Protection of victims of trafficking

If French legislation ensures that every victim benefits from a system of protection and assistance, it limits this protection with respect to victims of prostitution exploitation.

A victim of trafficking in human beings is not legally entitled, as such, to any specific protection. If this victim becomes a witness, the law ensures certain measures including:

• Issuance of a resident permit if he or she bears witness or registers a complaint. This arrangement is not an automatic granted right, each case is analysed individually
• The possibility of testifying anonymously under conditions specified by the law
• If necessary, a police escort may be requested to be present during the trial or a hearing with a magistrate
• Reception into Accommodation and Reintegration Centres (accommodation must be allocated to victims of trafficking in human beings)
• Indemnification, as a victim of a penal infraction, providing he or she files a civil suit
• Assistance in returning to his or her country of origin

In actuality, these rights are attainable, but there may be a long waiting period before they are achieved.

These measures become all the more difficult to attain and there is little hope of success when the person is a victim of a form of exploitation outside of sexual exploitation (domestic slavery, forced labour or begging, etc.).

When magistrates or the police need to protect a victim who has been cooperating, they turn to organisations that specialise in either urgent or long-term solutions.

The Ac.Sé plan

This plan proposes a solution for the protection of victims of trafficking who are in situations of danger or vulnerability. If requested by the victim, he or she is taken away from the danger to a shelter at a confidential location and entirely taken care of (accommodation, social and administrative accompaniment, medical, psychological and legal assistance, professional insertion in France or help in returning voluntarily to their country of origin...).

Assistance is ensured by medical and social professionals.

The shelters available are mainly for adults, which commit themselves to hosting at least one victim of trafficking per year. This system allows for a general broadening of accommodation and reinforces security by multiplying the number of shelters.

For further information contact: ac.se@association-alc.org

Other initiatives exist locally or through non-profit organisations, with different forms of accommodation (foster homes, hotels, apartments...).