La Strada Documentation Center

COMPENSATION FOR TRAFFICKED PERSONS FROM STATE FUNDS

Document number
2888
Date
2011
Title
COMPENSATION FOR TRAFFICKED PERSONS FROM STATE FUNDS
Author/publisher
E.A.M. de Weerd
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
human trafficking, compensation, victims, human rights, COMP.ACT project, state compensation funds
Summary

Human trafficking is a grave crime, receiving priority by both intergovernmental organizations and states in Europe. Since human rights violations are almost always inherent to human trafficking, people falling pray to this practice should be treated as victims of human rights violations. States have a responsibility towards victims of human rights violations and are obliged to provide effective remedies. One of these effective remedies is the right to compensation. Both nationally and internationally there is relevant legislation in place which provides for regulations for compensation for trafficked persons. One way to obtain compensation is to apply to a state compensation fund. Within Europe most states have compensation funds for victims of violent crimes in place. After exhausting other ways to compensation, trafficked persons are generally directed to these funds to apply for an award of compensation. This thesis questions the appropriateness of these funds for trafficked persons by studying four compensation funds in Europe and analyzing the difficulties trafficked persons experience when applying to the funds. This thesis outlines the legal framework of compensation, state compensation funds and the situation of trafficked persons and subsequently integrates these different concepts to show state compensation funds are difficult to access for trafficked persons.

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