A/HRC/17/35
Recovery
65.
States should provide trafficked persons with assistance in realizing their full
recovery on a non-conditional basis, duly taking into account the individual
circumstances and needs of each trafficked person.
66.
States should provide trafficked persons with a reflection and recovery period
of at least 90 days once they are identified as trafficked persons in order to ensure
their full physical and psychological recovery and to make an informed decision about
their course of action. This period should be provided separately and independently of
temporary residence permits and trafficked persons should be given medical,
psychological, legal, social and other assistance they may require for their recovery
during this period on an unconditional basis.
Compensation
67.
As a strategy to enhance the right of trafficked persons to successfully seek
compensation, States should ensure that trafficked persons are equipped with the
means, assistance and status necessary to exercise this right, namely, access to
information, free legal assistance and other assistance necessary to ensure their full
recovery, and regular residence status.
68.
Particular attention should be paid in legal proceedings involving trafficked
persons to procedural guarantees such as the right to privacy, safety and witness
protection.
69.
Increased efforts should be made to train key stakeholders, in particular
prosecutors and judges, on laws and issues pertaining to trafficking in persons.
Training, education and sensitization aimed at other actors, and society at large, could
also make a crucial contribution to the effective implementation of the right to an
effective remedy for trafficked persons, including through the promotion of a victims’
rights culture and measures to counter stigma.
70.
States should establish legislative provisions for the confiscation of assets and
proceeds of trafficking offences, and for the use of such assets and proceeds to
compensate trafficked persons. States should also adequately train law enforcement
officials in identifying, tracing, freezing and confiscating assets connected to the crime
of trafficking.
71.
Where State-funded compensation schemes for victims of crime exist, States
should abolish eligibility criteria which have the effect of preventing trafficked
persons from seeking compensation, such as nationality and long-term residence
requirements. Where no compensation scheme exists, States should consider
establishing one that provides compensation to trafficked persons and using
confiscated assets and tax deductible voluntary donations to finance such a scheme.
Compensation through such scheme should be available to all groups of trafficked
persons on a non-discriminatory basis.
Provision of information
72.
States should establish and effectively implement obligations on the part of
relevant authorities and officials who come into contact with trafficked persons to
provide them with information on the right to a remedy, mechanisms and procedures
available to exercise this right, and how and where to obtain necessary assistance.
73.
States should develop guidelines on the appropriate form, content and language
of the information to be provided to trafficked persons and ensure that they properly
apply the guidelines. In such guidelines, States should ensure that information is easily
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