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Extra info for Combating Trafficking in Persons: A Handbook for Parliamentarians (United Nations Office at Vienna)
Signiﬁcantly, some countries have incorporated the prohibition of trafﬁcking in persons into their constitutional law (see Box 9). Box 9. 2 Criminalizing all forms of trafﬁcking in persons As a minimum, countries must criminalize all forms of trafﬁcking in persons. The Trafﬁcking in Persons Protocol stipulates (Art. 5, para. ” The Trafﬁcking in Persons Protocol further calls on the States parties to criminalize not only the full commission of the crime, but also attempting to commit it and participating as an accomplice in its commission.
Procedural law must be amended or new procedural provisions enacted so that trafﬁcking victims, who frequently fear intimidation and reprisals from trafﬁckers, are afforded much needed security and peace of mind. This will encourage them to pursue cooperation with the authorities, a critical factor in ensuring the success of prosecution efforts. In addition, procedural laws must take speciﬁc account of the special needs of child victims and child victim witnesses. Importantly, this human rights approach strives to ensure that victims of trafﬁcking do not endure any further abuse during court proceedings.
Some have included a provision establishing this obligation in national legislation (see Box 21). Box 21. ” Moldova, Law on Preventing and Combating Trafﬁcking in Human Beings, No. 241-XVI, of 2005, Article 15 Others have mandated that such action be taken through a national action plan. ” Victims of trafﬁcking require protective services. To that end, they must be accurately deﬁned as such, and law enforcement authorities and other front-line actors who may come into contact with them should know how to identify them correctly and what rights they are entitled to.