A/HRC/17/35 Annex I Draft basic principles on the right to an effective remedy for trafficked persons 1. Rights and obligations 1. Trafficked persons as victims of human rights violations have the right to an effective remedy for harms committed against them. 2. All States, including countries of origin, transit and destination, are obliged to provide or facilitate access to remedies that are fair, adequate and appropriate to all trafficked persons within their respective territory and subject to their respective jurisdiction, including non-citizens, for harms committed against them. 3. The right to an effective remedy encompasses both a substantive right to reparations and procedural rights necessary to access reparations. 4. In substance, trafficked persons should be provided with adequate reparations for the harms suffered, which may include restitution, compensation, recovery, satisfaction, and guarantees of non-repetition. 5. Trafficked persons should also be provided with access to a competent and independent authority in order to successfully obtain reparations. This necessitates, at a minimum, the provision of: (a) Information concerning their rights, the reparations available and the existence of and modalities for accessing reparation mechanisms; (b) Legal, medical, psychological, social, administrative and other assistance necessary in seeking remedies; (c) A reflection and recovery period, followed by residence status while trafficked persons seek remedies. 2. Realizing the right to a remedy 6. States shall: (a) Ensure that adequate procedures are in place to enable quick and accurate identification of trafficked persons and provide adequate training to law enforcement and other agencies that might come in contact with trafficked persons; (b) Ensure that trafficked persons are not subjected to discriminatory treatment in law or in practice on any ground, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including their age, their status as victims of trafficking, their occupation or types of exploitation to which they have been subjected; (c) Give due consideration to individual circumstances of trafficked persons to ensure that remedies are centered on the empowerment of trafficked persons and full respect for their human rights. At a minimum, States should “do no harm” and ensure that remedial proceedings are not detrimental or prejudicial to the rights of trafficked persons and their psychological and physical safety. 20