28 Swiss. Rev. Int'l & Eur. L. 151 (2018)
Human Trafficking and Asylym: The Implementation of International Standards for Victim Protection in the Swiss Asylum Procedure

handle is hein.journals/sriel28 and id is 153 raw text is: 


Human Trafficking and Asylum: The implementation of International
Standards   for Victim protection  in the Swiss Asylum   Procedure

Nula Frei*

Human   trafficking can also take place in the area of asylum, for example when traf-
fickers instruct victims to apply for asylum in order to gain access to the territory or
when  a person seeks protection from trafficking-related risks in her country of origin.
My  doctoral thesis, written in German, aims to contribute to the discussion on the
fight against human trafficking, both on a theoretical and a practical level, and ana-
lyses the implementation of existing international victim protection standards in the
Swiss asylum procedure. Until recently, discussions in Switzerland regarding human
trafficking mainly focused on immigration  and criminal law, whereas the asylum
field remained underrepresented both in practice and in the scholarly literature.
    The monograph   consists of fourteen chapters, grouped into three parts. In the
first part, I present unpublished statistical data as wellas an analysis offirst andsecond
instance asylum cases to illustrate the number and characteristics of (detected) cases
of victims of trafficking in the Swiss asylum system. Subsequently, I identify the ap-
plicable internationalframework for the protection and support of victims of human
trafficking and its constitutional equivalents in Switzerland. The interplay of these
provisions results in detailed and far-reaching State obligations, which apply inde-
pendently of any criminal proceedings and include the detection and identification
of victims, the granting of a recovery and reflection period and the possibility to ob-
tain a residence permit, physical protection, provision of assistance and support as
well as the obligation to ensure a safe and dignified return.
    In part II, I examine the substantialprotection ofvictims in the asylum procedure,
i.e. the question of refugee status and subsidiary protection for persons who fear traf-
ficking or trafficking-related risks in their countries of origin. I conclude that traf-
ficking is a severe human rights violation and should in principle constitute persecu-
tion, but that the availability of state protection is in practice often examined only
superficially. With regards to the convention ground, <<membership of a particular
social group>> is the most controversially discussed ground with regard to human
trafficking. Objecting to the current practice, which often also implicitly denies the
causal link between persecution and convention ground in trafficking cases, I argue

*  Oberassistentin, Institute of European Law, University of Fribourg.

28 SRIEL (2018)


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