8.5. PHYSICAL AND PSYCHOLOGICAL CARE
AND SUPPORT
Principle 8 requires States to ensure that victims
of trafficking have access to adequate physical
and psychological care. It is supplemented by
a number of Guidelines that focus on specific
elements of such care and support. Guidelines
6.1 and 6.2, for example, request States and
others to consider ensuring, along with nongovernmental organizations, the availability of
“safe and adequate shelter that meets the needs
of trafficked persons” and “access to primary
health care and counselling”.
Principle 8 and the Guidelines cited above must
be read in light of the overriding principle that
places the protection of human rights at the
centre of any measures taken to prevent and
end trafficking. This approach requires States to
ensure that the rights of trafficked persons are
protected and respected. In the present context,
the right to the highest attainable standard of
physical and mental health318 and the right to
adequate food, clothing and housing319 are
especially relevant. It is also important to keep
International Covenant on Economic, Social and
Cultural Rights, art. 12; Convention on the Elimination
of All Forms of Discrimination against Women, art. 12;
Migrant Workers Convention, art. 28; International
Convention on the Elimination of All Forms of Racial
Discrimination, art. 5 (e) (iv); Convention on the Rights of
the Child, art. 24. The Committee on Economic, Social and
Cultural Rights has asserted the obligation of States parties
to respect the right to health of all persons, including
especially vulnerable groups such as asylum-seekers and
illegal immigrants: Committee on Economic, Social and
Cultural Rights, general comment 14 (2000): The right to
the highest attainable standard of health.
318
International Covenant on Economic, Social and
Cultural Rights, art. 11; International Convention on the
Elimination of All Forms of Racial Discrimination, art. 5 (e)
(iii); Trafficking Protocol, art. 6 (3)(a); Refugee Convention,
art. 21; Protocol on the Rights of Women in Africa, arts.
15, 16; SAARC Convention, art. IX (3); Committee on
the Elimination of Discrimination against Women, general
recommendation No. 19, para. 24 (t) (iii); Beijing
Declaration and Platform for Action, para. 125 (a).
319
in mind that certain victims of trafficking may
have special status-related rights. For example,
as explored in detail below under the discussion
of Principle 10 and related Guidelines, specific
and additional obligations of care and support
are owed by States to child victims of trafficking.
The prohibition on sex-based discrimination is
especially relevant when considering access
to support and assistance. Women victims of
trafficking are victims of gender-based violence
and therefore entitled to access support and
assistance on this basis, as well as on the basis
of their status as victims of trafficking.320 Persons
with a disability who are victims of trafficking
will also be entitled to a level of protection and
support that recognizes that disability.321
The nature of the obligation on States to provide
care and support for victims of trafficking is also
inextricably tied up with their status as victims
of crime and victims of human rights violations.
This status, as noted above, gives such victims
the right to be treated with humanity and respect
for their dignity and human rights, as well as an
entitlement to benefit from measures that ensure
their well-being and prevent re-victimization.322
More specifically, victims of crime are entitled
to receive “the necessary material, medical,
See, for example, Committee on the Elimination of
Discrimination against Women, general recommendation
No. 19, para. 24 (b): “[a]ppropriate protective and
support services should be provided for victims”. See also
art. 4 (g) of the Declaration on the Elimination of Violence
against Women, which makes provision for specialized
assistance for women subjected to violence, such as
“rehabilitation, assistance in child care and maintenance,
treatment, counselling, and health and social services,
facilities and programmes, as well as support structures,
and … other appropriate measures to promote their safety
and physical and psychological rehabilitation.” See also
Beijing Declaration and Platform for Action, paras. 99,
106, 107, 122, 125, 130; and Beijing +5 Outcome
Document, para. 97 (c).
320
See generally the Convention on the Rights of Persons
with Disabilities.
321
Basic Principles and Guidelines on the Right to a
Remedy and Reparation, para. 10.
322
COMMENTARY
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