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

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