PART 2.3 to Principle 8 in her communications with States.343 NON-COERCION IN THE PROVISION OF CARE AND SUPPORT A human rights approach requires the provision of care and support to be both informed and non-coercive. Victims of trafficking should, for example, receive information on their entitlements so that they can make an informed decision. As discussed above, care and support should not be made conditional on cooperation with criminal justice authorities. Victims should also be able to refuse care and support. They should not be forced into accepting or receiving assistance. This position is supported by Guideline 6.2 which states, in relation to health care and counselling, that “trafficked persons should not be required to accept any such support and assistance and they should not be subject to mandatory testing for diseases, including HIV/ AIDS”. The European Trafficking Convention goes even further, requiring, in relation to all the assistance measures provided for in that instrument, that States parties must ensure that the relevant services “are provided on a consensual and informed basis, taking due account of the special needs of persons in a vulnerable position and the rights of children in terms of accommodation, education and appropriate health care” (article 12 (7)). The Explanatory Report on the Convention makes specific reference to the issue of medical testing, noting that “… victims must be able to agree to the detection of illness such as HIV/AIDS for [the tests] to be licit” (para. 171). In its general comment No. 3 (2003), the Committee on the Rights of the Child affirmed E/CN.4/2006/62/Add.1, paras. 21 (Cambodia), 50 (India), 66 (Israel) and 76 (Democratic People’s Republic of Korea). 343 150 that “States must refrain from imposing mandatory HIV/AIDS testing of children in all circumstances and ensure protection against it. While the evolving capacities of the child will determine whether consent is required from him or her directly or from his or her parent or guardian … States parties must ensure that, prior to any HIV testing … the risks and benefits of such testing are sufficiently conveyed so that an informed decision can be made” (para. 23). The Special Rapporteur on violence against women has also recommended that HIV testing be provided “only if requested by the person concerned”.344 The principle of non-coercion is also supported in the Brussels Declaration, which prohibits mandatory HIV/AIDS testing and recommends that the provision of support measures be on a “consensual and fully informed basis” (para. 13). It is important to note that in this area, as in many others, the circumstances of the case may require a balancing of different rights and responsibilities. In the case of child victims of trafficking, for example, the application of the “best interests” principle (discussed further under Principle 10 and related Guidelines) may require the provision of services such as shelter and medical treatment on a non-consensual basis. 8.6. REFLECTION AND RECOVERY PERIODS An increasing number of States are considering the option of offering a “reflection period” to trafficked persons, to provide them with time and space to decide on their options, including whether they will cooperate with criminal justice agencies in the prosecution of their exploiters. While the concept of a reflection period postdates the Trafficking Principles and Guidelines, this innovation clearly goes some way towards meeting their objective of ensuring that trafficked 344 E/CN.4/2000/68, para. 116 (c). RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING