COMPENSATION RIGHTS OF THE VICTIMS OF HUMAN TRAFFICKING PROBLEMS AND CHALLENGES IN THE COURT PRACTICE
COMPENSATION RIGHTS OF THE VICTIMS OF HUMAN TRAFFICKING PROBLEMS AND CHALLENGES IN THE COURT PRACTICE

Summary/Abstract: Victims of the trafficking in human beings suffer severe violation of their rights such as their body, psychological and emotional integrity, their freedom of movement and expression, property rights. They are most often deprived from their belongings and earnings; they are subject to threats to their lives and lives of their families. Compensation rights are the substance of the victim-based and human rights approach in the national human trafficking policies in line with the international documents. For these reasons, judges and prosecutors should have a solid knowledge on international and national legal framework on the compensation rights so that the investigation bodies could collect and preserve enough relevant evidence for court adjudication of the just compensation to the victims. There are some obstacles and problems in the court practice which will be presented, as well as a few proposals on how to reduce them in the criminal procedure. Good practices are developed in some states where the victims are compensated by state run funds that are continuously filled by the assets confiscated from the convicted perpetrator. Much more has to be done regarding the efficient and effective compensation of the damage suffered by the victim.

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