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
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