A/HRC/36/43 V. Components of a comprehensive human rights-based approach to ensure that persons subjected to contemporary forms of slavery have access to justice and remedy 54. Ensuring effective access to justice and remedy for victims of contemporary forms of slavery is rooted in the full and effective application of the rule of law. A strong rule of law relies on effective and equitable delivery of public services, such as criminal, civil and administrative justice, legal aid and assistance and law-making, for all individuals within a jurisdiction, without discrimination. States should take all steps necessary to provide services that ensure the rule of law in a fair, effective, non-discriminatory and accountable manner, and that such services are available and accessible nationwide. 55. The adoption of legislation that criminalizes slavery, practices and institutions similar to slavery and forced labour in order to give effect to the rights of victims as established in international law is essential as a first step to ensuring the right of victims to access to justice. These laws must be fully enforced, along with other relevant laws such as those on minimum wage and non-discrimination by labour inspectors, the police, courts and other judicial actors with sufficient capacity to provide efficient and effective administration of the law. Enforcement authorities must be trained on contemporary forms of slavery in order to secure justice and prevent the inadequate collection of evidence, the imposition of lenient sentences or the prosecution of perpetrators under laws different than those prohibiting contemporary forms of slavery. In situations where legislation criminalizing contemporary forms of slavery is not implemented owing to societal discrimination against minority groups, it is essential that States acknowledge the existence of discrimination and its link with the prevalence of those practices and introduce adequate measures to ensure victims’ access to justice and remedies. This entails the obligation to ensure that law enforcement officers are sensitized to the situation and rights of minority groups and that minorities are represented at all levels of government and the police force, as well as within the judiciary. 56. States have a duty to ensure that statutory agencies with a mandate to identify victims have knowledge and adequate training on contemporary forms of slavery and that the necessary resources are allocated in order to ensure that the rights of victims are protected. States should develop and disseminate operational guidelines on the different practices with indicators that help officials identify whether a particular situation could constitute the crime of slavery. Those indicators should: (a) guide them to identify possible situations of exploitation; (b) be country-specific by taking into consideration the regions and economic sectors in which these practices are prevalent; (c) be based on national legislation; and (d) allow them to distinguish between contemporary forms of slavery and other lesser forms of exploitation. Periodic training on the identification of victims should be provided to law enforcement officers, border guards, immigration officials, prosecutors, judges, labour inspectors, diplomatic and consular staff, social welfare officers and child protection officers. 57. After being identified, victims of contemporary forms of slavery must be provided with adequate immediate assistance that should not be conditional on their cooperation with the authorities and include accommodation, medical care and psychological assistance and material assistance. Furthermore, victims should also receive long-term assistance in order to help them continue to recover and rebuild their lives, including measures to facilitate their reintegration into society and gain access to sustainable livelihoods. Monitoring of policies and programmes for short-term and long-term assistance should be conducted in order to ensure they are effective and prevent victims from returning to situations of exploitation. Support to victims should include providing information and assistance to enable them to gain access to their legal rights in a language and manner that they can understand. Legal assistance should be provided free of charge by lawyers trained in working with victims of contemporary forms of slavery and at the earliest opportunity. 58. Persons subjected to contemporary forms of slavery must have access to a competent and independent authority in order to be protected and assisted appropriately and to obtain adequate reparations. Furthermore, States have a duty to ensure that competent 16

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