A/HRC/17/35
administrative proceedings, without prejudice to any claim they may have to
the right to remain on a more permanent basis as a remedy in itself;
(v)
Laws and procedures are in place to support the seizure of the proceeds of
trafficking and confiscation of traffickers’ assets, and explicitly indicate that
such proceeds and assets are intended in the first instance to compensate
trafficked persons and in the second instance for general provision of
remedies to trafficked persons;
(vi)
Effective measures are in place for the enforcement of reparation judgements
including foreign judgements.
10.
In cases of trafficked women and girls who have been subjected to sexual and
gender-based violence, States should take into account potential risks of psychological
harm, stigma and communal and family ostracism that judicial proceedings may impose on
them and provide measures to afford adequate protection to those women and girls affected,
while creating opportunities to seek compensation through non-judicial avenues.
3.
Trafficked children
11.
States shall:
(a)
Ensure that the best interests of the child are a primary consideration in
providing trafficked children with remedies, taking into account the individual
circumstances of the child, including his or her age, upbringing, ethnic, cultural and
linguistic background and protection needs;
(b)
Respect the child’s right to express his or her views freely in all matters
affecting the child. To this end, States should provide trafficked children with effective
access to information on all matters affecting their interests, such as their situation,
entitlements, services available and the family reunification and/or repatriation process;
(c)
Take measures to ensure adequate and appropriate training, in particular legal
and psychological training, for persons working with trafficked children on specific rights
and obligations in cases involving children.
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