A/HRC/26/18
provision of support to parents for child care, access to school and the introduction of free
and compulsory basic education programmes as part of rehabilitation and reintegration
initiatives. Participants also stressed that, in cases of voluntary repatriation, it was vital to
ensure safe return by monitoring and evaluating the victim’s environment of origin, and
also to ensure that the family was not a direct actor in the trafficking of the child.
39.
Participants in the consultations further highlighted the fact that greater awareness of
existing gender biases was needed in the rescue and rehabilitation of girl child victims.
They pointed out that girls trafficked for sex work often did not receive sufficient attention
or care from social workers, and that their cases had often been handled as cases of juvenile
delinquency rather than of victims of human rights violations. Proposed ways to counter
such biases included giving equal weight to the testimonies of women and girls and the
sustained fight against biases and inequalities, which foster the vulnerability of female
victims.
VIII. Revision process
40.
The draft basic principles were revised on the basis of existing international human
rights law and standards, as well as oral inputs and some 30 written submissions received
during the consultative process from a large range of stakeholders, including Member
States, experts, participants, inter-governmental bodies and organizations and civil society.
While a more detailed explanatory note on the revision process is forthcoming, some of the
key changes are summarized below.
41.
The term “trafficked persons” was replaced with “victims of trafficking in persons”,
for the sake of consistency with the scope of the right to remedy under international law,
such as when a right to remedy is due to the family of a deceased victim of trafficking.
42.
In response to requests by States for greater clarity on when international law
mandates the right to remedy, section I (rights and obligations) clarifies the obligation of
the State to provide a right to remedy – including restitution, compensation, rehabilitation
and recovery, satisfaction and guarantees of non-repetition – when it commits an
internationally wrongful act, meaning either that the harm is attributed to the State or it has
failed to exercise due diligence. States have also an international obligation to provide
and/or facilitate remedies if mandated by binding international law, such as in the treaties to
which it is party. These obligations exist independently of any finding of State
responsibility for the original harm and include, for example, the obligation of States parties
to provide the possibility of compensation under article 6 (6) of the Palermo Protocol.
43.
In response to a number of submissions, the basic principles also emphasize the
importance of bilateral and multilateral State cooperation, enabling States thereby to meet
their obligations on the right to a remedy, as well as of the principle of non-refoulement and
access to asylum procedures as components of the right to an effective remedy.
44.
Section II (on access to the right to a remedy) defines other procedural elements of
the right to remedy and, in response to the submissions received, further clarifies areas such
as the nature of assistance necessary for access to remedies, the scope of the reflection and
recovery period, and ensuring equal access to the right to remedy, including through
gender-sensitive mechanisms. The principle of non-punishment of victims of trafficking in
persons and the rights to safety, privacy and confidentiality were also added as a result of
the consultative process.
45.
Section III (on forms of the right to remedy) addresses the substantive elements of
the right to remedy, and now incorporates international law definitions of each of the forms
of the right to remedy, further detail on operationalizing the remedies of restitution,
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