4.
In cases where children are not accompanied by relatives or guardians,
taking steps to identify and locate family members. Following a risk
assessment and consultation with the child, measures should be taken to
facilitate the reunion of trafficked children with their families where this is
deemed to be in their best interest.
5.
In situations where the safe return of the child to his or her family is not
possible, or where such return would not be in the child’s best interests,
establishing adequate care arrangements that respect the rights and dignity of
the trafficked child.
6.
In both the situations referred to in the two paragraphs above, ensuring
that a child who is capable of forming his or her own views enjoys the right to
express those views freely in all matters affecting him or her, in particular
concerning decisions about his or her possible return to the family, the views
of the child being given due weight in accordance with his or her age and
maturity.
7.
Adopting specialized policies and programs to protect and support
children who have been victims of trafficking. Children should be provided
with appropriate physical, psychosocial, legal, educational, housing and
health-care assistance.
8.
Adopting measures necessary to protect the rights and interests of
trafficked children at all stages of criminal proceedings against alleged
offenders and during procedures for obtaining compensation.
9.
Protecting, as appropriate, the privacy and identity of child victims and
taking measures to avoid the dissemination of information that could lead to
their identification.
10. Taking measures to ensure adequate and appropriate training, in
particular legal and psychological training, for persons working with child
victims of trafficking.
Guideline 9: Access to remedies
Trafficked persons, as victims of human rights violations, have an international legal right to
adequate and appropriate remedies. This right is often not effectively available to trafficked
persons as they frequently lack information on the possibilities and processes for obtaining
remedies, including compensation, for trafficking and related exploitation. In order to
overcome this problem, legal and other material assistance should be provided to trafficked
persons to enable them to realize their right to adequate and appropriate remedies.
States and, where applicable, intergovernmental and non-governmental organizations,
should consider:
1.
Ensuring that victims of trafficking have an enforceable right to fair and
adequate remedies, including the means for as full a rehabilitation as possible.
These remedies may be criminal, civil or administrative in nature.
2.
Providing information as well as legal and other assistance to enable
trafficked persons to access remedies. The procedures for obtaining remedies
should be clearly explained in a language that the trafficked person
understands.
3.
Making arrangements to enable trafficked persons to remain safely in the
country in which the remedy is being sought for the duration of any criminal,
civil or administrative proceedings.
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