8
PRINCIPLE 8 AND RELATED GUIDELINES:
PROTECTION OF AND SUPPORT
FOR VICTIMS302
States shall ensure that trafficked persons are
protected from further exploitation and harm
and have access to adequate physical and
psychological care. Such protection and care
shall not be made conditional upon the
capacity or willingness of the trafficked
person to cooperate in legal proceedings. 302
8.1. PURPOSE AND CONTEXT
Victims who break free from their traffickers often
find themselves in a situation of great insecurity
and vulnerability. They may be physically
injured as well as physically and/or emotionally
traumatized. They may be afraid of retaliation.
They are likely to have few, if any, means of
subsistence.
Under Principle 8, the State is required, first
and foremost, to ensure that the victim is
protected from further exploitation and harm
– from those who have already exploited that
person and from anyone else. The State is also
required to provide the victim with physical and
psychological care that is adequate to meet
at least immediate needs. These requirements
This section draws on Gallagher, International Law of
Human Trafficking, chap. 5.
302
confirm and extend the State’s obligation to
safeguard the human rights of trafficked persons
(see Principle 1 and related Guidelines) and to
act with due diligence to ensure their safety and
protection against further abuse (see Principle
2 and related Guidelines). Importantly, the
provision of such care is identified as being
a non-negotiable right of the victim: a right
that should be recognized and implemented
irrespective of that person’s capacity or
willingness to cooperate with criminal justice
authorities in the investigation or prosecution of
traffickers.
Principle 8 explicitly places the responsibility of
protecting and caring for victims on the State.
This responsibility becomes operational when the
State knows or should know that an individual
within its jurisdiction is a victim of trafficking. The
principle is applicable to any country in whose
territory a victim may be located. It applies to all
trafficked persons, whether victims of national or
transnational trafficking.
Principle 8 acknowledges that the harm
experienced by victims of trafficking does
not necessarily cease when they come to the
attention of national authorities. The corruption
and complicity of public officials may result in
a continuation of an exploitative situation or the
COMMENTARY
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