A/HRC/17/35
• Celebrating the uniqueness of each person. An acknowledgment that each person’s
road to recovery is unique, whilst there may be similarities in trafficking, each
person’s experiences, set of circumstances arising from being a victim, and now a
survivor, is distinctive.
• Respecting and treasuring each person’s distinctiveness. Recognising and valuing a
person’s identity beyond being labelled as ‘victim’, including their cultural
background, beliefs and current worldview, as a fundamental right.
• A focus on optimal health and wellbeing. Adopting a healing process that is
deliberately holistic in approach and takes seriously the whole needs of a person, and
not simply his/her physical requirements.
• Building community. Part of the journey towards recovery will necessitate a process
of rebuilding life after being victimised. Survivors of trafficking need, above all, to
have hope and real opportunities to re-engage in a community, to rebuild, in some
cases, family relationships, whilst for others it may mean opportunities for education,
employment and safe shelter that is not necessarily back in their home country,
although for some, this well may be the case.”
Remedies for trafficked children
18.
One participant discussed the remedy of “reintegration assistance” for children,
which “typically includes some or all of the following remedies: preventing stigmatisation;
education; training and employment; legal support; medial/health care; social services,
psychological services”.
19.
Drawing on the provision of reintegration and decision pertaining to placement of
the child, the same participant quoted the following principles of Reimer et al (2007) which
could guide the provision of remedies for trafficked persons:
• Do no harm’ and ‘the best interests of the child’ as the primary principles (2007:40);
and
• Additional seven principles: 1) Protection is paramount; 2)A child remains a
family’s responsibility; 3) Family is best for a child; 4) Individual case management
that respects the rights and wishes of the child and allows for flexible use of
resources; 5) In order to facilitate eventual reintegration to society, alternative care
facilities should ‘normalise’ the life of children in care as much as possible; 6)
Specialise and complement: do what you do well but don’t try to do it all; 7)
Expectations for success should be moderated by local realities’ (2007:43-46).
20.
Another participant echoed the view that the primary principles should be “do no
harm” and “the best interests of the child”, which require “individual responses that are
culturally appropriate, working with family and community, not just the child, building
children's resilience not just focussing on the harm caused”.
Compensation funds for trafficked persons
21.
One participant noted that a Trafficked Person Compensation Fund, financed by
proceeds of the crime of trafficking, should be established. On the other hand, another
participant questioned whether it may be appropriate to argue for a fund specifically
dedicated to trafficked persons. In his view, “[i]n States that do not yet have such funds for
any who have been harmed by crime, to isolate for special attention those who have been
trafficked may backfire politically unless there is a very strong moral case for special
treatment”. Commenting specifically on the third point of Principle 6 of the draft basic
principles, the participant suggested that for the time being, the following phrase should be
deleted: “through a dedicated fund or, where appropriate, through effective and non26
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