Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 99
Trafficking provides that when the authorities have reasonable grounds
to believe that a person may be a victim of trafficking, the person must
not be removed from the territory until there has been a process to determine
whether the person is a victim, and pending the conclusion of
that process, must be afforded measures of protection and support. 246
Furthermore, where there are reasonable grounds to believe that the
person concerned is a victim, they have the right to an additional period
of 30 days, to recover and reflect, in order to escape from the influence
of the traffickers. During this period, no expulsion can be enforced. 247
States must provide social and psychological assistance for victims.
The UN Trafficking Protocol provides that States parties “shall consider
implementing measures to provide for the physical, psychological
and social recovery of victims of trafficking in persons” and, in particular,
the provision of appropriate housing; counseling and information, in particular
as regards their legal rights, in a language that the victims of trafficking
in persons can understand; medical, psychological and material
assistance; and employment, educational and training opportunities. 248
The Council of Europe Trafficking Convention includes a direct obligation
to adopt “legislative or other measures as may be necessary to assist
victims in their physical, psychological and social recovery.” 249 In addition,
States must provide necessary medical or other assistance to victims
lawfully resident within its territory who do not have adequate resources
and need such help; 250 and adopt rules under which such victims may
have access to the labour market, to vocational training and education. 251
Finally, States Parties must ensure that assistance to a victim is not made
conditional on his or her willingness to act as a witness. 252
246 Article 10.2, Council of Europe Trafficking Convention.
247 Article 13, Council of Europe Trafficking Convention.
248 Article 6.3, UN Trafficking Protocol. See also Article 39 CRC; General Comment No. 4: Adolescent
health and development in the context of the Convention on the Rights of the Child,
CRC, UN Doc. CRC/GC/2003/4, 1 July 2003, para. 37; General comment No. 3: HIV/AIDS
and the rights of the child, CRC, UN Doc. CRC/GC/2003/3, 17 March 2003, para. 36.
249 Article 12.1, Council of Europe Trafficking Convention. See also, Recommendation R(1991)11
of the Committee of Ministers to Member States concerning Sexual Exploitation, Pornography
and Prostitution of, and Trafficking in, Children and Young Adults, adopted by the Committee
of Ministers on 9 September 1991 at the 461 st meeting of the Ministers’ Deputies,
Article D(3); Recommendation Rec(2001)16 of the Committee of Ministers to Member States
on the protection of children against
sexual exploitation, adopted by the Committee of Ministers
on 31 October 2001 at the 771 st meeting of the Ministers Deputies, Article 34; Recommen
da tion R(2000)11
of the Committee of Ministers to Member States
on action against
trafficking in human beings for the purpose of sexual exploitation, adopted by the Committee
of Ministers on 19 May 2000,
at the 710 th meeting of the Ministers’ Deputies, Appendix,
Articles II(2), and V(34) and (35); Recommendation 1325(1997) on traffic in women and
forced prostitution in Council of Europe Member States, PACE, Article 6(v); Recommendation
1545 (2002) Campaign against trafficking in women, PACE, Article 10(ix)(g).
250 Article 12.3, Council of Europe Trafficking Convention.
251 Article 12.4, ibid.
252 Article 12.6, ibid.