A/HRC/26/18
(d)
Temporary or permanent residence status, refugee status or third-country
resettlement on such grounds as the inability of States to guarantee that return is safe for
victims of trafficking in persons and/or their families, respect for the principle of nonrefoulement, the risk of re-trafficking and the risk of reprisals;
(e)
Recognition of the victim’s legal identity and citizenship;
(f)
Restoration of the victim’s employment;
(g)
Assistance and support to facilitate social integration or reintegration of
repatriated victims;
(h)
belongings.
B.
Return of property, such as identity and travel documents and other personal
Compensation
10.
States shall provide victims of trafficking in persons with compensation for any
economically assessable damages as appropriate and proportional to the gravity of the
violation and the circumstances of each case. Mere difficulty in quantifying damage shall
not be invoked as a reason to deny compensation.
11. Forms of compensation include, as appropriate:
(a)
(b)
benefits;
Damages for physical or mental harm;
Damages for lost opportunities, including employment, education and social
(c)
Reimbursement of costs of necessary transportation, temporary child care,
temporary housing or the movement of the victim to a place of temporary safe residence;
(d)
Payment for material damages and loss of earnings, including loss of earning
potential, lost income and due wages according to national law and regulations regarding
wages;
(e)
Moral or non-material damages resulting from moral, physical or
psychological injury, emotional distress, pain or suffering;
(f)
Reimbursement of legal fees and other costs or expenses incurred, including
those incurred relating to the participation of the victim in criminal investigation and
prosecution processes;
(g)
Reimbursement of costs incurred for legal or expert assistance; medicine and
medical services; physical, social, psychological or psychiatric treatment or services; or any
occupational therapy or rehabilitation required by the victim;
(h)
Reimbursement for any other costs or losses incurred by the victim as a direct
result of being trafficked and as reasonably assessed by the relevant body or bodies.
12.
States shall ensure that laws, mechanisms and procedures are in place to enable
victims of trafficking in persons to have access to compensation, including:
(a)
To sue offenders or others for civil and/or labour damages;
(b)
To secure awards or orders from criminal courts for compensation from
persons convicted of offences;
(c)
To provide access to established national funds or schemes for victims of
crimes and/or to establish dedicated funds or schemes for victims of trafficking in persons
to claim compensation from the State for damages, including when compensation cannot be
obtained from perpetrators;
14
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