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Part Two. Article 6 375Rolling text (A/AC.254/4/Add.3/Rev.3)“Article 7“Victim rehabilitation 21“1. Each State Party shall ensure that its legislative framework 22 contains 23measures that provide victims of trafficking in persons with access 24 to adequate procedures25 for seeking:“(a) Compensation for damages, including compensation coming from fines,penalties or, where possible, forfeited proceeds or instrumentalities of perpetrators oftrafficking in persons; 26 and“(b) Restitution from the offenders. 27“2. Each State Party shall consider implementing measures to provide for thephysical, psychological and social recovery of victims of and witnesses to crimes coveredby this Protocol, in order to foster their health, self-respect and dignity, in a28, 29manner appropriate to their age, gender and special needs.”Notes by the Secretariat7. At the fourth session of the Ad Hoc Committee, the Special Rapporteur on violenceagainst women, its causes and consequences, basing her comments on the text of thedraft protocol contained in document A/AC.254/4/Add.3/Rev.2, proposed that the term“rehabilitation” should be replaced by the term “reintegration” and that the phrase “inappropriate cases” should be deleted in paragraph 1 (see also on this last point the concurringopinion of the United Nations High Commissioner for Human Rights, as reflectedin document A/AC.254/16, para. 18). It was also suggested that paragraph 1 should beamended so that confiscation of traffickers’ assets was mentioned and the amount of compensationwas determined according to gravity of harm. As far as paragraph 2 was concerned,it was proposed that the wording should be made mandatory (“shall enforcemeasures”), and that the right of access to voluntary and confidential health testing servicesshould be stipulated (see A/AC.254/CRP.13). At the same session of the Ad HocCommittee, the International Labour Organization submitted a note (A/AC.254/CRP.14),21At the fourth session of the Ad Hoc Committee, some delegations suggested that the title of this article should bechanged to “Compensation and restitution of victims” (see for example the proposal of Mexico, A/AC.254/5/Add.12) or“Victim reintegration” (see for example the proposal of India, A/AC.254/L.65).22At the fourth session of the Ad Hoc Committee, some delegations suggested replacing the words “legislative framework”with the words “domestic law”.23At the fourth session of the Ad Hoc Committee, some delegations suggested inserting the words “or permits” afterthe word “contains”.24At the fourth session of the Ad Hoc Committee, one delegation suggested that such access should be available tovictims who returned to their country of origin or habitual residence of choice.25At the fourth session of the Ad Hoc Committee, one delegation suggested including a specific provision for children.26At the fourth session of the Ad Hoc Committee, some delegations expressed concern about linking compensation tofines, penalties and confiscated proceeds, while others suggested incorporating into this article the idea of using proceedsfrom confiscation and seizure to benefit victims, a provision contained in article 5 bis. The Holy See suggested insertingafter subparagraph 1 (b) of this article the second sentence of article 5 bis.27At the fourth session of the Ad Hoc Committee, Austria suggested replacing subparagraphs (a) and (b) of this paragraphwith the following: “(a) compensation for damages; and (b) restitution”. It was further suggested that the terms shouldbe defined in a footnote.28At the fourth session of the Ad Hoc Committee, some delegations suggested incorporating paragraph 2 of thisarticle in article 4.29At the fourth session of the Ad Hoc Committee, China suggested adding a new article, 7 bis, entitled “Measures toeliminate trafficking in women and children [persons]” (see A/AC.254/L.52).