A/HRC/26/18
(b)
Are promptly and accurately identified, including through adequate
procedures and appropriate training for State officials and cooperation between relevant
authorities and non-governmental organizations;
(c)
Are fully and promptly informed, in a language and form they understand, of
their legal rights, including their right to have access to remedies, the remedies available,
and procedures for obtaining remedies;
(d)
Are provided with a reflection and recovery period, whether as identified or
presumed victims, with access to such services as housing and psychological, medical,
social, legal, employment, professional and material assistance. Following the said
reflection and recovery period, a victim of trafficking in persons should be provided with
any residence status necessary, such as to allow the victim of trafficking to exercise his or
her right to remain during proceedings or as a form of restitution;
(e)
Are provided with assistance necessary to have access to remedies, regardless
of their immigration status, including medical, psychological, social, administrative and
qualified linguistic and legal assistance, such as free legal aid;
(f)
Are not detained, charged or prosecuted for activities that are a direct
consequence of their situation as victims of trafficking in persons, including for violations
of immigration law;
(g)
Have a right to remain lawfully in the country in which the remedy is being
sought for the duration of proceedings, without prejudice to any claim they may have to the
right to remain on a more permanent basis as a remedy in itself;
(h)
Have equal access to the right to remedy, including by ensuring that all
investigations, prosecutions and other mechanisms are gender-sensitive; take into full
account the different assistance and protection needs of women, men, girls and boys;
address sexual and gender-based violence appropriately; ensure that victims are able to
come forward to seek and obtain redress; prevent discriminatory evidence and afford equal
weight to the testimony of women and girls; and avoid trauma, re-victimization and
stigmatization;
(i)
Have access to remedies that is not dependent upon their capacity or
willingness to cooperate in legal proceedings;
(j)
Have their rights, and the rights of their families and witnesses, to safety
(including from intimidation and retaliation), privacy and confidentiality protected before,
during and after proceedings.
III.
A.
Forms of the right to remedy
Restitution
8.
States shall provide restitution that, whenever possible, restores the victim to the
original situation before the trafficking except in circumstances that place the victim at risk
of being re-trafficked or of further human rights violations.
9.
Restitution includes, as appropriate:
(a)
Restoration of liberty, including release of the victim from detention;
(b)
Enjoyment of human rights and family life, including reunification and
contact with family members;
(c)
Safe and voluntary repatriation to one’s place of residence, if applicable;
13
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