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Human Trafficking Victims Rights

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Human Trafficking Victims Rights

October 23, 2009 by ligia.valdivia  
Filed under Immigration

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Regarding the rights for victims of human trafficking, the following principles should be followed in order to protect the victim:

1.- Principle of Non-Discrimination: States shall not discriminate against trafficked persons in substantive or procedural law, policy or practice.

2.- Safety and Fair Treatment: States shall recognize that trafficked persons are victims of serious human rights abuses, protect their rights notwithstanding any irregular immigration status, and protect them from reprisal and harm.

3.- Access to Justice: The police, prosecutors and court shall ensure that their efforts to punish traffickers are implemented within a system that respects and safeguards the rights of the victims to privacy, dignity and safety. An adequate prosecution of traffickers includes prosecution, where applicable, for rape, sexual and other forms of assault ( including, without limitation, murder, forced pregnancies and abortions), kidnapping, torture, cruel, inhuman or degrading treatment, slavery or slavery-like practices, forced or compulsory labor, debt bondage, or forced marriage.

4.- Access to Private Actions and Reparations: States must ensure that trafficked persons have a legal right to seek reparations from traffickers as well as assistance in bringing such actions, if necessary.

5.- Resident status: States shall provide trafficked persons with temporary residence visas (including the right to work) during the pendency of any criminal, civil or other legal actions and shall provide trafficked persons with the right to seek asylum and have the risk of retaliation considered in any deportation proceedings.

6.- Health and other services: States shall provide trafficked persons with adequate health and other social services during the period of temporary residency.

7.- Repatriation and Reintegration: States shall ensure that trafficked persons are able to return home safely, if they so wish, and when they are able to do so.

8.- State Cooperation: States must work cooperatively in order to ensure full implementation of these Standards.

It’s very important to build working relationships with Law enforcement in your area, meaning identify the Agents in charge of the Human Trafficking cases and make sure that the rights of the victims are respected and protected; a big issue with Human Trafficking cases it’s usually the lack of knowledge of some Law enforcement Agents to deal with trafficked victims and in many cases they just refer the victim to Immigration Authorities for their Deportation.