Assistance to Victims as set out in International Instruments
Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings and Article 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children supplement and the United Nations Convention against Transnational Organised Crime outlines provisions for
Assistance to Victims in their physical, psychological and social recovery.
These are:
(a) Standards of living capable of ensuring their subsistence, through such measures as appropriate and secure accommodation, psychological and material assistance;
(b) access to emergency medical treatment;
(c) translation and interpretation services, when appropriate;
(d) counselling and information, in particular as regards their legal rights and the services available to them, in a language that they can understand;
(e) assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders;
(f) access to education for children.
In addition, necessary medical or other assistance must be provided to victims lawfully resident within its territory who do not have adequate resources and need such help, as well as access to the labour market, to vocational training and education.
Services for Victims of Human Trafficking - State Organisations
Victim support services provided by the State include:
- accommodation.
- psychological and material assistance.
- medical treatment.
- access to translation and interpretation services.
- access to counselling and information particularly regarding legal rights and access to legal representation.
- access to labour market and vocational training.
The Reception and Integration Agency (RIA) provides accommodation to all potential or suspected adult victims of trafficking referred to by the Garda National Immigration Bureau (GNIB). Potential and suspected victims of trafficking are given the same accommodation as that provided to any newly arrived asylum seekers in direct provision i.e. accommodation in a reception centre. Medical and psychological services are provided to all suspected victims of trafficking in health centres managed by the Health Service Executive (HSE) at the reception at which they are accommodated. GNIB refer potential and/or suspected victims of trafficking to the HSE. Who provided a 10 point individual care plan.
The 10 points of the Care Plan are as follows:
- General Health
- Sexual Health
- Mental/Psychological Health
- Relationship and Family
- Social and Spiritual
- Financial management
- Criminal Investigation
- Immigration Status
- Education/Training and Employment
- Accommodation
Organisations linking in with victims have their own translation and interpretation services. Legal advice is provided by the Legal Aid Board. A suspected victim of trafficking, who is not in the asylum process during the 60 day recovery and reflection period, is granted a stamp 3 which gives no access to the labour market. During temporary residence permission a suspected victim of trafficking is given a stamp 4 which allows access to the labour market for those suspected victims who are not in the asylum system. Suspected victims with a stamp 4 can avail of full access to State services in relation to vocational training.
The HSE provides care to child victims wherever they present in the State. Referrals occurring after hours will be referred to the out-of-hours social work service where safe accommodation will be organised followed by a referral to the regular service the following morning. Child victims will be assigned an allocated social worker who will organise a multidisciplinary assessment and care plan.
Legal Services
The Legal Aid Board provides legal services to potential or suspected victims of trafficking. They are in a position to provide legal aid and legal advice in relation to civil law matters under their current statutory authority. The Legal Aid Board can provide legal representation for a suspected victim of sexual offences in cases where an application is made to the Court to adduce evidence about or cross-examine the complainant's past sexual history. A legislative amendment is necessary to enable the Legal Aid Board provide representation for a victim of human trafficking at the criminal trial of the accused trafficker in these circumstances. However, the Board are providing such representation on an administrative basis in the interim. The Legal Aid Board has also agreed to waive fees for potential and suspected victims of trafficking and to prioritise requests for assistance in order to ensure that suspected victims have access to legal services within a reasonable timeframe. The Board cannot provide legal representation at Employment Tribunals, such as the Employment Appeals Tribunal, the Labour Relations Commission, the Labour Court and the Equality Tribunal. However, legal representation is not necessary for these hearings.
Information Leaflet for Potential Victims of Human Trafficking
Click the link below
http://www.legalaidboard.ie/lab/publishing.nsf/650f3eec0dfb990fca25692100069854/6613bfbd1e9c425c8025791e0054724c/$FILE/INFORMATION%20LEAFLET%20SEPT%2011.pdf ^ Back to top