The right to an effective remedy for trafficked persons 2011, para. 27
Paragraph- Paragraph text
- While noting these positive developments, the Special Rapporteur underlines that a comprehensive and holistic response aimed at the realization of this right is critical. As discussed in the Human Rights Council report, the realization of the right to an effective remedy hinges upon a variety of interrelated factors. Accurate identification of trafficked persons is a prerequisite for trafficked persons to be able to exercise the right to an effective remedy, as it is almost impossible to do so if they are misidentified as irregular migrants or criminal offenders. They must be also provided with a reflection and recovery period as well as the support and assistance necessary for their recovery on a non-conditional basis, so that they can make an informed decision as to what course of action they would like to pursue. If trafficked persons wish to seek compensation for the harms suffered, they need to be equipped with information about their rights and the avenues available to exercise their rights, legal assistance, interpretation and other necessary services, and regular residence status. Trafficked persons must be recognized as holders of rights from the moment that they are identified as trafficked and States must implement responses underpinned by all of these elements necessary for trafficked persons to enjoy the right to an effective remedy. Ad hoc measures designed to address only some of these aspects would be hardly sufficient if the right to an effective remedy were to be fully realized.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Other
- Paragraph number
- 27
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