GRETA has paid particular attention to the interface between trafficking in human beings and asylum, dedicating thematic sections in its 5th and 10th General Reports to this issue.
People who have been traﬃcked, or who are at risk of being traﬃcked in the future, may have an entitlement to international protection in a State of which they are not a citizen or permanent resident. States Parties to the Convention should allow for asylum applications to be made while presumed victims of trafficking are in the identification procedure.
GRETA Guidance Note
On 20 June 2020, GRETA issued a Guidance Note on the entitlement of victims of trafficking, and persons at risk of being trafficked, to international protection. It aims to provide guidance for relevant authorities, agencies and organisations in their dealings with trafficked people and those at risk of being trafficked, with the objective that no such person should be compelled to return to their own country if such return would threaten their lives or freedom and jeopardise their rights, in particular the right not to be subjected to slavery, forced labour or servitude and the right not to be subjected to torture, inhuman or degrading treatment.
The Guidance Note analyses the application of the principles of international protection in the context of human trafficking, building upon earlier UNHCR guidelines and highlights the criteria that may entitle victims of trafficking, as well as those at risk of being trafficked, to international protection. including complementary protection.
GRETA General reports
In its 5th General Report, covering the year 2015, GRETA dedicated a thematic section to a number of issues related to the identification and protection of victims of trafficking amongst asylum seekers, refugees and migrants. Since then, GRETA country reports have examined in detail the measures taken by State Parties to combat human trafficking in the context of the unprecedented surge in asylum applications in Europe. In its 10th General Report, covering the year 2020, GRETA presented its most recent observations on the identification of trafficked persons amongst asylum seekers, as well as access to international protection for victims of trafficking.