man beings was exclusively seen as prostitution and/or as a form of sexual exploitation; early existing legal instruments focused on ‘the Traffic in Women in Full Age’.35 In 2000, the UN adopted a Convention against Transnational Organized Crime supplemented by three protocols36. One of these protocols is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (hereinafter referred to as “Palermo Protocol”), which contains the definition. Additionally, it requires from States parties to criminalize trafficking in human beings and to include this criminal offence in the national legislation. The Palermo Protocol contains regulations concerning the assistance to trafficked persons and requires that the return of a victim needs to be with due regard of the victim and preferably be voluntary. At the same time, the Palermo Protocol requires that States Parties ensure the possibility for trafficked persons to obtain compensation for the damage suffered. Five years later the Council of Europe also adopted a Convention on Action against Trafficking in Human Beings (CoE Convention).37 This convention aims at “improving the protection […] and developing the standards established” 38 by the Palermo Protocol. The Palermo Protocol uses rather ‘weak’ language regarding victims’ rights such as for example that only ‘in appropriate cases’ and to the ‘extent possible’ the privacy and identity of the victim should be protected or that States should ‘consider’ implementing measures of physical and psychological recovery (Art. 6). The CoE Convention goes further and obliges States to assist victims by various means (see for instance Art. 12) such as counselling, interpretation and information. Besides International Convention for the Suppression of the Traffic in Women of Full Age Trafficking of Human Beings from a Human Rights Perspective Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others The International Law of Human Trafficking United Nations Convention against Transnational Organized Crime United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition supplementing the United Nations Convention against Transnational Organized Crime Convention on Action against Trafficking in Human Beings strengthening the position of trafficked persons compared to the status in the Palermo Protocol, the CoE Convention applies the same definition as given in the Palermo Protocol. In case of return of the victim to the country of origin, the CoE Convention requires to take into account the rights, safety and dignity of the person and also points out that the return shall preferably be voluntary. Concerning compensation, the CoE Convention explains in more detail how the right to compensation should be established and suggests the establishment of a fund for victim compensation (Art. 15). At the level of the European Union three main instruments are relevant concerning trafficking in human beings. The Directive on preventing and combating trafficking in human beings and protecting its victims39 is based on the definition of trafficking in human beings as given in the Palermo Protocol, but also includes next to other forms of exploitation the possibility to be exploited through begging. This directive aims at improving the protection of victims’ rights. States have to ensure that victims of trafficking cannot be prosecuted for their involvement in criminal activities linked to trafficking in human beings. Article 11 describes the required assistance and support for victims of trafficking in human beings and foresees that the assistance and support are provided to victims “before, during and for an appropriate period of time after the conclusion of criminal proceedings” 40 which is therefore not strictly linked to the length of criminal proceedings anymore. This might be important in cases in which the victim’s safety is at risk after the end of criminal proceedings due to statements during the proceedings. The directive strengthens the protection of children’s rights and requires explicitly the consideration of the child’s best interest when providing trafficked children with assistance. Children should have access to free legal counselling and to free legal representation, also for claiming compensation. In general, the directive foresees that access to existing schemes of compensation should be ensured also for victims of trafficking (Art. 17) and calls upon the States to implement measures for seizure and confiscation of proceeds from the trafficking process (Art. 7). Issues concerning residence of victims of trafficking are partly regulated in the Directive on the residence permit issued to third-country nationals who are victims of trafficking in human beings41. A residence permit for at least Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA 41 Council Directive 2004/81/EC of 29 April 2004 17