A/HRC/26/18
33.
The Special Rapporteur emphasized the need for victims to receive information on
their right to obtain remedies, and pointed out that the availability of adequate information
remained a challenge, given that free legal aid was often not available in many countries,
while language often constituted a barrier in victims’ access to information. In the regional
discussions, participants also emphasized that resources and capacities were still broadly
insufficient to cater for victims of trafficking adequately. The limited knowledge of
prosecutors and judges about trafficking issues was identified as a major obstacle. Capacity
gaps were also identified as an impediment to the proper prosecution of trafficking offences
and the awarding of compensation to victims. In this regard, the need for increased
capacity-building efforts and technical cooperation was stressed in all discussions.
34.
According to participants, restrictive immigration policies were a major impediment
in the access to remedies, because many States imposed eligibility criteria for assistance
that often extended to citizenship or immigration status; victims of trafficking were
therefore frequently indirectly denied justice, because they were misidentified and
criminalized as irregular migrants. As a result, they were not given adequate assistance and
protection, but rather faced arrest, detention, deportation or charges for immigration-related
offences, solicitation of prostitution, engagement in irregular work or forgery of identity
documents, thus leaving them without any opportunity to seek redress or compensation.
Such restrictive policies also favour the insidious nature of trafficking, as victims are too
fearful to report to the authorities. Participants stressed that, although the principle of noncriminalization was not reflected in the Palermo Protocol, it was an important issue that had
to be taken into full consideration when implementing anti-trafficking policies. Other
factors that discouraged victims from approaching the authorities included the fear of
retribution, social stigma and the possibility of re-traumatization during legal proceedings.
35.
The Special Rapporteur recommended that victims be provided with residency status
in the country of destination for the duration of their period of reflection, criminal, civil or
administrative proceedings, or even longer if return is not in the best interest of the victim.
In this regard, the issue of victims of trafficking from populations in an emergency or crisis,
such as refugees and displaced persons, was raised, in particular during one consultation;
some participants requested that refugee status or permanent relocation to third countries be
granted to victims in need of international humanitarian protection.
VII. Special considerations for trafficked children
36.
It was widely recognized that children should be offered special protection and
rehabilitation as victims of trafficking, or as minors under the care of parents or guardians
who are themselves victims of trafficking. In this context, the vulnerability of children and
their legal status should be at the centre of measures developed to cater for this category of
victims.
37.
Participants recognized that children were especially vulnerable to intimidation by
traffickers and to the social stigma that can accompany trafficking in persons. These factors
should be taken into consideration in the development and implementation of restitution
initiatives. A longer period of reflection for child victims was recommended, as it is
important to ensure their informed consent through access to information in a medium
accessible and appropriate for them. With regard to compensation, a suggestion was made
that any compensation awarded to child victims should remain partially under the control of
the State so that it may be used by the victims once they reach the age of majority in order
to give them an opportunity to build their future.
38.
Specific recommendations were made with regard to the protection of child victims,
including extending immigration relief to members of the immediate family of victims, the
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