A HUMAN RIGHTS-BASED APPROACH TO TRAFFICKING IN PERSONS E4J University Module Series on Trafficking in Persons & Smuggling of Migrants Module 8 A HUMAN RIGHTS-BASED APPROACH TO TRAFFICKING IN PERSONS

LEARNING OBJECTIVES  Upon completion of this module, students should be able to: Understand what it means to be a “victim of trafficking in persons” Understand State’s obligations towards victims of trafficking under the Trafficking in Persons Protocol Identify the human rights of victims of trafficking Understand States’ responsibility for trafficking Comprehend the means of identification of victims Understand the implications of the principle of non-criminalization of victims of trafficking

Key components of the Module Trafficked persons as victims Protection under the Protocol against Trafficking in Persons Protection and assistance (article 6) Status of victims (article 7) Repatriation (article 8) The Protocol’s savings clause The broader international framework States’ responsibility for trafficking in persons Identification of victims The principle of non-criminalization of victims of trafficking Exercises

Trafficked persons as victims Protocol does not define “victim of trafficking”. Council of Europe Convention on Action against Trafficking in Human Beings and ASEAN Convention against Trafficking in Persons, Especially Women and Children (ACTIP) define a victim of trafficking as "any natural person who is subject to an act of trafficking in persons”. Persons may also be termed as "potential" or "presumed" victims of trafficking. Potential victims are people who have not yet been trafficked, but due to their vulnerability or other circumstances, are at risk of being trafficked. A presumed victim is a person whose circumstances indicate that they may have been trafficked, but no final determination has yet been made

Protection under the Protocol against Trafficking in Persons PROTECTION AND ASSISTANCE MEASURES Protection and assistance (article 6) Privacy and legal proceedings Recovery of victims (housing, medical and mental health care, education, legal advice, etc.) Physical safety Compensation Status of victims (article 7) Repatriation (article 8) Saving clause (article 14)

The broader international framework Key human rights for victims of trafficking Right to life Right to liberty and security Right of access to courts, equality and a fair trial Right not to be submitted to slavery, servitude and forced labour Right not to be subjected to torture, cruel, inhumane or degrading treatment or punishment Right to freedom of movement Right to the highest attainable standard of mental and physical health Right to an adequate standard of living Right to social security Additional rights for special groups of victims Non-refoulement

States’ responsibility for trafficking in persons STATES MUST Prevent Investigate Prosecute Provide assistance and protection to victims of trafficking Instances of trafficking in persons Principle 2 of OHCHR’s Recommended Principles on Human Rights and Human Trafficking

Identification of victims Importance of early and accurate victim identification Importance of distinguishing victim identification and ability to prosecute Importance to treat victims respectfully. If treated respectfully, victims are more inclined to testify against their traffickers Victims may be reluctant to identify themselves as victims Importance of providing reflection period to make an informed decision Importance of identifying other people in need of protection and assistance

The principle of non-criminalization of victims Victims should not be prosecuted, detained or punished for criminal acts committed as a direct consequence of their situation as trafficked persons, including for example illegal entry, falsification of travel documents or prostitution. The principle responds to the recognition that victims of trafficking are often given no choice by their traffickers to engage in forms of criminal conduct.

Exercises

Education for Justice

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