Article 7
Status of victims of trafficking in persons
in receiving States
1. In addition to taking measures pursuant to article 6 of this
Protocol, each State Party shall consider adopting legislative or other
appropriate measures that permit victims of trafficking in persons to remain
in its territory, temporarily or permanently, in appropriate cases.
2. In implementing the provision contained in paragraph 1 of this
article, each State Party shall give appropriate consideration to
humanitarian and compassionate factors.
Article 8
Repatriation of victims of trafficking in persons
1. The State Party of which a victim of trafficking in persons is a
national or in which the person had the right of permanent residence at the
time of entry into the territory of the receiving State Party shall facilitate
and accept, with due regard for the safety of that person, the return of that
person without undue or unreasonable delay.
2. When a State Party returns a victim of trafficking in persons to
a State Party of which that person is a national or in which he or she had, at
the time of entry into the territory of the receiving State Party, the right of
permanent residence, such return shall be with due regard for the safety of
that person and for the status of any legal proceedings related to the fact
that the person is a victim of trafficking and shall preferably be voluntary.
3. At the request of a receiving State Party, a requested State
Party shall, without undue or unreasonable delay, verify whether a person
who is a victim of trafficking in persons is its national or had the right of
permanent residence in its territory at the time of entry into the territory of
the receiving State Party.
4. In order to facilitate the return of a victim of trafficking in
persons who is without proper documentation, the State Party of which that
person is a national or in which he or she had the right of permanent
residence at the time of entry into the territory of the receiving State Party
shall agree to issue, at the request of the receiving State Party, such travel
documents or other authorization as may be necessary to enable the person
to travel to and re-enter its territory.
5. This article shall be without prejudice to any right afforded to
victims of trafficking in persons by any domestic law of the receiving State
Party.
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