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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Putting Victims First: The 'Social Path' to Identification and Assistance

By The 

Organization for Security and Co-operation in Europe (OSCE),  Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings

Identifying an adult or child as a victim of trafficking is the first stage of protecting them. In many countries, being identified as a trafficking victim is the gateway to services and support specific to trafficking victims, rather than services and support specific to, for example, refugees or children. The primary purpose of identification is not to gather evidence from potential witnesses or victims of crime, nor to collect data about the number of people who have been trafficked. It is to trigger a State’s obligation to provide protection, including all forms of assistance.
This assistance should not be conditional on victims’ co-operation with the criminal justice system. It should instead offer them a path toward recovery, rehabilitation and restoration of their rights. Indeed, such assistance increases the likelihood of victims regaining their agency and participating in all aspects of society, including criminal proceedings, with the goal of bringing their traffickers to justice.

Currently, in the majority of OSCE participating States, individuals can only be formally identified as victims of trafficking in human beings within the criminal justice system, usually by law enforcement. A recent OSCE report1 indicates that in approximately half of the OSCE participating States (29), only officials associated with law enforcement can designate a person as a trafficking victim. Moreover, in eight participating States only law enforcement can refer them to support services.

Vienna, Austria: OSCE, 2023. 40p,.