A/HRC/17/35
(a)
Restitution
7.
States shall:
(a)
Place the best interests of trafficked persons at the centre in providing
measures of restitution;
(b)
Provide trafficked persons with temporary or permanent residence status as a
form of remedy where a safe return to the country of origin cannot be guaranteed, may
place them at risk of persecution or further human rights violations, or is otherwise not in
their best interests;
(c)
Effectively address the root causes of trafficking in order to ensure that
trafficked persons are not returned to the pre-existing situation which places them at risk of
being re-trafficked or further human rights violations.
(b)
Recovery
8.
States shall:
(a)
Provide a non-conditional reflection and recovery period, during which
trafficked persons are provided with measures necessary for the physical, psychological and
social recovery, including, but are not limited to: appropriate housing, counselling and
information about their situations and legal rights; medical, psychological and material
assistance; and employment, educational and training opportunities;
(b)
Ensure that trafficked persons’ access to assistance and other benefits are
under no circumstances dependent upon their cooperation in legal proceedings.
(c)
Compensation
9.
States shall:
(a)
Ensure that laws, mechanisms and procedures are in place to enable
trafficked persons, if they desire, to:
(i)
Obtain civil damages for trafficking-related offences, including breaches of
labour laws;
(ii)
Secure awards or orders from criminal courts for compensation from persons
convicted of trafficking-related offences;
(iii)
Gain access to compensation from the State for injuries and damages.
(b)
Address the common obstacles for trafficked persons to obtain compensation
for their material and non-material damage. To this end, they should ensure that:
(i)
All trafficked persons have a legally enforceable right to obtain
compensation, irrespective of their immigration status and of whether their
perpetrators have been convicted;
(ii)
Trafficked persons are fully informed of their legal rights, including their
rights to have access to remedies through judicial, labour and administrative
proceedings, promptly and in a language and form they understand;
(iii)
Trafficked persons seeking to access remedies are provided with necessary
assistance to this end, including social assistance, free and qualified legal aid
and representation, and, where necessary, qualified interpreters, regardless of
their immigration status;
(iv)
Trafficked persons are allowed to lawfully remain in the country in which the
remedy is being sought for the duration of any criminal, civil, labour or
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