grounds, deviates
from this binary model and provides a solution that better takes into account the
complicated psychological and structural dynamics often involved when human trafficking
has occurred.
6. ACCESS TO HEALTH SERVICES IN RELATION TO SEX
AND SEXUALITY
Introductory remarks 711
Health services, as well as health systems that organize and ensure the appropriate delivery
of health services and goods, are essential for the promotion of sexual health.
The structure and delivery of health care must be seen as contributing to the experience of
being a full member of one’s society, a valued person. 712 A health and human rights-based
approach to health services focuses not only on the technical and clinical quality of
services, but also on the design, delivery, and use of these services. In addition to
evaluating the impact of health services on the rights to health and life of all persons
without discrimination, a rights-based analysis examines how the structure and delivery of
711 These introductory remarks have been drawn from general WHO chapeau text elaborated by Alice M.
Miller and Carole S. Vance.
712 See UN Millennium Project, Task Force on Child and Maternal Health (2005).
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