Principle 6: Access to effective remedies Victims of trafficking face significant challenges in accessing justice. Many are not identified correctly, meaning that their right to remedies cannot be acknowledged or respected. Similarly, the routine detention and deportation of trafficked persons obstruct the right to a remedy, as does the failure to provide them with legal assistance, information and support. Other factors that impede access to remedies include: inadequate legal frameworks; low prosecution rates for trafficking-related exploitation (particularly where offender identification and conviction is a prerequisite for certain remedies); a lack of protection provisions for victims and victim-witnesses; the absence of effective international legal co-operation; and low success rates in tracing and seizing the profits of trafficking-related crimes.341 There are many obstacles that impede victims’ abilities to claim compensation, both in destination countries and on their return.342 While many states provide some form of compensation to trafficked persons, few in the OSCE area make specific provisions for victims to be informed of the availability of compensation and to be provided with a right to remain in order to attempt to claim compensation. In some destination countries, the availability of compensation under national compensation schemes is limited to particular types of crimes, which may not cover the type of exploitation experienced in a particular trafficking case. In other countries, compensation is limited to cases where the victim has suffered some form of visible physical injury.343 Moreover, the national compensation scheme may only be available to that country’s nationals, to EU citizens and/or to third-country nationals legally entitled to reside in the destination country.344 341  In addition, see Human Rights Council, Report of the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo, 13 April 2011, A/HRC/17/35. 342  Hancilova and Massey, Legislation and the Situation Concerning Trafficking in Human Beings, op. cit., note 80; “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, p. 83. 343  See, for example, Council of Europe: Group of Experts on Action against Trafficking in Human Beings, Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Slovak Republic, 16 December 2013, GRETA(2011)9, para. 119. 344  See Council of Europe: Group of Experts on Action against Trafficking in Human Beings, Report Concerning the Implementation of the Council of Europe Convention against Trafficking in Human Beings by Austria, 15 September 2011, GRETA(2011)10, para. 120. 86 Part 2: Explanatory Report to the Principles

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents