PART 2.3
psychological and social assistance through
governmental, voluntary, community-based and
indigenous means.”323
The major trafficking treaties lay down varying
standards in relation to victim care and support.
The Trafficking Protocol requires States parties to:
consider implementing measures to provide
for the physical, psychological and social
recovery of victims ... in particular the
provision of (a) appropriate housing; (b)
counselling and information in particular as
regards their legal rights in a language that
the victims … can understand; (c) medical,
psychological and material assistance; and
(d) employment, education and training
opportunities (art. 6 (3)).
The Legislative Guide to the Protocol notes that
these support measures are intended to reduce
the suffering and harm caused to victims and to
assist in their recovery and rehabilitation. It further
notes that, while not obligatory, implementing
these provisions can bring important practical
benefits, for example by increasing the likelihood
of victim cooperation in investigations and
prosecutions, and preventing further harm such as
re-victimization. While these requirements are not
mandatory, States parties are required to consider
implementing them and are “urged to do so to the
greatest extent possible within resource and other
constraints” (para. 62).
The requirements of the European Trafficking
Convention on the point of victim support and
assistance are much stronger than those of
the Protocol. They echo the priority placed on
this matter by the Trafficking Principles and
Guidelines. States parties to the European
Trafficking Convention are required to provide
all victims within their territory with a range of
Basic Principles of Justice for Victims of Crime and
Abuse of Power, para. 14.
measures designed to “assist victims in their
physical, psychological and social recovery”.
Such assistance is also to be extended to
those who have been provisionally identified
as victims and, crucially, cannot be reserved
only for those agreeing to act as witnesses
(arts. 10 (2) and 12 (6)). It is to include, at
least, appropriate and secure accommodation,
psychological support and material assistance at
subsistence level; access to emergency medical
treatment; translation and interpretation services;
counselling and information; assistance with
legal proceedings and, for children, access to
education (art. 12 (1)). Additional provisions
are made for victims lawfully within the territory
of the State party (arts. 12 (3) and 12 (4)). The
SAARC Convention calls on States parties to
establish protective homes and shelters for the
rehabilitation of victims, and to make provisions
for legal advice, counselling and health care for
victims (art. IX (3)).
Regional soft law agreements and policy
statements affirm the importance of ensuring
that victims of trafficking are supported and
assisted. In Europe, these include the EU Plan on
Best Practices,324 the European Experts Group
Opinion of October 2005,325 the European
Experts Group Opinion of May 2004,326 the
Organization for Security and Co-operation in
Europe (OSCE) Action Plan,327 and the Brussels
Declaration.328 In Africa, they include the
324
Experts Group on Trafficking in Human Beings of the
European Commission, Opinion of 11 October 2005
in connection with the conference “Tackling human
trafficking: Policy and best practices in Europe” and its
related documents, 2.
Experts Group on Trafficking in Human Beings of
the European Commission, Opinion of 18 May 2004
on reflection period and residence permit for victims of
trafficking in human beings, para. 3.
326
327
OSCE Action Plan, Section V.
328
Brussels Declaration, para. 13.
323
148
EU Plan on Best Practices, para. 4 (vii).
325
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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