A/HRC/17/35
Annex I
Draft basic principles on the right to an effective remedy for
trafficked persons
1.
Rights and obligations
1.
Trafficked persons as victims of human rights violations have the right to an
effective remedy for harms committed against them.
2.
All States, including countries of origin, transit and destination, are obliged to
provide or facilitate access to remedies that are fair, adequate and appropriate to all
trafficked persons within their respective territory and subject to their respective
jurisdiction, including non-citizens, for harms committed against them.
3.
The right to an effective remedy encompasses both a substantive right to reparations
and procedural rights necessary to access reparations.
4.
In substance, trafficked persons should be provided with adequate reparations for the
harms suffered, which may include restitution, compensation, recovery, satisfaction, and
guarantees of non-repetition.
5.
Trafficked persons should also be provided with access to a competent and
independent authority in order to successfully obtain reparations. This necessitates, at a
minimum, the provision of:
(a)
Information concerning their rights, the reparations available and the
existence of and modalities for accessing reparation mechanisms;
(b)
Legal, medical, psychological, social, administrative and other assistance
necessary in seeking remedies;
(c)
A reflection and recovery period, followed by residence status while
trafficked persons seek remedies.
2.
Realizing the right to a remedy
6.
States shall:
(a)
Ensure that adequate procedures are in place to enable quick and accurate
identification of trafficked persons and provide adequate training to law enforcement and
other agencies that might come in contact with trafficked persons;
(b)
Ensure that trafficked persons are not subjected to discriminatory treatment in
law or in practice on any ground, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status, including their age,
their status as victims of trafficking, their occupation or types of exploitation to which they
have been subjected;
(c)
Give due consideration to individual circumstances of trafficked persons to
ensure that remedies are centered on the empowerment of trafficked persons and full
respect for their human rights. At a minimum, States should “do no harm” and ensure that
remedial proceedings are not detrimental or prejudicial to the rights of trafficked persons
and their psychological and physical safety.
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