Child victims of trafficking are entitled to some specific and different rights to those of adult victims.
Representation
Unlike adult victims, a child victim of human trafficking cannot exercise his or her rights during criminal proceedings on his/her own, but only through a representative. A child victim can be represented by one of the following persons:
- a mother, father, or guardian
- one of the grandparents, a brother or sister of legal age (if the minor has lived together with one of such persons and the relevant kinsperson takes care of the minor)
- a representative of an authority protecting the rights of children
- a representative of such non-governmental organization that performs the function of protecting the rights of children
The court may appoint or replace a legal representative at the request of a minor or underage person, if it is in his or her interests.
Child’s rights
In addition to the rights stipulated in the Criminal Proceedings Law a child victim of human trafficking must be provided with emergency assistance free of charge, so that the child can regain their physical and mental health and reintegrate into society. Such medical treatment and reintegration must take place in an environment favourable to the health, self-esteem and honour of the child, carefully guarding the child’s intimate secrets.
Local state administration in whose territory the child was found shall immediately identify the child, assess the circumstances and adopt a plan of priority measures to assist the child for the period until the issue of establishing the status of a child victim of child trafficking is resolved.
In order to establish the status of a child victim of human trafficking, an application is submitted to the local state administration by the child's legal representative or a person who has become aware of the child.
Child victim has a right on one-time financial assistance to victims of human trafficking.
The Children's Affairs Service takes measures to protect the rights of children and refers them, if necessary, to a children's shelter of the Children's Affairs Service or a center for social and psychological rehabilitation of children.
If the affected person is a child, an individual plan for the social protection of a child in difficult life circumstances, an orphan and a child deprived of parental care is drawn up in accordance with the law.
All social services are provided at the expense of budgetary funds.
All decisions concerning children should be made taking into account the best interests of the child.
Apart from the question of representation, a child victim has the same rights as adult victims to submit an application to the police for the initiation of criminal proceedings, be recognized as a victim and receive the necessary guarantees and protection, as well as receive compensation for damages.