24 December 2024
Our managing director, Philippa Southwell, was invited to meet with GRETA (Group of Experts on Action against Trafficking of Human Beings) to discuss current trafficking and modern slavery concerns in the United Kingdom.
Philippa addressed them on legal aid funding, non-prosecution, non-punishment, victims as defendants, and fragmented information sharing. The Council of Europe is the continent’s leading human rights organisation. It comprises of 46 member states including all members of the European Union.
GRETA has recently published a guidance note on the recovery and reflection period, which is provided for in Article 13 of the Council of Europe Convention on Action against Trafficking in Human Beings. It states that countries must legally implement a recovery and reflection period of 30 days should there be reasonable grounds to believe a person may be a victim of human trafficking. The period is intended to allow the potential victim time to recover and flee the influence of exploiters, free from immigration enforcement.
In their guidance note, GRETA observes that some countries either do not provide for recovery and reflection in their internal legislation, or do so in a way not consistent with Article 13. Many countries also showed low numbers of issuing recovery and reflection period, or held no data at all. In response. GRETA has drawn up this guidance note in order to strengthen implementation of the obligation to grant recovery and reflection to potential victims of trafficking. They focus on the following areas:
- Purposes and Principles of the Recovery and Reflection Period
Outlining the expected outcomes from implementing the recovery and reflection period and what a potential victim can expect from the process, including co-operation with authorities, and application of the non-punishment principle. - Concepts of Interpretation
Clarification on terms such as Reasonable Grounds decision, and without-prejudice to the activities carried out by competent authorities. - Legal Basis and Procedure for Granting the Recovery and Reflection Period
Key implantation questions regarding including how the recovery and reflection period should be regulated, who is entitled to it, when it should begin and termination. - Assistance Measure During the Recovery and Reflection Period
Stipulations from Article 13 regarding entitlements of the potential victim such as subsistence, rights, and protection.
Other areas covered relate to application in relation to children, international protection and residence permits.
