Research template for collecting and analysing data on the access of trafficked persons to compensation
- Document number
- 2954
- Date
- 2013
- Title
- Research template for collecting and analysing data on the access of trafficked persons to compensation
- Author/publisher
- La Strada International
- Availability
- View/save PDF version of this document
- Document type(s)
- Guidelines/Recommendations, LSI publication, Research/Study/Analysis,
- Keywords
- human trafficking, migration, exploitation, compensation, research, analysis, study
- Summary
From December 2009 to December 2012, the COMP.ACT project worked to bring about systematic and practical changes to ensure that trafficked persons receive compensation for their suffering and unpaid labour. Partners in 13 countries conducted research on the existing possibilities and the identification of obstacles in systems and procedures that prevent those trafficked from accessing compensation. The partners formed national coalitions on compensation, and presented recommendations to ensure access to justice for trafficked persons. Several partners have engaged with lawyers to support their clients in compensation claims and with law firms to inform the legal community on the right to compensation. COMP.ACT partners have supported over 50 trafficked persons in claiming compensation, with the highest amount granted being € 54 000.
Internationally, the COMP.ACT awareness-raising campaign contributed to the inclusion of compensation in the anti-trafficking agenda of intergovernmental organisations. For example, compensation is now covered by the EU Directive on preventing and combating trafficking in human beings and protecting the victims EU/2011/36 and the in The EU Strategy towards the Eradication of Trafficking in Human Beings 2012 – 2016.
In the first year COMP.ACT developed this Research Template for a country-level study on compensation. The template covers data collection on access to compensation for trafficked persons and an analysis of barriers in accessing it at the national level. It assists in formulating recommendations to strengthen the victims’ ability to assert their right to compensation.
The obstacles for trafficked persons to claim and receive compensation include lack of access to information, assistance and legal aid on the part of the victim, as well as lack of capacities, knowledge and experience in seeking compensation for trafficked persons on the part of the judiciary, lawyers, service providers, nongovernmental organisations and trade unions. Moreover, fear and intimidation, language barriers and insecurity about their immigration status may act as barrier. Even when compensation orders are made against traffickers, in practice it appears to be extremely difficult to enforce such orders and actually receive compensation. Where State compensation funds exist, they are often limited and may exclude groups on the basis of nationality, residence status, or types of crimes that the victim suffered.