A/HRC/17/35
Annex II
Summary note of the online discussion on the draft basic
principles on the right to an effective remedy for trafficked
persons
1.
Introduction
1.
From 2 to 21 February 2011, the Special Rapporteur on trafficking in persons,
especially women and children, Ms. Joy Ngozi Ezeilo, launched an online discussion forum
at the UN.GIFT.HUB website (http://www.ungift.org/knowledgehub/) to solicit inputs from
experts and stakeholders on the “draft basic principles on the right to an effective remedy”.
These principles are intended to serve as a useful guidance for States and practitioners on
the content and scope of the right to an effective remedy for trafficked persons and also as
indicators of the minimum obligations of States in the realization of this right.
2.
Summary of the discussion
2.
The main topics discussed were:
• Content of the right to an effective remedy
• Integration of gender perspectives in ensuring remedies for trafficked persons
• Identification of trafficked persons
• Notion of restitution
• Regular residence status
• Rehabilitation, recovery and reintegration
• Remedies for trafficked children
• Compensation funds for trafficked persons
• Cooperation between States and civil society organizations
• Content and format of the draft basic principles
Content of the right to an effective remedy
3.
Drawing on various international, regional and national instruments, one participant
took the view that “the principles that should underlie all protection policy and remedies to
protect the rights of trafficking victims” include “the right to: safety and protection;
individual identity; privacy and confidentiality; dignity; information; services; justice;
normality; participation; decision making; and, freedom of movement”. He cited “the
Cambodian Policy and Minimum Standards for the Protection of the Rights of Victim of
Human Trafficking” as a good example of upholding these rights through the various stages
of the protection response, namely: victim identification; crisis intervention; referral;
reception; case planning; assessment; recovery; reintegration; follow-up; and, case closure.
4.
There was general consensus among the participants that the appropriate form of
remedy may differ from individual to individual, as trafficked persons have “individual
needs and require individually tailored responses”. A “one size fits all” approach is not
applicable, as “individuals will be affected in very different ways and their recovery and
reintegration will differ depending on their experiences, background, resilience, support
network and environment. Some may just need access to universal/generic services while
others will require specialist support”.
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