The status of the victim in the receiving state was a critical issue in the
negotiations. While NGOs and the Inter-Agency Group argued strongly for the inclusion of some kind of right of trafficked persons to remain in the
receiving country, at least temporarily, this was never a serious option. Most
delegations were concerned that the inclusion of such a right would further
encourage illegal migration and actually benefit traffickers.9 3 At the same
time, it was recognized that there was, in some cases, a legitimate need for
victims to remain in their country of destination "for humanitarian purposes
and to protect them from being victimized again by traffickers." 94 The final
text provides that the state party is to consider adopting legislative or other
measures permitting victims of trafficking to remain in their territories
temporarily or permanently 'in appropriate cases 95 with "appropriate
consideration" being given to humanitarian and compassionate factors.96 It
was noted that humanitarian factors, in this context, referred to "the rights
established in the human rights instruments" and, as such, applied to all
persons.