persons are in a position to make a free and informed choice about cooperating without the burden of conditional assistance. The concept of reflection and recovery periods originated in Western Europe. It became the subject of an EU Directive in April 2004 and entered international law through the European Trafficking Convention. Under the European model, victims illegally present in a State (and those who may reasonably be presumed to be victims) are granted a period of grace, called a “reflection period”, allowing them to recover and escape the influence of traffickers so they can make an informed decision as to whether to cooperate with criminal justice agencies in the investigation and prosecution of their exploiters. According to the Explanatory Report on the Convention, victim recovery entails, for example, the healing of wounds and recovery from physical assault together with the recovery of a minimum degree of psychological stability (para. 173). Importantly, granting of the reflection period under the European Trafficking Convention is not conditional on future cooperation with criminal justice authorities. The reflection period is required to be mandated by law and to last at least thirty days. During that time, victims and presumed victims are not to be removed from the territory of the State party and are entitled to the protection, assistance and support provisions available under the Convention. However, there are several important caveats. The reflection period can be refused or terminated on grounds of public order or if it is found that victim status is being claimed improperly. In addition, the granting of a reflection period would not provide a basis for an individual to refuse to testify if she or he were legally compelled, by a judge, to do so.345 While the Trafficking Principles and Guidelines do not explicitly refer to a recovery and reflection period, the spirit of the Principles and Guidelines – in particular their emphasis on victim protection and informed, consensual involvement in legal proceedings – fully support this important new tool. There is also encouraging evidence that the concept of reflection and recovery periods is becoming more broadly accepted at both national and international levels.346 SEE FURTHER: • Protection and repatriation: part 2.3, section 11.2 • Protection of children, privacy: part 2.3, section 10.4 European Trafficking Convention, arts. 13 (1) and 13 (3) and Explanatory Report on the European Trafficking Convention, para. 176. 345 See, for example, “Improving the coordination of efforts against trafficking in persons: Background paper of the Secretary-General”, transmitted by the Secretary-General to the President of the General Assembly on 5 May 2009, p. 41; Committee on the Elimination of Discrimination against Women, concluding observations: Denmark (CEDAW/C/DEN/CO/6, paras. 22-23); Human Rights Committee, concluding observations: Japan (CCPR/C/ JPN/CO/5, para. 23). 346 COMMENTARY 151