A new Guidance Note published by GRETA, the Council of Europe anti trafficking body, highlights the purposes and principles of the recovery and reflection period and its legal basis and procedures. Provided for in Article 13 of the Council of Europe Convention on Action against Trafficking in Human Beings, the recovery and reflection period is an essential element of protecting and assisting all victims of trafficking.
“The recovery and reflection period is recognised as an effective means of protecting the human rights of victims of trafficking,” stressed Helga Gayer, President of GRETA. She pointed that regrettably in some countries, the recovery and reflection period is still not provided for in internal law or is construed in a way which is not consistent with Article 13. “This Guidance Note is an important tool that clarifies and facilitates the practical arrangements for its full application”.
The purpose of the Guidance Note is to strengthen the implementation of the obligation to grant a recovery and reflection period to victims of trafficking in all the states bounded by the said Convention by providing concrete and practical guidance for relevant authorities, agencies and civil society organisations.
The recovery and reflection period provided for in Article 13 of the Council of Europe Anti-Trafficking Convention must be granted as soon as there are reasonable grounds to believe that a person is a victim of trafficking in human beings. The aim is to enable victims to recover a minimum of psychological stability and to allow them to make an informed decision on whether they want to co-operate with the competent authorities in the investigation and prosecution of traffickers. During this period, it is not possible to enforce expulsion orders against the presumed victims, thus guaranteeing them essential protection.
The Group of Experts on Action against Trafficking in Human Beings (GRETA) is an independent body which monitors the way countries implement the Council of Europe Convention on Action against Trafficking in Human Beings. All 46 member states of the Council of Europe are bound by the Convention, as well as Belarus and Israel.
