Detection of trafficked persons in shelters: A legal and policy analysis

Publishers Asia Regional Trafficking In Persons Project Document authors Gallagher Anne, Pearson Elaine Zones International Type Report / Study / Data Date of publication 2008 Document main thematic Child Protection/ Related Topic Document thematics Prevention / Treatment /Care Total pages 28

In countries around the world it is common practice for victims of trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. The term “detention” refers here to a very specific situation in which the individual concerned is unable to leave the facility if and when she or he chooses to.
This Study considers the international legal aspects of victim detention in shelters and weighs up the common justifications for such detention from a legal, policy and practical perspective.
The Study concludes that routine detention of victims or suspected victims o trafficking in public or private shelters violates a number of fundamental principles of international law and is therefore to be considered “prima facie”, unlawful.