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370 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeby <strong>this</strong> Protocol by making legal proceedings relating to trafficking in personsconfidential. 8“2. States Parties shall ensure that their legislative or administrative 9 frameworkscontain measures that permit providing to victims <strong>of</strong> crimes covered by <strong>this</strong>Protocol, in appropriate cases: 10“(a) Information on the relevant court and administrative proceedings;“(b) Assistance to enable their views and concerns to be presented and consideredat appropriate stages <strong>of</strong> the criminal proceedings against the <strong>of</strong>fenders, in amanner not prejudicial to the rights <strong>of</strong> the defence.“3. In appropriate cases and to the extent possible, States Parties shall considerimplementing measures to provide for the physical and psychological recovery <strong>of</strong>victims covered by <strong>this</strong> Protocol and, in particular:“(a) Appropriate housing;“(b) Counselling and information, in the language that the trafficked personscan understand, in particular as regards their legal rights;“(c) Medical, psychological and economic assistance; and“(d) Employment, educational and training opportunities. 11“4. States Parties shall take into account, in applying the provisions <strong>of</strong> <strong>this</strong>article, the special requirements <strong>of</strong> children, including appropriate housing, educationand care. 12“5. States Parties shall endeavour to provide for the physical safety <strong>of</strong> victims<strong>of</strong> crimes covered by <strong>this</strong> Protocol while they are within their territories. 138At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, there was general agreementthat the words “in appropriate cases and to the extent possible” should be retained without square brackets and thatthe words “making legal proceedings relating to trafficking in persons confidential” should be inserted at the end <strong>of</strong> thesentence to emphasize that open public legal proceedings were the norm but confidentiality should be applied to protectvictims in appropriate cases.9At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, there was general agreementthat a reference to administrative frameworks should be included to allow for non-legislative compliance with <strong>this</strong>requirement.10At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, there was general agreementthat article 4, paragraph 2, <strong>of</strong> the previous text should be divided into two separate subparagraphs, the first containingformer subparagraphs (a) and (b) and the second containing former subparagraphs (c) and (d). It was also agreed thatthe reference to victims should be moved from subparagraphs (a) and (b) to the chapeau <strong>of</strong> paragraph 2. Some delegationssuggested that <strong>this</strong> provision might raise issues regarding the federal or regional division <strong>of</strong> powers for some countries andthat it was linked to similar issues that were under discussion in the draft convention.11At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, there was general agreementthat subparagraphs (a) and (b), which were subparagraphs (c) and (d) <strong>of</strong> article 2 in the previous text(A/AC.254/4/Add.3/Rev.5), should be incorporated in a separate paragraph <strong>of</strong> a non-obligatory nature and that further amendmentsshould be included as new subparagraphs (c) and (d). Some delegations suggested that a reference to essentialmedical care should be made in paragraph 2, the obligatory provision.12At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, there was general agreementthat <strong>this</strong> new paragraph should be added. During the eighth session <strong>of</strong> the Ad Hoc Committee, the Office <strong>of</strong> the UnitedNations High Commissioner for Human Rights, the Office <strong>of</strong> the United Nations High Commissioner for Refugees, theUnited Nations Children’s Fund and the <strong>International</strong> Organization for Migration submitted a note in which the need forspecifically protecting the rights and interests <strong>of</strong> trafficked children was emphasized (see A/AC.254/27 and Corr.1, paras. 6and 9).13At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, one delegation suggestedthat the beginning <strong>of</strong> <strong>this</strong> paragraph should read “States Parties shall cooperate with each other”. Another delegation suggesteddeleting <strong>this</strong> paragraph because it was unclear whether it would apply to victims only while they were involved inlegal proceedings or for the entire duration <strong>of</strong> their stay in the receiving State.

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