A/HRC/44/45 B. Moving away from the ambiguous status of trafficked persons in criminal proceedings – between victims and criminals – towards full recognition of victims’ rights and full implementation of the nonpunishment principle 24. Article 6 of the Trafficking in Persons Protocol contains specific obligations in relation to the protection of victims, including in relation to their rights during criminal proceedings, while taking into account the age, gender and special needs of victims. This includes the right to justice, 22 including through proceedings that aim to identify, investigate, prosecute and punish offenders. Victims of trafficking also have the right to be heard and to fully participate in criminal proceedings, 23 to receive information from the first contact with a competent authority, 24 which includes information on legal rights, including their right to have access to remedies, including through national compensation schemes.25 25. As an essential component of the right to remedy, States also have to ensure equal and non-discriminatory access to such a right, including by ensuring that all investigations, prosecutions and other mechanisms are child and gender-sensitive and avoid trauma, revictimization and stigmatization.26 While non-discrimination is an essential aspect of the right to remedy, many States fail to put into place measures that address gender discrimination, as well as intersecting forms of discrimination. 26. Victims also have the right to legal and other assistance in relation to any criminal, civil or other actions against traffickers. 27 The right to access assistance, support and protection should not be made conditional upon the capacity or willingness of the trafficked person to cooperate in legal proceedings. 28 The right to receive information, such as on legal rights, including their right to have access to remedies, should include “information, advice, and support relevant to the rights of victims including on accessing national compensation schemes for criminal injuries”. 29 All victims should be provided with information in a language that they understand. 30 22 23 24 25 26 27 28 29 30 See, e.g., Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (General Assembly resolution 60/147, annex), para. 11 (a). Council Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, art. 10; Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34, annex), para. 6 (b). Council Directive 2012/29/EU, art. 4. Basic principles on the right to an effective remedy for victims of trafficking in persons, para. 7 (c) and (e). See also Recommended Principles and Guidelines on Human Rights and Human Trafficking, guidelines 4 (8) and 9 (2); Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, paras. 11 (c) and 12 (a); Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, paras. 5 and 6 (a). Basic principles on the right to an effective remedy for victims of trafficking in persons, para. 7 (h). See also Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 12. Recommended Principles and Guidelines on Human Rights and Human Trafficking, principle 9 and guidelines 6 (5) and 9 (2). See also Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 12 (c); basic principles on the right to an effective remedy for victims of trafficking in persons, para. 7 (e); Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, para. 6 (c). Recommended Principles and Guidelines on Human Rights and Human Trafficking, principle 8 and guideline 6. Directive 2012/29/EU, art. 9 (1) (a). Recommended Principles and Guidelines on Human Rights and Human Trafficking, guideline 6 (5). See also United Nations Office on Drugs and Crime, Model Law against Trafficking in Persons, art. 7