11 Conclusions and Recommendations
On Article 14 United Nations Convention
Against Torture (UNCAT)
Article 14 UNCAT, sets out that State Parties shall ensure
that those people who have been subjected to Torture, Cruel Inhuman and Degrading Treatment or Punishment have
redress and a right to rehabilitation, within the legal system
of the state. Art 14(1) specifically sets out the right to the
means for as full rehabilitation as possible.
In all cases involving Torture, Cruel Inhuman and Degrading Treatment or Punishment HBF recommends the application of Art 14 (1) to ensure that those people subjected to
such treatment have an enforceable right to rehabilitation,
and must therefore be able to access the means for as full
rehabilitation as possible within, and provided by, the state.
On the clinical assessment and documentation
of victims of trafficking
Use of the Istanbul Protocol
The Helen Bamber Foundation recommends the use of the
Istanbul Protocol Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment for all psychological
and physical assessment and documentation of victims of
trafficking. The Istanbul Protocol provides a sound basis
upon which to document torture and ill-treatment and provides key indicators for treatment.
Widening of the Istanbul Protocol
HBF recommends widening the Istanbul Protocol via an
addendum to be produced by international legal and clinical experts including those who work directly with victims
of trafficking.
This addendum should recognize the complex mental and
physical responses to trauma which are suffered by survivors of interpersonal violence. It should explicitly accord
with, and build upon, the spirit and principles of the Council of Europe Convention on Action Against Trafficking in
Human Beings and the UN Protocol to Prevent, Suppress
and Punish Trafficking in Persons, especially Women and
Children. Specifically it should include formal recognition
of the difficulties of identification of victims of trafficking
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and of conducting assessment in trafficking cases, building
upon the principles of Articles 10 and 12 of the Council of
Europe Convention.
On Complex Trauma
The need for international research on Complex
Trauma
HBF’s clinical experience demonstrates a pressing need for
further clinical research on the complex mental and physical responses to trauma suffered by victims of trafficking.
This view is supported by the work of leading specialists in
the trauma field. Clinical research on Complex Trauma is
particularly relevant to the development of an informed and
detailed approach to the identification, documentation and
protection of trafficked people, which establishes appropriate standards for their clinical assessment and therapeutic
care.
The need for training and awareness raising on
Complex Trauma
Awareness-raising on complex trauma is needed for all
professionals who encounter victims of trafficking in the
general and mental health sectors. There is a need for the
dissemination of information on trafficking issues from a
clinical perspective, particularly victims’ psychological and
physical responses to Complex Trauma and effective routes
to individual stabilization and sustained recovery.
This information should extend to all professionals who
work in statutory and non-statutory agencies that include
general support and counselling services.
Awareness-raising on working with the physical and psychological needs of people who have been trafficked is also
required for those working within criminal justice systems
and more specific training for these and other professionals
who work with or directly interact with victims of trafficking.
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