This is the Global Alliance Against Traffic in Women (GAATW) specialized website on access to justice for trafficked persons. It is intended to be a tool for those providing legal assistance or advocating for the rights of trafficked persons during the legal process. The site contains legal resources, relevant publications and guides as well as a forum for sharing information, strategies and experiences so that, ultimately, more individuals who have been trafficked or exploited at work or during the migration process have better recourse to justice. 

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The term Access to Justice is not defined in international law and has been used in different ways in different contexts. Traditionally, the term refers to opening up the formal systems and structures of the law to disadvantaged groups in society. This includes removing legal and financial barriers, but also social barriers such as language, lack of knowledge of legal rights and intimidation by the law and legal institutions.

 

Access to justice has, thus, two dimensions: procedural access (having a fair hearing before a tribunal) and also substantive justice (to receive a fair and just remedy for a violation of one’s rights). It is also refers not only to the courts, but also to civil and administrative processes such as immigration review or state compensation funds. Further, protection of rights must continue through all stages of the legal process, from the time of reporting a crime to the police, to following the grant of a remedy by the court to make certain that it is enforced.

 

Trafficked persons are often highly vulnerable and, as a general group, are usually marginalised - whether as illegal and/or low-skilled migrants in destination countries, or through social stigma and poverty in countries of origin. Achieving access to justice for victims of the crime of trafficking therefore requires comprehensive social and legal support, as well as constant analysis of the legal structures in place that make it more difficult for trafficked people to enter into and be empowered by the law. This website aims at facilitating this process.

THE RIGHT TO ACCESS TO JUSTICE:

THE RIGHT TO ACCESS TO JUSTICE: Access to justice refers to the ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards

Access to justice intersects with human rights in a number of ways. First, it is itself a fundamental human right as set out in Article 8 of the Universal Declaration of Human Rights: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

 

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VICTIM/WITNESS PROTECTION:
Lack of protection has been identified by our members and others as one of the most significant barriers to accessing justice, and thus an area for urgent reform. Victim/witnesses and their families in trafficking cases are often vulnerable to threats and retaliation for cooperating with law enforcement. Threats and harassment can continue long after the case is finalised. Protection measures may, therefore, be necessary before, during and after legal proceedings, and in some cases should also be extended to the family members or friends who are at risk of retaliation.

 

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RIGHT TO INFORMATION:
GAATW defines the RIGHT TO INFORMATION for trafficked persons: a right to be informed about her legal and immigration options and services available, her rights, and every decision or process that will affect her, or other information that she would consider relevant. This right must be respected not only to provide the person with the tools to make crucial decisions about her future, but also to respect her inherent dignity as an individual with control over her life.
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Latest Newsletter

Theme: Material Justice: Seeking Compensation in Trafficking Cases

Issue 27, July 2007

In this issue, we provide regional overviews and analyses of avenues for compensation for trafficked persons. Click here to download a PDF copy (4MB)

Newsletter

Theme: Access to Justice

Issue 26, Dec 2006

In this issue, we have brought together a range articles and interviews from different perspective of people who have worked in the legal system - from social workers, lawyers and judges. Click here to download a PDF copy (1MB)

 

 

Reports

Theme: Report of the National Consultation on Access to Justice for survivors of trafficking in Nepal. Kathmandu, 20-22 March 2007

Theme: Report of the National Consultation on Access to Justice for Survivors of Trafficking in Nigeria. Abuja 15-17 May 2007

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