E/2002/68/Add.1
shall provide protection and temporary residence permits to victims and witnesses
during legal proceedings.
10. Children who are victims of trafficking shall be identified as such. Their best
interests shall be considered paramount at all times. Child victims of trafficking
shall be provided with appropriate assistance and protection. Full account shall be
taken of their special vulnerabilities, rights and needs.
11. Safe (and, to the extent possible, voluntary) return shall be guaranteed to
trafficked persons by both the receiving State and the State of origin. Trafficked
persons shall be offered legal alternatives to repatriation in cases where it is
reasonable to conclude that such repatriation would pose a serious risk to their
safety and/or to the safety of their families.
Criminalization, punishment and redress
12. States shall adopt appropriate legislative and other measures necessary to
establish, as criminal offences, trafficking, its component acts 2 and related conduct. 3
13. States shall effectively investigate, prosecute and adjudicate trafficking,
including its component acts and related conduct, whether committed by
governmental or by non-State actors.
14. States shall ensure that trafficking, its component acts and related offences
constitute extraditable offences under national law and extradition treaties. States
shall cooperate to ensure that the appropriate extradition procedures are followed in
accordance with international law.
15. Effective and proportionate sanctions shall be applied to individuals and legal
persons found guilty of trafficking or of its component or related offences.
16. States shall, in appropriate cases, freeze and confiscate the assets of
individuals and legal persons involved in trafficking. To the extent possible,
confiscated assets shall be used to support and compensate victims of trafficking.
17. States shall ensure that trafficked persons are given access to effective and
appropriate legal remedies.
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2
3
4
For the purposes of the present Principles and Guidelines, the “component acts” and
“component offences” of trafficking are understood to include the recruitment, transportation,
transfer, harbouring or receipt of persons over eighteen years of age by means of threat, force,
coercion or deception for the purpose of exploitation. The recruitment, transportation, transfer,
harbouring or receipt of a person under eighteen years of age constitute component acts and
component offences of trafficking in children. Source: Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, articles 3 (a) and 3 (c).
For the purposes of the present Principles and Guidelines, conduct and offences “related to”
trafficking are understood to include: exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or practices similar to slavery and
servitude. Source: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime, article 3 (a).