traffickers in respect of both material injury and suffering, and requires States Parties
to take steps to guarantee compensation of victims. Similarly, while the EU Trafficking Directive does mention respect for fundamental rights, including the right to an
effective remedy, it falls short of referencing other types of remedies besides compensation.351 Importantly, while the focus in the OSCE area in terms of remedies has
mainly been on the right to claim compensation,352 the 2013 Addendum to the OSCE
Action Plan broadens the concept of remedies to include procedural remedies, such as
the provision of reflection delay and residence permits, as well as ensuring the safe
return and reintegration of victims.353
Moreover, trafficked persons should be afforded the right to adequate and appropriate
remedies as victims of human rights violations, which goes beyond the right to apply
for and obtain compensation.354
Under the Draft Basic Principles on the right to an effective remedy for trafficked persons, developed under the auspices of the UN Special Rapporteur on trafficking in
persons, the right to an effective remedy encompasses a substantive right to reparations, as well as procedural rights necessary to access these reparations.355 Reparations may include restitution, compensation, recovery, satisfaction and guarantees of non-repetition.356 In order to successfully obtain these reparations, trafficked
persons should be provided with access to a competent and independent authority;
351 EU Trafficking Directive, recital 33. In relation to victims of crime more generally, Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings requires member states to ensure that, in
the course of criminal proceedings, victims of criminal acts are entitled to obtain a decision within a reasonable
period of time concerning compensation by the offender, except where national law provides for compensation to
be awarded in another manner (see Council Framework Decision 2001/220/JHA, art. 9(1)). Directive 2012/29/EU
of 25 October 2012, establishing minimum standards on the rights, support and protection of victims of crime, will
replace the Framework Decision on 16 November 2015, and obliges member states to:
• “ensure that, in the course of criminal proceedings, victims are entitled to obtain a decision on compensation by
the offender, within a reasonable time, except where national law provides for such a decision to be made in other
legal proceedings”; and
• “promote measures to encourage offenders to provide adequate compensation to victims” (Directive 2012/29/
EU, art. 16).
352 As reflected in Ministerial Council Decisions No.14/06 (para. 5), No. 8/07 (para. 7) and No. 5/08 (para. 19).
The OSCE Action Plan encourages participating States to consider establishing a compensation fund for victims of
trafficking and using the confiscated assets of trafficking and related offences to help finance such a fund (see OSCE
Action Plan, part III, para. 1.5).
353 2013 Addendum to the OSCE Action Plan, part IV, para. 2.
354 See UN Global Plan of Action to Combat Trafficking in Persons, para. 3. See also presentations made at the
Global Consultation on the right to an effective remedy for trafficked persons, held on 7 November 2013, convened by
the UN Special Rapporteur on Trafficking in Persons. The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation confirm the general obligation on states to ensure equal and effective access to justice and the
availability of remedies. They also confirm that the right to a remedy for gross human rights violations, a term that
could apply to the most serious cases of trafficking, includes the right of access to justice, the right to reparation for
harm suffered and the right of access to information concerning violations and reparation mechanisms. Access to
justice includes measures to ensure that victims can actually exercise their rights to a remedy, as well as the protection of victims’ privacy and safety in the course of any legal proceedings (see UN General Assembly Resolution on
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, A/RES/60/147).
355 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, annex I, para. 1.3.
356 Ibid., para. 1.4.
88
Part 2: Explanatory Report to the Principles
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents