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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