Principle 6:
Access to effective remedies
Victims of trafficking face significant challenges in accessing justice. Many are not
identified correctly, meaning that their right to remedies cannot be acknowledged
or respected. Similarly, the routine detention and deportation of trafficked persons
obstruct the right to a remedy, as does the failure to provide them with legal assistance, information and support. Other factors that impede access to remedies include:
inadequate legal frameworks; low prosecution rates for trafficking-related exploitation (particularly where offender identification and conviction is a prerequisite for certain remedies); a lack of protection provisions for victims and victim-witnesses; the
absence of effective international legal co-operation; and low success rates in tracing
and seizing the profits of trafficking-related crimes.341
There are many obstacles that impede victims’ abilities to claim compensation, both
in destination countries and on their return.342 While many states provide some form
of compensation to trafficked persons, few in the OSCE area make specific provisions
for victims to be informed of the availability of compensation and to be provided with
a right to remain in order to attempt to claim compensation. In some destination countries, the availability of compensation under national compensation schemes is limited to particular types of crimes, which may not cover the type of exploitation experienced in a particular trafficking case. In other countries, compensation is limited to
cases where the victim has suffered some form of visible physical injury.343 Moreover,
the national compensation scheme may only be available to that country’s nationals,
to EU citizens and/or to third-country nationals legally entitled to reside in the destination country.344
341 In addition, see Human Rights Council, Report of the Special Rapporteur on trafficking in persons, especially
women and children, Joy Ngozi Ezeilo, 13 April 2011, A/HRC/17/35.
342 Hancilova and Massey, Legislation and the Situation Concerning Trafficking in Human Beings, op. cit., note
80; “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, p. 83.
343 See, for example, Council of Europe: Group of Experts on Action against Trafficking in Human Beings, Report
concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by
the Slovak Republic, 16 December 2013, GRETA(2011)9, para. 119.
344 See Council of Europe: Group of Experts on Action against Trafficking in Human Beings, Report Concerning
the Implementation of the Council of Europe Convention against Trafficking in Human Beings by Austria, 15 September
2011, GRETA(2011)10, para. 120.
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Part 2: Explanatory Report to the Principles
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