A/HRC/29/38 B. Focus on promotion and protection of the human rights of victims 58. The Special Rapporteur believes that the human rights of victims of trafficking should be placed at the centre of protection measures taken to address trafficking. That includes the protection of victims from further exploitation and harm, and their access to adequate assistance, support and remedies. 59. Comprehensive assistance and support to victims and potential victims of trafficking are crucial for an effective fight against trafficking in persons on the one hand, and are instrumental to accessing justice and effective remedies on the other hand. Not all trafficked and exploited persons will be able or willing to report their exploiters or participate in legal proceedings against them. All victims should, however, be enabled to do so if they wish. 60. Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person’s immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs. 61. In particular, protection and assistance should not be made conditional upon the capacity or willingness of victims to cooperate with law enforcement agencies, regardless of whether legal proceedings are initiated or charges pressed against their traffickers and exploiters, or whether the crime has been legally qualified as trafficking or as another or less serious crime. In this regard, the Special Rapporteur expects to further explore the need for unconditional access to a range of support services for victims of trafficking, including children, who are frequently left without assistance or the necessary support to access remedies, including compensation — a situation that exacerbates the risk of further human rights violations. 62. Building on the existing work of the mandate,23 in particular the basic principles on the right to an effective remedy for trafficked persons (A/HRC/26/18, annex) and A/69/33797), the Special Rapporteur intends to analyse laws, policies and practices around the world and take stock of promising practices and lessons learned on the provision of unconditional assistance to victims and potential victims of trafficking. She expects to provide guidance to policy makers and practitioners on better implementing the right to assistance and support, and maximize outreach and impact, thereby contributing to more effective prevention and prosecution. 63. Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees 23 16 See A/64/290, paras. 91–95, and A/64/290, paras. 80–81. See also UNHCR, Guidelines on International Protection No. 7.

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