individual assessments to identify a victim’s specific protection needs.69 However,
the directive does not consider the need for individual assessments in the context of
return, but rather aims to identify the “specific protection needs” of victims, and also
to determine whether the special measures provided for in the directive70 are beneficial to trafficked persons who are returned to their countries of origin. It remains to
be seen the extent to which such individual assessments will apply to issues relating
to return.
A risk assessment is not, in itself, sufficient to guarantee safe return. Therefore, it is
essential that any assessment be accompanied by a detailed plan that is specifically
designed to minimize identified risks to the extent possible.71
In addition to conducting risk assessments, it is also important to assess the individual
needs of trafficked persons who are returned. While no international norm explicitly
obliging states to carry out needs assessments exists per se, these should be viewed as
an integral element of the obligation to provide assistance and protection to trafficked
persons. As such, parties to the UN Trafficking Protocol and Council of Europe Trafficking Convention, for example, must take into account the special needs of victims
of trafficking.72 One exception to this can be found in approaches to the return of child
victims of trafficking, for which the CRC has stressed that the referral process must
also include multi-disciplinary assessments of the short- and long-term needs of the
child, caregivers and the family.73 In the case of unaccompanied and separated children, the assessment must consider their particular vulnerabilities, including their
69 Ibid., art. 22, which provides:
“2. The individual assessment shall, in particular, take into account:
(a) the personal characteristics of the victim;
(b) the type or nature of the crime; and
(c) the circumstances of the crime.
3. In the context of the individual assessment, particular attention shall be paid to victims who have suffered considerable harm due to the severity of the crime; victims who have suffered a crime committed with a bias or discriminatory
motive which could, in particular, be related to their personal characteristics; victims whose relationship to and dependence on the offender make them particularly vulnerable. In this regard, victims of terrorism, organized crime, human
trafficking, gender-based violence, violence in a close relationship, sexual violence, exploitation or hate crime, and victims with disabilities shall be duly considered.
4. For the purposes of this Directive, child victims shall be presumed to have specific protection needs due to their vulnerability to secondary and repeat victimization, to intimidation and to retaliation. To determine whether and to what
extent they would benefit from special measures as provided for under Articles 23 and 24, child victims shall be subject
to an individual assessment as provided for in paragraph 1 of this Article.
6. Individual assessments shall be carried out with the close involvement of the victim and shall take into account their
wishes including where they do not wish to benefit from special measures as provided for in Articles 23 and 24.
7. If the elements that form the basis of the individual assessment have changed significantly, Member States shall
ensure that it is updated throughout the criminal proceedings.”
70 Ibid., arts. 23 and 24.
71 The ICMPD recommends such a plan, and also notes that the plan should be reviewed regularly and that the
victim should be fully informed about the risks identified, as well as the measures undertaken to address those risks
(see ICMPD TRM Guidelines, pp. 87-88).
72 UN Trafficking Protocol, art. 6(4); Council of Europe Trafficking Convention, art. 12(7). Specific forms of protection are prescribed in: UN Trafficking Protocol, art. 6(3); UN General Assembly, United Nations Convention
against Transnational Organized (hereafter: UNTOC), 8 January 2001, A/RES/55/25, art. 25; and Council of Europe
Trafficking Convention art. 12(1).
73 UN Committee on the Rights of the Child (CRC), General Comment No. 13: The right of the child to freedom from
all forms of violence, 18 April 2011, CRC/C/GC/13, para. 50.
Part 2: Explanatory Report to the Principles
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