Convention, which requires that a reflection period lasting at least 30 days be mandated by law.105 This is to allow victims to recover, fully extricate themselves from their exploiters and have sufficient time to make an informed decision about whether or not to co-operate with the authorities. During this period, the victim is to be provided with protection and assistance measures106 and must not be expelled.107 Although States Parties are free to choose the method used to prevent the forced return of victims, they must create a legal framework to allow victims to remain on their territory for the duration of the recovery period and provide them with the relevant authorization documents.108 EU legislation also provides for a reflection period, but leaves member states to determine how long the reflection period should last.109 During the reflection period, return orders cannot be enforced against third-country nationals, who should be “granted standards of living capable of ensuring their subsistence” and access to emergency medical treatment, including psychological assistance, where necessary.110 Access to justice The OSCE Action Plan, the 2013 Addendum and Ministerial Council Decisions No. 14/06 and No. 8/07 all underline the importance of access to justice for trafficked persons and, in this context, the need to provide them with legal assistance. Such assistance should include legal counselling and information about the legal rights of victims in a language that they can understand. It is important to note that Ministerial Council 105  Council of Europe Trafficking Convention, art. 13.1. The recovery period is intended to apply to victims of trafficking who are illegally present in a Party’s territory or who are legally resident but with only a short-term residence permit. Council of Europe, Explanatory Report to the Council of Europe Trafficking Convention, CETS No. 197, para. 172. 106  Council of Europe Trafficking Convention, Art. 13(2), 12(1)(2). 107  Council of Europe Trafficking Convention, Art. 13(1). 108  Explanatory Report to the Council of Europe Trafficking Convention, para. 178. 109  Council Directive 2004/81/EC, art. 6. The Directive has been criticized for insufficiently addressing the needs and rights of victims to receive support and assistance (see EU Group of Experts, Opinion No. 4/2009, On a possible revision of Council Directive 2004/81/EC, para. 3). The EU Group of Experts has recommended a reflection period of no less than three months as the minimum time necessary to ensure adequate assistance and support, to enable the victim to make an informed decision on co-operation in criminal proceedings, to pursue compensation claims or to return home. As regards residence permits, the Group stated that these should not be tied to the victim’s co-operation with investigation or prosecution. The Group has also noted that, in many cases, victims may not have relevant information, traffickers may not be able to be prosecuted or victims may fear significant harm to themselves or their families if they co-operate. However, this does not diminish the victims’ status as being in need of assistance and support. The Group recommends that both adult and child victims be granted a temporary but renewable residence permit for at least six months, including the right to work and to access social assistance programmes, regardless of the victim’s willingness to co-operate (see EU Group of Experts, “Explanatory Paper 10: Reflection Period and Residence Status”, p. 171). See also Anne T. Gallagher, The International Law of Human Trafficking (New York: Cambridge University Press, 2010), pp. 298-301. 110  EU Council Directive 2004/81/EC, art. 7. In addition, the EU Trafficking Directive also makes reference to the reflection period in its preamble and confirms, that in cases where the victim does not reside lawfully in the relevant member state, assistance and support should be provided unconditionally, at least during the reflection period (paragraph 18). A group of UN bodies has recommended the inclusion of a reflection and recovery period of a minimum of 90 days for all trafficking victims (see OHCHR, UNHCR, UNICEF, UNODC, UN Women and ILO, Prevent, Combat, Protect: Human Trafficking - Joint UN Commentary on the EU Directive – A Human Rights-Based Approach, p. 44). Part 2: Explanatory Report to the Principles 51