Description: The last decade has
witnessed an increase in legal and policy debate on the rights of
trafficked persons, but should such rights extend to the right to
residence in the host country? If so, under what circumstances? This
IOM multi-country research report examines this very issue.
There has been significant attention given to the issue of “reflection
periods” and “temporary residence permits” as a means to ensure the
protection of trafficked persons. This has been demonstrated through the
incorporation of relevant provisions in international, regional and
national instruments. The report analyses the legal framework on
residence options for trafficked persons and how these legal norms are
being translated into practice.
Based on a comparative legal and practice-based assessment of the
application of the right to residence in four selected countries
(Austria, Belgium, Italy, United States of America), the research
reveals that trafficking victims are rarely seen as the holder of
rights. Instead, they are often seen as “instruments” in investigations
or prosecution because the right to residence is linked to law
enforcement cooperation; and where such rights exist, they are poorly
implemented or subject to strict eligibility criteria. Yet even though
only one of the national laws focus on the rehabilitation of the
trafficked person, in all four countries the practice by law enforcement
and other actors sometimes go further than the provisions in the law.
The report concludes by offering a number of good practices for the
anti-trafficking community.
Table of contents
- Acknowledgements
- Executive summary
- List of acronyms
- PART 1: Introduction
- PART 2: Universal instruments
- PART 3: Regional instruments: European Union law and Council of Europe standards
- PART 4: Overview of the national legal frameworks
- PART 5: Assessment of the practical implementation of the legal frameworks: Challenges, choices and conditional cooperation
- PART 6: Conclusion
- References
- Annex
Number of pages: 137
Format: Hardcopy, Electronic copy
Volume/Number: 24
This product was added to our catalogue on Thursday 14 April, 2011.
IDM
