A/HRC/26/18 main obstacles identified included poor implementation and interpretation of existing national legal frameworks, limited resources, capacities and infrastructure dedicated to the issue, and also gaps in identification and the tendency to criminalize victims, coupled with restrictive immigration policies. 15. During discussions on the substantive components of the right to an effective remedy, Member States and stakeholders highlighted the importance of a victim-centred and human rights-based approach, as well as the need to develop holistic, comprehensive and integrated services for victims of trafficking. Discussions on compensation triggered questions on and requests for a better conceptual definition of compensation and identification of channels through which victims can obtain compensation, delineating the responsibilities of both State and non-State actors while taking the specificities of judicial systems (common law as against the civil law system) into consideration. 16. With regard to the procedural components of the right to a remedy, participants highlighted the fact that citizenship and residency status should not be determining factors in the provision of assistance, and that States must move from a national security approach to a human rights- and victim-centred perspective to combat trafficking. Greater security and protection must be systematically offered to victims of trafficking so that they may have access to redress and recovery, through non-criminalization, the granting of unconditional assistance, the provision of temporary residence status and subsistence support. Some also stressed that the realization of procedural preconditions depended heavily on the capacity-building and training of all relevant stakeholders, including law enforcements agents and legal practitioners, as well as social services providers and civil society partners. 17. Another common theme that emerged during the consultations was the importance of cooperation and partnership at both the national and international levels with regard to mutual legal assistance and victim care. It was stressed that, at the national level, cooperation between Governments and non-governmental organizations was vital in the identification of victims and the implementation of recovery, rehabilitation and reintegration measures. At the same time, cross-border cooperation between States was also identified as necessary to ensure redress through mutual legal assistance in investigations and prosecutions, safe repatriation, guarantees of non-repetition and compensation of victims by means of joint efforts in tackling the root causes of vulnerability in countries of origin. 18. Member States referred to the ongoing challenges in prosecuting trafficking offences and the high degree of impunity for such violations, and requested guidance in reconciling the right to an effective remedy, including unconditional support for victims, with the effective prosecution of traffickers, which is possible only with the cooperation of victims. V. Substantive components of the right to an effective remedy A. Restitution and recovery (rehabilitation) 19. The aim of restitution was outlined at different consultations; it was suggested that the concept of the“best interest of the trafficked person” should be clearly defined to avoid different interpretations. 20. The non-obligatory nature of recovery in the Palermo Protocol was identified as an obstacle to the effective realization of the right to restitution and recovery, since it generally uses exhortative rather than prescriptive language with regard to provisions on victims’ rights. 6

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