FINAL REPORT - Save the Children Italia Onlus

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IIIPARTFINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingMETHODOLOGICALFRAMEWORK No. 5Measures of ProtectionThe framework outlined below should guide national stakeholdersin their presentation of measures available in national legalsystems to provide protection to child victims of trafficking andexploitation.Provide a presentation of the relevant legal instruments available in your national legalsystem. For each measure use one table. Each table shall include as a minimum the detailsspecified in the following methodological framework:FINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingMETHODOLOGICALFRAMEWORK No. 6Cooperation,Coordination,Approach:Statement of GoodPracticesThis part of the methodology gives a statement of good practicesthat should be followed in terms of cooperation and coordinationbetween professionals working in the field of trafficking and theapproach they should use. The statement is open for furtherdevelopment or re-adaptation where necessary, according to thenational context of stakeholders.IIIPARTSPECIFY NAME OF THE PROTECTION MEASURE AVAILABLECOOPERATION AND COORDINATION64FORMALREQUIREMENTSPROCEDURES TO BEFOLLOWEDTYPE OF PERMITGIVENASSISTANCEAVAILABLE UNDERTHE PROTECTIONMEASURE(Example: name and number of legislative instruments and relevant sections/articles, toll-freenumbers for victims…)Who can receiveprotection / accessthe serviceWhat form ofprotection is grantedProcedure to befollowed✓ Specify the requirementsExample: “persons suffering violence and abuse”, “victims of trafficking”,“unaccompanied minors”, “asylum seekers” etc.✓ Specify what measures are availableExample: “accommodation in a protected/secret shelter”, “materialassistance”, “emergency medical treatment”, “access to counselling andinformation”, “translation”, “type of immigration permit or assistancegranted” etc.✓ If it is a service made available to victims (e.g. toll-free number), describewhat assistance is offered✓ Specify who is responsible for the application of the protectionprogramme or schemeExample: NGOs receiving specific funds, Local Institutions etc.✓ Specify what formal steps shall be taken to guarantee that theprotection is givenExample: child victims shall formally declare they accept to receiveprotection; this declaration is given to stakeholders managing protectionschemes; no conditionality of protection on the willingness of the victimto act as a witness.IF USEFUL, PROVIDE A COMPARISON BETWEENTHE PROTECTION MEASURES AVAILABLESPECIFY NAME OF PROTECTIONMEASURE COMPAREDSPECIFY NAME OF PROTECTIONMEASURE COMPAREDCooperationNetworkingOperating ProceduresContact PersonLanguage used andprofessionals involvedProtection from theexploiters / traffickersAll stakeholders, including Institutions, law enforcement agencies, NGOsand other professionals dealing with children, should establish proceduresfor multidisciplinary, inter-agency cooperation in order to ensure theadequate protection of child victims.It is most important that cooperation works on both a local and a nationallevel, and both between institutions and private social welfare providers. Itwould be best if this cooperation was formalised by way of memorandumsof understanding between institutions and other relevant organisations.An operational network, composed of all stakeholders dealing with childvictims of trafficking or exploitation, should be formed and in particularinclude the following:Public actors: law enforcement agencies, the judiciary, social services andjuvenile justice institutions.Private actors: NGOs, such as those running shelters or those working instreet education.The network should make available:• a roster of trained professionals, such as cultural mediators/interpreterspsychologists, educators, doctors, social workers etc., to guarantee theavailability of timely and adequate intervention where needed• a list of secure shelters shall be available in order to ensure thatadequate assistance be provided where needed (adequacy shall bedetermined also in relation to the age, sex, and psychological andphysical conditions of the victim). Under no circumstances may a child beplaced in a law enforcement detention facility• specific agreements shall regulate and guarantee the child victim’s accessto public health facilities and clinicsCommon operating procedures should be adopted:• establishing a clear demarcation of mandates and capacity (who isavailable, competence, availability) of all stakeholders• stating the procedures to be followed when an actual/potential childvictim is detected• defining modes of cooperation between stakeholders (particularlyinteraction between public and private sector actors)All stakeholders shall appoint• within the organisation: a contact person on child trafficking andexploitation, having specific expertise on this matters. He/she shallestablish good relations with the operational network in order tooptimise the impact of his/her work• within the organisation (or at least within the network): specially trainedpersonnel to interview child victims about their experienceAny communication with the child shall be in his/her language or, wherethis is not possible, in a language that he/she can understand.The child shallbe given the possibility to use modes of communication suited to his/herage (e.g. drawings). A cultural mediator and, where possible, an interpretershall be present.In addition, the involvement of peer educators is recommended.Protection measures should be adopted, including:• secret shelters: located far from residential areas, in order to guaranteethe child’s security, protection from the exploiter and discourage thechild from leaving the centre. Where necessary, the child may betransferred to a different city• law enforcement agents should guarantee their constant presence nearthe shelters, to discourage traffickers from approaching the place65
IIIPARTFINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingTraining of workersInformationThe in-depthinterview• Judicial officers should be empowered to confiscate child victim’s cellularphones in order to prevent their use by exploiters in exerting continuedcontrol over the childProfessionals working with potential victims should be specially trained onchildren’s rights, as well as trafficking, exploitation and tools and proceduresavailable for the child’s identification as a victim of trafficking and their support.Awareness raising and information materials on children’s rights alsoproviding useful contacts for child victims should be available in all locationswhere organisations and institutions within the network operate.Thematerials should be translated in languages which those childrenunderstand, and be visible.Where there is the suspicion that a child is a victim of trafficking orexploitation, the child should be immediately referred to the professionalsresponsible for conducting an in-depth interview with the child.Theinterview must be conducted in accordance with the principles presentedin Section 3 of the AGIS methodology.Information gathered in the interview must be confidential and not usedfor legal purpose (at least not before the child is in a position to providefree and informed consent in that regard). When the victim is a child, theconsent shall be given in the presence of adults responsible for him/her,who can be a legal guardian appointed by the Judiciary.FINAL REPORTDevelopment of a Child Rights Methodology to Identify and Support Child Victims of TraffickingMETHODOLOGICALFRAMEWORK No. 7Recommendations onOperating ProceduresThe methodological framework that follows shall guide thedevelopment of recommendations on operating procedures, ageassessment procedures and procedures to assess relations between thechild and accompanying adults. Operating procedures are thoseapplicable at the border, on the street and other places wherevictims are exploited, in shelters and in the penal circuit.Although the first methodological framework below shall be usedfor the development of both operating procedures applicable atthe border and operating procedures applicable on the street, andother places where victims are exploited, it is recommended todevelop a separate table for each set of procedures.The AGIS methodology recommends different colours be usedfor each location where operating procedures shall be applied: atthe border, on the street or other places of exploitation, and placeswhere children are held, such as shelters and the penal circuit.This is done with a view to helping users find relevantinformation. To be consistent, the colours should correspond tothose used for Methodological Framework No. 2.IIIPARTThe scope of thein-depth interviewThe objective of the in-depth interview is not to ascertain facts or collectevidence in an investigative sense.Rather, it is intended to evaluate whether a child is a potential or actualvictim of trafficking or serious exploitation. When this is confirmed, themost suitable tools and mechanisms available for the child’s immediateprotection shall be activated.OPERATING PROCEDURES APPLICABLE AT BORDERSOPERATING PROCEDURES APPLICABLE ON THE STREETAND OTHER PLACES WHERE CHILDREN ARE EXPLOITEDAPPROACH TO BE USED BY PROFESSIONALSWORKING IN THE FIELDDetection ofunaccompanied child✓ Specify what procedures shall be followed if an unaccompanied child ora child accompanied by an adult without valid documents is detected atthe border/on the street or other places where children are exploitedOverall approachtowards identificationGeneral approachtowards protectionand supportDealings withpotential victimsThe exploiterVictim’s possiblereactionsWhenever contact is made with a child (or someone who has just comeof age) who belongs to one of the groups at risk of trafficking, they mustbe observed in light of the indicators of trafficking/exploitation described,and with a view to reading any signs that may assist the identification of thechild as a victim of trafficking.Whenever the suspicion arises that a child (or someone just come of age)is a victim of trafficking or exploitation, the child must be treated as thoughthey are in fact a victim, and the relevant protection procedures (asprovided in the law or otherwise) must be activated.The activation of suchprocedures must not be dependent on the child or young adult’scollaboration with authorities or other members of the network.When interacting with potential children at risk, aggressive orconfrontational behaviour as well as any sort of demonstration ofsuperiority or authority should be avoided. It is extremely inappropriate tomake deals with the child to obtain information that take advantage oftheir vulnerability to prosecution for certain crimes or repatriation (ordeportation, if they are of age).Particularly in early stages, the exploiter should not be denigrated ordemonised, as they often present themselves as a very capable figure, andclose to the child.The “deconstruction” of this image often requires muchmore time, and often only occurs after the child has decided to activelyescape from the exploitative situation.To be taken into account:• it is normal for a child to take some time to acknowledge their status asa victim• prior to this self-awareness, aggressiveness or extreme hostility shown bythe child towards others are usually linked to the experience suffered• it is likely that the victim has suffered physical and/or psychological violence,which may have caused trauma that is difficult to identify and read• one of the typical reactions to this kind of trauma, is the difficulty ornear-impossibility (especially at the beginning) in coherently andchronologically recounting their life story to that pointAge assessmentIdentificationIn-depth interviewThe child is nota victim of trafficking:Information andproceduresInterim protection✓ Ensure the principle of the “benefit of the doubt” is respected, that is, incase of doubt there should be a presumption that someone claiming to beless than 18 years of age, will provisionally be treated as such✓ Suggest which stakeholders are responsible for the application of theindicators of trafficking developed under the AGIS methodology andspecify the mandate each stakeholder must followExample: law enforcement agents with the support of NGOs areresponsible for assessing the application of indicators of trafficking tospecific cases.Where the indicators of trafficking apply to a specific case (see exampleabove):✓ Specify the procedures for referring a child to a specialised professionalresponsible for conducting the in-depth interview✓ Recommend the application of the ethical and methodological principlesapplicable in interviews presented in Section 3 of the AGISmethodologyIf the indicators of trafficking DO NOT apply to the specific case:✓ Specify the procedures that shall be implemented and the form ofprotection that will be granted to the child, first and foremost becausehe/she is a child (regardless of their nationality or immigration status)✓ Specify what materials can be provided to the child to inform him/herabout their rights and protection measures available✓ Specify what form of interim protection and care is available,considering that in all cases, any child has the right to receive it (e.g.emergency medical assistance, material assistance...)✓ Specify what referral mechanisms will be activated where a child isidentified as a victim of traffickingThe AGIS methodology recommends that a secure and secret sheltershall be contacted and a referral mechanism immediately implemented.6667
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FINAL REPORT - Save the Children Italia Onlus

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