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”. 23

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