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table of contents - UN.GIFT.HUB - UN Global Initiative to Fight ...

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United Nations Principles and Guidelines on Human Rights and Human<br />

Trafficking (2002):<br />

Principle 7: Trafficked persons shall not be detained, charged or<br />

prosecuted for the illegality <strong>of</strong> their entry in<strong>to</strong> or residence in countries <strong>of</strong><br />

transit and destination, or for their involvement in unlawful activities <strong>to</strong> the<br />

extent that such involvement is a direct consequence <strong>of</strong> their situation as<br />

trafficked persons.<br />

Principle 8: States shall ensure that trafficked persons are protected from<br />

further exploitation and harm and have access <strong>to</strong> adequate physical and<br />

psychological care. Such protection and care shall not be made conditional<br />

upon the capacity or willingness <strong>of</strong> the trafficked person <strong>to</strong> cooperate in<br />

legal proceedings.<br />

Guideline 4: Ensuring an adequate legal framework<br />

States should consider:<br />

5. Ensuring that legislation prevents trafficked persons from being<br />

prosecuted, detained or punished for the illegality <strong>of</strong> their entry or residence<br />

or for the activities they are involved in as a direct consequence <strong>of</strong> their<br />

situation as trafficked persons.<br />

6. Ensuring that the protection <strong>of</strong> trafficked persons is built in<strong>to</strong> antitrafficking<br />

legislation, including protection from summary deportation or<br />

return where there are reasonable grounds <strong>to</strong> conclude that such<br />

deportation or return would represent a significant security risk <strong>to</strong> the<br />

trafficked person and/or her/his family.<br />

8. Making effective provision for trafficked persons <strong>to</strong> be given legal<br />

information and assistance in a language they understand as well as<br />

appropriate social support sufficient <strong>to</strong> meet their immediate needs. States<br />

should ensure that entitlement <strong>to</strong> such information, assistance and<br />

Legal / Policy Materials Compilation, Day 2, Part 1 - 83 -

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