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Results for victims of human trafficking, service for

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Author: Craggs, Sarah,

Title: Rights, Residence, Rehabilitation: A Comparative Study Assessing Residence Options for Trafficked Persons

Summary: Increased attention has been given to the issue of “reflection periods” and temporary residence permits as a means to both ensure the protection of trafficked persons and strengthen the investigation and prosecution of traffickers. This study aims to assess how legal norms pertaining to the right to residence are being translated into practice. It provides a comparative legal and practice-based assessment of the application of the right to residence in four countries, namely Austria, Belgium, Italy and the United States of America. Field work was undertaken in all four countries in July and August 2009. The findings are drawn from 46 interviews held with a diverse range of participants. The research was conducted at the request of the donor, the Swiss Federal Department of Foreign Affairs, Directorate of Political Affairs, Political Affairs Division IV. The research process was guided by a number of key research questions with the aim to: assess the legal frameworks in each respective country; examine how the given regulations are applied in practice; assess whether there are any discrepancies with the literal text of the law; and document the experiences and developments that have been made in the four countries in terms of the pertinent frameworks. The research findings reflect this focus; however, the authors acknowledge that the issues of residence and rehabilitation for trafficked persons – whether in the country of exploitation and/or identification, the home country, or a country of resettlement – demand continued attention. The report demonstrates that one of the key barriers to the efficiency of the residence permit procedure remains the manner in which legislation is being translated into practice. There are gaps in existing laws and, in addition, these laws are not always fully implemented. On the other hand, practice by law-enforcement authorities and other actors often goes further than the provisions in the law. In short, there is little consistency and the treatment of victims can vary greatly, depending on the city where they are identified or which agency or individual conducts their interview.

Details: Geneva: International Organization for Migration, 2010. 141p.

Source: Internet Resource: International Migration Law, No. 24: Accessed April 28, 2011 at: http://publications.iom.int/bookstore/free/IML24.pdf

Year: 2010

Country: International

URL: http://publications.iom.int/bookstore/free/IML24.pdf

Shelf Number: 121563

Keywords:
Human Trafficking
Victims of Human Trafficking, Service for