Strengthening Multidisciplinary Cooperation for Human Trafficking Victims

1. Funded by the Justice Programme of the European Union STRENGTHENING MULTIDISCIPLINARY COOPERATION TO ENSURE AN EFFECTIVE REFERRAL, ASSISTANCE, RIGHTS PROTECTION FOR VICTIMS OF HUMAN TRAFFICKING JUST/2015/JACC/AG/VICT/9221 FINAL CONFERENCE, BRUSSELS November 2019th 2019 TRABE ASSOCIATION

2. Why this training? • Lawyers specialized training on human trafficking is key: • To be compliant with international laws. • To assure the quality of legal assistance provided to victims of human trafficking. • To be compliant with the principle of due diligence (including the obligation to remove obstacles to the detection and assistance to victims). • Both action and neglect are States responsabilities. • To introduce this curriculum as a regular and usual training, (systematization of experience, multidisciplinar) • Lawyers play a key role in victims detection and protection, in case they decide to denounce and go through a criminal proceeding, to ask for their right to compensation and in perpetrators prosecution. • Lawyers need to have a wide view of each victim´s situation and background and a good bond with him/her.

3. Interdisciplinary training • Comprehensive and interdisciplinary approach involving legal, social and psychological support during the whole process. • A recovery and reflection period must be guaranteed. It should include not only assistance to victims about their legal situation but also in relation to their social and psychological situation. • Social and psychological consequences that human trafficking could have on victims must be taken into account during the whole assistance process. An individual approach should be followed to be able to understand the specific needs of each person. • Beyond the victim´s status: motherhood, vital expectations, resilience, etc.

4. Interdisciplinary training • The recognition of each victim´s specific needs make the process of restorative justice easier. • Istanbul Convention should also be remarked. It states the fact that there is no need for the victim to testify or cooperate on the criminal investigation to have access to her/his rights as a victim. It also sets the need of legal, social and psychological assistance according to each person needs and wishes. • It is an approach that puts people in the centre. • Vulnerability circumstances may arise. (Brasilia Rules) • Interculturality.

5. Training Program: Approach and Contents • Approach: • Human Rights • Gender • Interculturality, transnationality • Multidisciplinary approach and individual Assistance Plan • Contents: • International legal framework • European legal framework • National legal framework and constitutional protection • Other basic laws: labour, migration, asylum , housing • Soft skills, knowledge and methodology • Criminal Proceeding in each country

6. Training Approach: the person in the centre • Human rights approach. • Gender approach. • Mechanisms and protocols to guarantee a consistent coordination and derivation at all levels (local, provincial, regional, national- and with all special entities). Participation of specialized entities. • Multidisciplinary approach: participation social workers, psychologist and other disciplines should be included. • Transnational phenomenon: different cultural codes and needs must be taken into consideration. Interculturality. • Individual Assistance Plan: it must consider each person strengths andvital project as a main part of the recovery process.

7. Contents: soft skills, knowledge and methodology • women/men, beyond “the victim status” : Individual Assistance Plan. • To bear in mind that the criminal proceeding is not the basic aim. • A good knowledge of each person´s life story (fears, expectations, etc.) • legal proceedings should be done according to the recovery rhythm (physical and psychological situation) • To assist each person respecting cultural differences and special features of each specific case. • To promote people´s resilience positively (providing the adequate tools) • Empowerment: women/men are the ones who will decide. • To assist victims in the preparation of the statement. • To prepare social and psychological reports to support the Prosecutor´s Office. • To avoid secondary victimization.

8. Contents: International legal framework • All International Treaties on Human Rights, at least: • The UN Charter, 1945 • UN Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966), Convention on the Rights of the Child (1989), etc. • International legal framework on Human Rights to guarantee due diligence. E.g. Convention on the Elimination of all forms of Discrimination against Women, (CEDAW 1979); Convention against Torture and Other Cruel, Inhuman or Degrading Treatments (1984). • Special attention to CEDAW recommendations: nº 24 (States obligation); nº 33 (women´s access to justice); nº 12, 19 and 35 on violence against women. Nº 35 (2017) with specific sections on women victims of human trafficking.

9. Contents: European legal framework • European Union Legislation providing specialized and early assistance to victims, not needing to testify or cooperate in a criminal investigation. • Directive 2011/36/EU on the prevention and fight of human trafficking and the protection of victims. • Directive 2004/80/CE related to compensations for crime victims. It also includes safe housing, psychological and medical assistance, etc. • Directive 2012/29/EU rights development in each country. As lawyers, to take measures to guarantee that rights will be effectively accomplished. • Council of Europe • Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul 2011). • Council of Europe Convention on Cybercrime. • Council of Europe Convention against children sexual exploitation.

10. Complementary national law: access to residence permit and other rights. • Information on the reflection and recovery period and on the rights derived from this. • In the case when there are specific ways of cancelling the return orders, these procedures must be duly studied. • Asylum law. • Safe return of victims to their home countries when they do not want to remain in the destination country. • Family rights for foreigners with children. • Rights of the child. • The knowledge of specific protocols, strategies and plans, deontological codes.

11. Complementary law: labour law. THB for labour exploitation requires a specific training section: • International labour law: ILO recommendations about decent working conditions and ethical recruitment. • Organizations ruling an protecting workers rights. Eg. Labour specific courts. • Procedures and mechanisms to proof THB labour exploitation. • Guarantees an labour proceedings and coordination. • Compensation related with violations of workers 'rights. • Who? Civil servant working in the labour issues/trade unions/employment attorneys .

12. Criminal proceeding in each country • 1) Crimes types, criminal aggravating and attenuating circumstances. • 2) Preventive measures. • 3) Law enforcement bodies due diligence, security and coordination measures. • 4) Mechanisms and procedures for the identification of victims. To provide victims with the best assistance, avoiding to put pressure on them to be involved in the trial, especially in the case that this decision could put other family members at risk. • 5) Criminal legal proceedings. • 4) Relevant Sentences (national and European jurisprudence). • 5) Restorative justice. Recovery is a key aspect of the assistance for victims. Lawyers must know how to request compensations, what the services available are (psychological, social, housing, services, economic aids), and other measures, including security measures to prevent re-trafficking. • 6) Participation in the victims ‘criminal proceedings. Legal professionals.

13. Summary/Conclusions: • Lawyers “in a team”: multidisciplinary approach. • Human Rights approach and Gender approach(due diligence). • International legal framework. • A bond of trust between lawyer and victim: key aspect (active listening, understanding of strengths, trauma, wishes, etc.). • Victims do not need to report to be able to access their rights. Training must provide knowledge on victims rights so that these rights are effectively applied. • Coordination: good information and coordination with all institutions working on preventing and fighting against human trafficking.

14. Thankyou Ana.sanchez@trabe.org.es