· It is the obligation of States to ensure that women victims of violence have full access to justice, including reparations.
· Reparations encompass compensation, restitution, rehabilitation, measures of satisfaction, and guarantees of non-repetition.
· Victims must be adequately informed of their rights to reparations.
· The reparation process should “allow for women and girls to come forward when they are ready and the registration process should take into account obstacles women may face if displacement is necessary or other costs are implicated.”
· The reparation process “must not expose women to further harm, stigmatization and ostracism and should take into account their safety and best interest at all times, including by ensuring confidentiality and avoiding public disclosure of violations suffered.”
· The reparation process should ensure eligibility standards for reparations are inclusive, avoid re-victimization, and are aware of obstacles and challenges victims of certain crimes may face.
· The reparation process should ensure meaningful participation by the victim in the design and delivery of reparations.
· Generic compensation schemes that do not have a requirement of prosecution or conviction provide a positive avenue through which women who experience violence can claim compensation. This is especially significant given the low number of convictions in various areas.
· Remedies and reparation programmes should be also created in post-conflict settings.
· In traditional and informal justice processes, care should be taken to monitor customary dispute-resolution mechanisms as well as differences in outcomes that exist between decisions at the formal judicial level and the non-formal process that fail to protect women’s rights. (See also the module on Justice that reviews formal and informal justice mechanisms.)
· In developing reparation policies and programs, there is a call for “substantive participation of women who have been subjected to violence and civil society actors, such as women’s groups and community leaders, alongside men and boys, to ensure a holistic concept of remedies and reparations.”
· Effort should be made to ensure remedies and reparations “are specific to individual circumstances and culture in order to prevent discrimination, stigmatization, and re-victimization of victims of violence.”
(See: Summary of the Human Rights Council panel discussion on the theme of remedies for women subjected to violence, Human Rights Council, 2012)
· Partners have reported an increase in the number of trafficked persons applying for and receiving compensation. For example, since 2010, LEFӦ-IBF of Austria has claimed compensation for every trafficked person in criminal court, and that 7 persons in 2012 were awarded compensation.
· Inclusion of compensation in anti-trafficking policies and action plans. For example, Bulgarian partners, Animus Association/La Strada Bulgaria successfully incorporated compensation into the national referral mechanism.
· Increased knowledge of compensation and access to information and strategies to effectively claim compensation for victims and advocates. For example, La Strada Ukraine trained hotline consultants and La Strada Belarus conducted six regional trainings for law-enforcement.
· Increased knowledge and awareness about compensation internationally. Since the beginning of the campaign, compensation has been included in a number of international or regional legislation and policy. For example, the European Union Directive 2011/36/EU includes the right to compensation, and the Group of Experts on Action against Trafficking in Human Beings that monitors the implementation of the Council of Europe Convention (GRETA) have included information on compensation in their country reports and recommended member states to remove any barriers that may be in place for victims of trafficking.
COMP.ACT Toolkit, COMP.ACT Project:
European Action for Trafficked Persons, 2012, in English.
Representing Trafficked Persons in Compensation Claims, COMP.ACT Project:
European Action for Trafficked Persons, 2012, in English.
Listen to the Secretary General of the Council of
Europe announce the launch the COMP.ACT campaign to demand compensation for
trafficking victims. Listen
(See: COMP.ACT: Findings and Results of the European Action for Compensation for Trafficked Persons, COMP.ACT Project, 2012)
(See: UNODC Model Law Against Trafficking in Persons, Art. 28, 2009; Polaris Project Model Comprehensive State Legislation to Combat Trafficking in Persons, 1.8, 2006; Model Provisions for State Anti-Trafficking Laws, Center for Women and Public Policy, Mandatory Restitution to Victims Proposed Language, 4, 2005; State Model Law on Protection for Victims of Human Trafficking, Division C, 2005.)
Financial Recovery: A Victim’s Guide to Restitution, CalVCP and CDCR Office of Victim and Survivor Rights and Services, available in English.
Maximizing Restitution Awards for Labor and Sex Trafficking Victims: A Guide for Federal Prosecutors and Pro Bono Attorneys, Fulbright and Jaworski L.L.P and Polaris Project, 2013, in English.
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