FINAL REPORT - Save the Children Italia Onlus

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FINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingPART IIPRACTICES FORIDENTIFICATIONAND SUPPORT OFCHILD VICTIMS OFTRAFFICKING4041
IIPARTFINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of Trafficking6. National reports on practices andmethodologies for identificationand support6.1 METHODOLOGICAL FRAMEWORKOF ANALYSIS OF IDENTIFICATIONAND SUPPORT PRACTICESOne of the project activities consisted in the identification of practices or methodologies ofidentification and support of child victims in the four project countries. Those practiceshave been analysed by using the following rights based methodological framework:StepsIDENTIFICATION PROCESSIHRLOtherinternationalinstrumentsNationallegislationFINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingIn the second column all steps of the identification and support process are listed.In the third column, “IHR” stands for international human rights law: the project partnersverified if international human rights treaties, and in particular, the CRC, the CRC Sale ofChildren Protocol, the International Covenant on Civil and Political Rights (ICCPR) and the UNSlavery Convention are ratified by the project countries and if the principles there enshrined cantherefore guide identification and support practices.In addition, it was considered if other international instruments, (see fourth column) such as theCoE Trafficking Convention and the UN Palermo Protocol are ratified and thus applicable in theproject countries.Also national legal frameworks have been taken into consideration (see fifth column).The practices or methodologies for identification and support of child victims have been collectedthrough interviews with relevant stakeholders who could also provide additional information anddetails in occasion of the national seminars 29 organised within this project. Amongst them werelaw enforcement agents, NGO representatives, representatives of the Judiciary and Institutions. 30Short reports presenting such analysis, legal frameworks and the practices or methodologies foridentification and support of child victims are included in the next section of this chapter.IIPART42IDENTIFICATION PROCESSDetection:• first contact: use of indicators• initial questioning• age assessment (in case of uncertainty)• assessment of relation between thechild and adults (if accompanied)Protection until the process ofidentification (and age assessment) iscompleted:• provision of food, accommodation,medical care• transfer to shelter/safe location• in-depth interview to assess the statusas trafficked child (following child’sconsent and assessment of his/hersuitability for interview)INTERIM CARE AND PROTECTION(once the identification process isconcluded)Assistance provided to children identifiedas victims of trafficking and/or as beingexploited (and potential victims). Including:• appropriate and secure accommodation• psychological assistance• material assistance• emergency medical treatment• health assistance• education and vocational training• access to counselling and information• translation and interpretationMid and long term solutions:• assistance and protection providedIn case of unaccompanied children:• representation (legal guardianshipprovided)• tracing and location of the familyif in the child’s best interest6.2 LEGAL FRAMEWORKS AND NATIONALREPORTS ON PRACTICESInternational Human Rights LawBulgaria, Germany, Italy and Romania have ratified the following instruments:• CRC 31 ;• ICCPR 32 ;• UN Slavery Convention 33 .Instead, the CRC Sale of Children Protocol is ratified by Bulgaria, Italy and Romania whileGermany has not proceeded as yet 34 .It follows that in the four project countries, any practice on identification and support of childvictims should be guided by the human rights principles enshrined in those instruments, theseincluding as a minimum:• the general principles enshrined in the CRC, already presented in section 1.3 of this report:- the best interest of the child (CRC, art. 3);- non-discrimination (CRC, art. 2);- right to participation (CRC, art. 12);- right to life, survival and development (CRC art. 6);• the principle by which “no one shall be held in slavery nor in servitude nor shall be required toperform forced or compulsory labour” (ICCPR art. 8).In addition, states have the legal obligation to protect, respect and fulfil the human rights of anyperson involved with institutions and practices mentioned in the UN Slavery Convention, as wellas the obligation to work not only for the abolition but also the abandonment of those practices.Other International InstrumentsBulgaria, Germany, Italy and Romania ratified the UN Palermo Protocol 35 and Bulgaria andRomania also ratified the CoE Trafficking Convention 36 , whose added value lies “in theaffirmation that trafficking in human beings is a violation of human rights and violates humandignity and integrity, and that greater protection is therefore needed for all of its victims” 37 .The implication is that any child shall be granted protection first and foremost because he/she is achild; that his/her rights should be respected, protected and fulfilled independently from him/her29See Chapter 8 of thisFinal Report.30Details are notprovided for privacypurposes, althoughavailable under requestto the EuropeanCommission.31Ratified by Bulgaria on03/06/1991; byGermany on06/03/1992; by Italy on05/09/1991; byRomania on28/09/1990.32Ratified by Bulgaria on21/09/1970; byGermany on17/12/1973; by Italy on15/09/1978; byRomania on09/12/1974.33Ratified by Bulgaria on21/08/1958; byGermany on14/01/1959; by Italy on12/02/1958; byRomania on13/11/1957.34Ratified by Bulgaria on12/02/2002; by Italy on09/05/2002; byRomania on18/10/2001.35Ratified by Bulgaria on05/12/2001; byGermany on14/06/2003; by Italy on02/08/2006; byRomania on04/12/2002.36Ratified by Bulgaria on17/04/2007; byRomania on21/08/2006.37CoE TraffickingConvention ExplanatoryReport, para. 36.43
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