Access to justice is a fundamental right of victims of trafficking and an essential element in ensuring their effective protection, redress for harm, and non-repetition.
For victims of trafficking, access to justice means:
- Being able to report the facts without fear
- Having real and effective access to courts
- Participating in criminal proceedings
- Receiving free legal aid
- Obtaining redress and compensation
- Being protected from reprisals and revictimisation It is not just a question of formal access to a judge, but of effective access adapted to their situation of vulnerability.
Victims of crime have a number of rights that are recognised throughout the European Union, established by Directive 2012/29/EU, which has undoubtedly been a significant step forward in terms of protection.
Member States must guarantee the rights recognised for victims of trafficking and adopt specific protection measures. These rights, derived from European legislation (Directive 2011/36/EU and the Council of Europe Convention), are key to recovery and redress and include.
The right to receive information from the first contact with a competent authority in a manner that is understandable and appropriate to their circumstances.
- Right to receive assistance for physical, psychological and social recovery, which shall include at least counselling and information, adequate and safe accommodation, medical, psychological and material assistance, legal advice, education and training opportunities in accordance with age, gender and special needs, and, in particular, taking into account the special needs of children.
- The right to appropriate protection based on an individual assessment of the risk and their needs.
- The right to receive free legal advice and representation.
- The right not to be detained, charged or prosecuted for violations of immigration law and/or for illegal activities in which they have been involved as a direct result of their status as victims of trafficking.
- Right to comprehensive reparation for the harm suffered, including measures of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
- Right to apply for a residence and work permit in the case of foreign victims of trafficking from third countries.
- In the case of child victims of trafficking, specific measures must be guaranteed that prioritise the best interests of the child and their particular circumstances.
- Reporting crimes and cooperating with the justice system is a right, not an obligation. In any case, access to justice cannot depend on the administrative or immigration status of the victim.