A/HRC/17/35 (c) Non-judicial methods 39. In the light of the limitations associated with legal proceedings, it is noteworthy that a number of cases in which trafficked persons have successfully obtained compensation resulted from out-of-court settlements negotiated by various governmental and nongovernmental bodies.29 In some States, trade unions have played a crucial role in settling claims for unpaid or underpaid wages, or work-related injuries following negotiations with employers. These non-judicial methods may play an instrumental role in seeking compensation particularly for certain groups of trafficked persons, such as trafficked women and girls, who may face a variety of procedural challenges in judicial proceedings, such as psychological harms, stigma and fears of reprisals. 4. Satisfaction and guarantees of non-repetition 40. Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators.30 These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations.31 Guarantees of nonrepetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.32 41. It is beyond the scope of the present report to discuss in detail these aspects of the right to an effective remedy, which raise broader issues such as the efficacy of the judicial system and the obligations of States to prevent trafficking in persons. However, the Special Rapporteur emphasizes that they are essential elements of the right to an effective remedy, without which the ultimate objective of enabling trafficked persons to recover from the harms and rebuild their lives with the full enjoyment of human rights, may not be realized. In particular, guarantees of non-repetition, which include measures to prevent trafficking, constitute an important form of remedy in view of the risks of re-trafficking that trafficked persons may be exposed to. To this end, the Palermo Protocol imposes an obligation on States to undertake various measures aimed at prevention of trafficking, ranging from tackling the root causes to providing or strengthening training of law enforcement officers, immigration and other relevant officials in the prevention of trafficking in persons. D. Procedural components 42. Some of the obstacles in seeking compensation as identified above clearly show that procedural rights of access to remedies are critical pre-conditions in realizing the substantive right to reparations for trafficked persons. 29 30 31 32 See for example the case instigated by the Department of Labor and the Equal Employment Opportunity Commission in the United States of America. Global Alliance Against Traffic in Women (GAATW), Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (Bangkok, 2007), p. 195. Basic Principles and Guidelines on Remedy and Reparation, art. 22. Bassiouni, “International recognition” (note 2 above), p. 271 (footnote 340). Basic Principles and Guidelines on Remedy and Reparation, art. 23. 11

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