RESIDENCE PERMITS, INTERNATIONAL PROTECTION AND VICTIMS OF HUMAN TRAFFICKING
- Document number
- 3387
- Date
- 22 February 2021
- Title
- RESIDENCE PERMITS, INTERNATIONAL PROTECTION AND VICTIMS OF HUMAN TRAFFICKING
- Author/publisher
- LEFO IBF
- Availability
- View/save PDF version of this document
- Document type(s)
- Research/Study/Analysis,
- Keywords
- Residence REST access international protection Dublin
- Summary
- This report has been developed in the framework of the Project REST, which aims to strengthen the rights to residence and international protection for third-country nationals trafficked in Europe, by examining promising practices, gaps and challenges in their actual access to these rights.
The objective of this report is to explore avenues and challenges, in order to secure a durable solution for trafficked persons in terms of long-term residence and access to socio-economic rights, including the right to work. Trafficked persons’ access to long-term or permanent residence is an integral part of their right to effective remedies. Securing a long-term residence for trafficked persons is one way to guarantee their dignity and foster their access to justice. A durable solution in terms of residence provides trafficked person with a foundation for safety and stability, and hope for a future perspective.
The report puts centre stage the protection of the rights of trafficked persons. It emphasises that they are bearers of rights as women, men, children, victims of crime, victims of gender-based violence, refugees, asylum seekers and migrant workers. It underlines in particular the rights and protection needs of trafficked persons with regard to access to residence and to international protection. It intends to show how integrating and combining protection under the human rights, asylum and anti-trafficking regimes can contribute to strengthening the overall protection of the rights of trafficked persons, and enhance the prospects of long-term residence and the access to durable solutions. To this end, the report analyses the international and European legal framework on access to residence permits and to international protection for trafficked persons.
Then it examines implementation at national level in six countries (Austria, France, Moldova, The Netherlands, Serbia and Spain) - all parties to the CoE Anti-Trafficking Convention, to the ECHR and the 1951 Refugee Convention. It seeks to identify gaps and barriers in international standards, national laws and their practical implementation that challenge the effective protection of trafficked persons. Promising practices for effective access of trafficked persons to durable solutions in terms of their rights, safety and dignity are highlighted.
The report builds on the knowledge, experience and practice of leading anti-trafficking NGOs that support trafficked persons in the process of social inclusion, namely LEFÖ-IBF in Austria, Comité Contre l’Esclavage Moderne (CCEM) in France, Proyecto Esperanza in Spain, CoMensha in the Netherlands, La Strada Moldova in Moldova and Astra in Serbia.