European Network Against Trafficking in Human Beings

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Compensation for Trafficked and Exploited Persons in the OSCE Region

Document number
1635
Date
2008
Title
Compensation for Trafficked and Exploited Persons in the OSCE Region
Author/publisher
Office for Democratic Institutions and Human Rights (ODIHR), Organization for Security and Co-operation in Europe (OSCE)
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
Albania, France, Moldova, Romania, Russian Federation, Ukraine, United Kingdom, United States of America, Victims (of trafficking), Trafficked persons, Criminal proceedings; Legal assistance, Civil Law Suit, Human trafficking cases, Compensation, National Referral Mechanisms; Victim support services; Restitution; Remuneration; Individual complaint mechanisms; Prevention, Awareness Raising, Media, Information Campaigns, Empowerment, Advocacy, Civil society, NGO, Human Rights approach, Activism, Education, Training;
Summary
The assessment analyses the right to compensation for trafficked persons in internationallaw through the lens of a wide range of international standards that relate to combatingtrafficking, the rights of crime victims, the rights of migrants, labour rights and the rightsof victims of gender-based violence. It analyses how the right to compensation for victims of trafficking is implemented in eight different OSCE states - Albania, France, Moldova, Romania, the Russian Federation, Ukraine, United Kingdom, and the United States of America.The report looks at compensation options in civil and criminal courts, as well as through labour tribunals, and presents recommendations to improve compensation mechanisms for trafficked and exploited persons.It concludes that the right to compensation mainly consistsof a right to claim compensation from the trafficker/exploiter and, in cases of violentcrime, a right to compensation from state funds. These standards have also developed theprinciple that the profits made by traffickers through their exploitative activities should beused to benefit trafficked persons either individually or collectively.
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