Abstract

Human trafficking is a highly profitable criminal activity that generates billions of euros. However, the low number of convictions is partly due to the fact that trafficking cases are often prosecuted as other crimes instead of being prosecuted as human trafficking. Judicial proceedings rely almost exclusively on victims' statements, but effective financial research is an important tool for obtaining evidence and risk assessment. To guarantee the rights of trafficking victims, states must rely on organizations with expertise in developing legal frameworks and comprehensive policies against trafficking. There is a need to establish formal channels for the participatory role of social organizations specialized in detection procedures and offering assistance to trafficking victims. There are no international standards regarding the nature, duration, and purpose of the recovery and reflection period for human trafficking victims. This lack of clear standards causes significant variation in national practices and confusion regarding necessary requirements for obtaining this measure. The residence permit is an important measure to guarantee victim protection and increase the likelihood of a victim cooperating with authorities for criminal prosecution. It is essential that states do not take criminal action against victims for offenses related to their trafficking situation, such as carrying false passports or working without authorization. Identifying and sharing best practices among national authorities is an effective tool to progressively improve detection and victim assistance standards. The right to an effective remedy is a fundamental human right of all individuals, including victims of trafficking, who must be respected, protected, and satisfied by the state in accordance with international human rights standards. The United Nations Special Rapporteur on trafficking in persons emphasizes that compensation for victims is a guarantee of non-repetition, as well as their right to related matters that allow them to truly exercise their right to an effective remedy under free and secure conditions.

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