Principle 6:
Access to effective remedies
Trafficked persons have the right to seek and receive effective remedies for the harm
committed against them. Trafficked persons should also be provided with adequate
reparations for harm suffered, including restitution, compensation, recovery, satisfaction and guarantees of non-repetition.
Trafficked persons should also be provided with access to a competent and independent authority in order to successfully obtain reparations.
States should ensure that their response to trafficking, in particular in returning trafficked persons, does not impact on the right of these trafficked persons to access remedies. To this end, a trafficked person’s entitlement or access to remedies should not
be dependent on her or his immigration status, or on the fact that the perpetrator of
trafficking has left the country of destination.
Access to remedies must be non-discriminatory and available to all victims of trafficking, including citizens of other states and stateless persons residing in the destination
state in a regular or irregular manner, and remedies should be fair, adequate, appropriate and effective.
The obligation of states to provide a trafficked person with effective remedies should
not depend on the availability of funds confiscated from the perpetrator of trafficking
in a particular case.
Trafficked persons should be provided with legal advice and support to enable them to
access remedies, and effective measures should be in place to ensure that reparation
judgments are enforced, including where these judgments are passed in states other
than the destination state.
Part 1: Guiding Principles of Return
29
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