A/HRC/17/35
trafficked children, to ensure the provision of appropriate care and support, as well as the
prosecution of the perpetrators.49
57.
Consideration of the best interests of the child also extends to the question of what
form of reparation would be most appropriate for the child. For example, while the right to
compensation should be equally available to trafficked children and adult trafficked
persons, many children do not have bank accounts and the capacity to manage money.
Where the child’s parents were complicit in the crime of trafficking, it may not be in the
best interests of the child to transfer the compensation payment to the parents on trust for
the child. From this perspective, there is a need to frame remedies for trafficked children
more broadly and creatively. The best interests of the child formula suggests that reparative
measures for trafficked children should be geared towards building a comprehensive child
protection system which guarantees children’s rights, such as the right to education, the
right to health and the right to physical and psychological recovery and social reintegration
in the case of child victims of exploitation. In this regard, the repatriation and reintegration
programme for the Pakistani child camel jockeys mentioned in paragraph 21 above is a
unique example of linking the entitlement to a monthly cash grant to the school attendance
rate of 80 per cent by the children.
58.
Another general principle of the Convention on the Rights of the Child that is
specifically relevant in this context is that States are required to respect the rights of
children to express their views freely in all matters affecting them and to provide them with
the opportunity to be heard in any relevant judicial and administrative proceedings. In order
to enable the child to enjoy such participation, it is crucial to guarantee that the child has
effective access to information on all matters affecting his or her interests, such as his or her
situation, entitlements, services available and the family reunification and/or repatriation
processes.50 A study of children’s experiences of reparations programmes reveals that in
many cases, children “lack access to adequate information presented in a child-friendly
format, often because they are not explicitly considered…”.51 While the study did not
particularly focus on trafficked children, it clearly points to the lacuna in the provision of
relevant information to children who are entitled to seek reparations for the harms suffered.
59.
The need to ensure active participation of children also implies that the child should
be provided with legal representation without costs to the child, as well as with
interpretation into the native language of the child, as necessary. In a number of States,
children are entitled by law to access to legal assistance. It is not clear, however, to what
extent this right has been implemented in practice, as many States do not keep track of the
number of trafficked children receiving legal assistance.52 It has also been reported by
practitioners that trafficked children have limited access to lawyers who are specifically
trained in children’s rights and the issues of child trafficking, which is compounded by the
lack of legal and interpretative assistance provided to trafficked persons in general.
49
50
51
52
16
ECPAT International, Their Protection is in Our Hands (Bangkok, 2009), p. 37.
United Nations Children’s Fund (UNICEF), Guidelines on the Protection of Child Victims of
Trafficking (New York, 2006), guideline 2.5.
Dyan Mazurana and Khristopher Carlson, “Children and reparation: past lessons and new directions”,
UNICEF Innocenti working paper (June 2010), p. 16.
European Union Agency for Fundamental Rights, Child Trafficking in the European Union:
Challenges, Perspectives and Good Practices (Luxembourg, 2009), p. 81.
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