(iv) Whether international law requires States to provide legal and social assistance to trafficked persons International law does require a certain level of legal or welfare assistance to persons as a general matter of human rights law, for example ICCPR (Article 14(d)) and ICESCR (Articles 2 and 3). International law, however, in certain circumstances does permit States to make special provisions regarding legal and welfare assistance rights depending upon citizenship/residential status in the country. Nevertheless, trafficked persons are victims of crime and, as such, are entitled to the assistance and support of the State. This principle can be inferred from basic principles of human rights and is enshrined in the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.12 The Trafficking Protocol, when it comes into effect, has relatively weak provisions in relation to legal and welfare assistance to trafficked persons. Under Article 6(2) State Parties are to ensure that their domestic legal or administrative systems contain measures that provide to victims of trafficking in persons information on and assistance in relevant court and administrative proceedings, but only “in appropriate cases”. Article 6(3) requires States only to “consider” implementing measures relating to housing, health and employment, educational and training opportunities. Article 6(6) states that “[e]ach State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered”. The Council notes the practical difficulties that obtaining damages may pose for trafficked persons who have been repatriated. The Recommended Principles and Guidelines set out best practices in this area. (v) Whether international law prevents the compulsory testing of trafficked persons for HIV/AIDS and other diseases Yes, if such testing constitutes an illegal form of discrimination. The Council notes that Recommended Guideline 6 provides that appropriate protection and support should be extended to all trafficked persons without discrimination; and that Guideline 6(2) provides that trafficked persons should not be subject to mandatory testing for diseases, including HIV/AIDS. The general question of compulsory testing for diseases is an important and a complex one for contemporary human rights law. Any further analysis of this question, beyond the general principles mentioned above, requires further research and analysis. Any testing (whether voluntary or compulsory) should be consistent with the dignity and rights of the trafficked person. 12 Adopted on the recommendation of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, by the General Assembly in its resolution 40/34 of 29 November 1985. 14