A/HRC/17/35 and assist the victims of such trafficking, with full respect for their human rights” (art. 2) to imply obligations of States parties to implement these measures to the maximum of their available resources. 26. While many States have made positive progress in establishing and providing services to support recovery of trafficked persons, a number of challenges remain in ensuring that these services are provided in a manner that is non-discriminatory and enhances the human rights of trafficked persons. In some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked. It appears that the distribution of services often seems to be skewed towards foreign adult women trafficked for sexual exploitation. Furthermore, many States make access to recovery services conditional upon the capacity or willingness of trafficked persons to cooperate with law enforcement authorities, which is contrary to “the fundamental tenet of the human rights approach to trafficking”.17 27. A related concern is the absence in many States of a “reflection and recovery period”, during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation. Given the high degree of trauma experienced by trafficked persons, empirical evidence suggests that a minimum period of 90 days is required in order to ensure that the cognitive functioning of trafficked persons improves to a level at which they are able to make informed and thoughtful decisions about their safety and well-being, and provide more reliable information about trafficking-related events.18 This issue of a “reflection and recovery period” will be explored further in section D, subsection 3. 3. Compensation 28. Compensation should be provided for economic assessable damage to the extent that such damage cannot be made good by restitution. It may be provided as payment for a wide range of injury, loss or damage caused by the offender, including, for example: costs of medical, physical, psychological or psychiatric treatment required by the victim; lost income and due wages; legal fees and other similar costs; and payment for non-material damages, resulting from moral, physical or psychological injury, emotional distress, pain and suffering.19 29. Reparation in the form of compensation appears to be most widely recognized among States in the context of trafficking in persons. The Palermo Protocol specifically requires States Parties to ensure that victims of trafficking have “the possibility of obtaining compensation for damage suffered” (art. 6, para. 6). Notably, however, the provision under the Palermo Protocol falls short of requiring States Parties to ensure that trafficked persons actually receive compensation. The obligation of States under the Palermo Protocol is discharged if States establish: (a) provisions allowing victims to sue offenders or others for 17 18 19 8 Recommended Principles and Guidelines on Human Rights and Human Trafficking: Commentary (United Nations publication, Sales No. E.10.XIV.1), p. 142. The London School of Hygiene & Tropical Medicine, “Stolen smiles: a summary report on the physical and psychological consequences of women and adolescents trafficked in Europe” (London, 2006), p. 3. UNODC Model Law on Trafficking in Persons, art. 28, para. 3.