FINAL REPORT - Save the Children Italia Onlus

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