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Legal mechanisms for the protection of the rights of persons who have become victims of human trafficking in wartime conditions

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

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Publication date: 06.06.2024

Lawyer

Legal mechanisms for the protection of the rights of persons who have become victims of human trafficking in wartime conditions

Human trafficking is one of the most serious crimes against humanity, which becomes particularly acute in armed conflict and war. It is in such difficult times that the most vulnerable sections of the population become easy prey for human traffickers. Therefore, the issue of effective legal protection of the rights of victims of human trafficking in war conditions is becoming extremely urgent.

Consulting a lawyer is the first step on the way to restoring the violated rights of victims of human trafficking. Lawyers should conduct a thorough analysis of documents regulating this area and provide a legal opinion on possible mechanisms for protecting the rights of victims.                 

International legal regulation
At the international level, the main document regulating the fight against human trafficking is the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which supplements the United Nations Convention against Transnational Organized Crime (Palermo Protocol). This document establishes standards for the protection of the rights of victims of human trafficking, in particular, their physical safety, access to medical and legal assistance, as well as compensation for the harm caused.

National legislation
At the national level, the issue of combating human trafficking and protecting the rights of its victims is regulated by the Law of Ukraine "On Combating Human Trafficking". This law defines the organizational and legal principles of combating human trafficking, and also provides for a number of measures to protect the rights of victims, in particular, providing them with social, medical, psychological and legal services.

Legal opinion of the lawyer
During the consultation of a lawyer regarding the protection of the rights of persons who have become victims of human trafficking in war conditions, the lawyer must conduct a thorough analysis of the documents and provide a legal opinion, which will include the following aspects:

1. Determination of the status of the victim of human trafficking and her rights in accordance with international norms and national legislation.
2. Assessment of risks and threats to the victim's safety, as well as the mechanisms of his protection.
3. Analysis of the possibilities of obtaining compensation for the damage caused and compensation for moral damage.
4. Recommendations regarding the procedure for involving law enforcement agencies and international organizations to protect the rights of the victim.
5. Clarification of procedures for providing medical, psychological and legal assistance to victims of human trafficking.

Conclusion
Human trafficking is one of the most terrible crimes, which becomes especially acute in conditions of war and armed conflicts. Protection of the rights of the victims of this crime requires effective legal support and the involvement of all available international and national mechanisms. Only under the condition of coordinated actions of lawyers, law enforcement agencies and international organizations can a real restoration of the violated rights of the affected persons and their reintegration into society be achieved.

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