42. Trafficked women and girls,
including those who do not hold an immigration status, must be ensured access
to justice on the basis of equality and non-discrimination including the
prosecution of their perpetrators and provision of remedies. However, existing
justice systems may be more likely to violate women’s rights than to protect
them, including by subjecting victims to criminalization, stigmatization,
revictimization, harassment and possible retribution.
A. Remedies for victims of trafficking
43. Article 2(b) of the Convention
obligates States parties to provide appropriate and effective remedies,
including restitution, recovery, compensation, satisfaction and guarantees of
non-repetition, to women whose Convention rights have been violated. Victims of
trafficking often encounter significant difficulties in claiming compensation
and other forms of reparation, including damages, for the harm suffered for
reasons including where: it is made conditional upon cooperation with law enforcement
authorities; victims do not have access to high-quality, gender-sensitive,
trauma informed legal aid and representation; residency permits are tied to
criminal justice processes and repatriation occurs prior to seeking or
obtaining civil remedies; the victim bears the burden of proof in civil claims;
survivors of trafficking are not identified as victims of a crime for the
purpose of reparations owed under law; or where monetary compensation is
unavailable or the proceeds of crimes are not redistributed to victims.
B. Investigations, prosecutions and punishment of perpetrators
44. Obstacles to prosecution include
lack of special court procedures to accommodate victims’ needs, deficiencies in
the quality of justice systems including gender bias and victim-blaming
rhetoric in courts resulting in discriminatory judgments or decisions, explicit
or implicit social acceptance of gender-based violence against women, delays
and excessive length of proceedings, corruption of State officials and their
implication in crime and ignorance of demand for all forms of exploitation,
including sexual exploitation.
45. The Committee acknowledges the
complexity and the high level of skill required to investigate and prosecute
allegations of trafficking in women and girls that may implicate criminal
networks operating transnationally. The transnational nature of human
trafficking and migration requires cooperation by all affected countries and
their participation in an effective and appropriate international response to
protect the rights of victims. States parties have a duty to accept and
facilitate the voluntary return of their nationals trafficked abroad.
46. The Committee condemns the use of
anti-trafficking interventions to justify violence against specific groups of
women, particularly in the case of violent raids and entrapment operations by
law enforcement authorities conducted with a view to dismantling trafficking
networks.
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