Citation

Rijken C, van Dijk J. Justitiele Verkenn. 2007; 33(7): 23-38.

Copyright

(Copyright © 2007, Wetenschappelijk Onderzoek- en Documentatiecentrum)

DOI

unavailable

PMID

unavailable

Abstract

In the Netherlands victims of trafficking in human beings are granted a temporary residence permit as well as protection and assistance only if they have officially filed a complaint against their traffickers and cooperate with the investigative and prosecutorial authorities. The authors argue that these conditions, though grounded in national and European law, are unwarranted. In most (European) countries both temporary residence permits and other assistance and protection measures for victims terminate when their stay is no longer required for adjudication purposes. This model implies that migration status and supply of assistance and protection are fully determined by decisions taken in criminal procedure. This approach is contrary to a human rights based approach to THB as advocated by the European Union and does not fit in a state policy regarding crime victims based on the principle of solidarity. Therefore, it is argued to de-link criminal law and migration law and to offer victims of trafficking a customized Victim Assistance and Protection Package (VAPP), including a residence permit, on humanitarian grounds. Decisions regarding the VAPP should be informed by objective indicators of the nature and seriousness of the crime's impact on the victim rather than by prosecutorial considerations. The authors offer a first attempt at the construction of a checklist, including indicators like multiple dependency/incapacity, restriction of liberty, labour conditions, abuse and nature and length of exploitation to determine a person is a victim or not. As relevant factors to determine the needs of victims are mentioned, amongst others: threat of retaliation in the Netherlands or elsewhere, status of minor, physical and mental condition and the need of information on employment in the legitimate sex industry.