Published in May 2019
This module is a resource for lecturers
This section provides suggestions for post-class assignments for the purpose of assessing student understanding of the Module. Suggestions for pre-class or in-class assignments are provided in the Exercises section.
Lecturer should get students to analyse the national anti-trafficking legislation versus the International definition, looking in particular at the assistance and protection measures contained in the national provisions.
Article 20 of Law no. 241-XVI of 20.10.2005 on Preventing and Combatting Trafficking in Human Beings of the Republic of Moldova (see Chapter III, arts. 15-24) provides as follows:
Article 20. Protection and Assistance of Victims of Trafficking in Human Beings
- Victims of trafficking in human beings shall be offered assistance in physical, psychological, and social recovery through specialized medical, psychological, legal, and social measures.
- A person who is presumed to be a victim of trafficking in human beings shall be deemed a vulnerable person and shall benefit from the minimum package of social and medical assistance provided by the institutions of the Ministry of Health and Social Protection. Persons who are recognized as victims of trafficking must be provided free assistance in the medical institutions defined by the Ministry of Health and Social Protection.
- The state, through its competent bodies and organizations, shall take prompt adequate measures for the identification and referral of victims of trafficking in human beings to protection and assistance services, offering them a reflection period of 30 days. During this period of time, the implementation of any expulsion order issued against this person shall be prohibited.
- Providing protection and assistance services shall not be conditioned upon the willingness of victims to make statements and to participate in the prosecution of traffickers.
- The competent public administration authorities shall inform victims of trafficking in human beings of their rights and about the authorities, institutions, and organizations that are competent in the field of preventing and combating trafficking in human beings and protecting and assisting victims of trafficking.
- Victims of trafficking in human beings shall be provided protection and assistance by the public administration authorities, the National Committee, and the territorial commissions for combating trafficking in human beings, within the scope of their competencies and in accordance with this Law and other normative acts.
- Non-governmental organizations active in the field are entitled to grant protection and assistance to victims of trafficking in human beings, including the protection of their interests in a criminal or civil suit.
- Each time when a competent authority or an international or non-governmental organization active in the field has reasonable grounds to believe that a person is a victim of trafficking in human beings, such person shall be offered all the protection and assistance measures provided for in the present Law.
Alternatively, example 2
Article 61 of the Nigerian Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015 (see Part IX - Treatment of trafficked persons, arts. 61-66) provides as follow:
61. The Agency shall ensure that
- a trafficked person is not subjected to discriminatory treatment on account of race, colour, gender, sex, age, language, religion, political or other opinion, cultural beliefs or practices, national, ethnic or social origin, property, birth or other status, including his status as a victim of trafficking or having worked in the sex industry;
- a trafficked person has access to adequate health and other social services during the period of temporary residence;
- a trafficked person has access to the embassy or consulate of the country of which he is a citizen or where there is no embassy or consulate, have access to the diplomatic representative of the State that takes charge of the country's interest or any national to protect him;
- a trafficked person is able to return home safely, if he wishes and when he is able to do so;
- a trafficked person is not denied temporary residence visas during the pendency of any criminal, civil or other legal actions;
- investigation, detection, gathering and interpretation of evidence are conducted in such a manner as to minimize intrusion into the personal history of a trafficked person;
- the identity of a person trafficked is protected;
- the use of any person's history of being trafficked to discriminate or cause harm to such person, his family or his friends in any way whatsoever, particularly with regards to freedom of movement, marriage or search for gainful employment is prohibited;
- it takes steps to maintain and rehabilitate facilities provided for trafficked persons; and
- a trafficked person and his family are protected from intimidation, threats, and reprisals from traffickers and their associates including reprisals from persons in position of authority.
To what extent does the law provide protection to the victims of trafficking in accordance with international standards and comparative models addressed in this Module? Essays should be no longer than 2500 words.