Legislative framework
The legislative framework and state policy in Ukraine to combat trafficking in persons, especially women and children, include protocols, laws, and programs aimed at prevention, protection of victims, prosecution of offenders, and raising public awareness. The main strands of the state policy focus on providing assistance to victims, fighting related crimes, prevention, and reducing vulnerability. Various governmental decrees and laws establish mechanisms for combating trafficking, issuing certifications to victims, and coordinating national efforts.
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Presentation Transcript
Legislative framework Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention Against Transnational Organized Crime (ratified in 2005) Council of Europe Convention on Action against Trafficking in Human Beings (ratified in 2010) Criminal Code of Ukraine (adopted on 5 April 2001) Law of Ukraine on Combating Trafficking in Human Beings (adopted on 20 September 2011) State Programme on Combating Trafficking in Human Beings for 2016 2020 (adopted on 24 February 2016)
Legislative framework (2) Governmental Decree on the National Coordinator in the field of counter-trafficking (adopted on 18 January 2012) Governmental Decree on Procedures for Granting the Status of VoT provides a procedure of issuance of the Certificate to VoT. (adopted on 23 May 2012) Governmental Decree on Procedures for Granting One-time Financial Aid to VoT (adopted on 25 July 2012) Governmental Decree on the National Cooperation Mechanism (NRM) for the VoTs assistance (adopted on 22 August 2012)
Law of Ukraine on Combating Trafficking in Human Beings This Law establishes: the organizational and legal principles of combating trafficking in human beings, guaranteeing gender equality the main strands of the state policy and the basis for international cooperation in this field the powers of executive authorities the procedure to declare the status of victims of trafficking in human beings the procedure for provision of assistance to such persons.
Main Strands of the State Policy on Combating Trafficking in Human Beings Provision of assistance and protection to victims of trafficking Fight against crimes related to trafficking in human beings Prevention discovery of crimes of trafficking raising public awareness provision of a set of services identification and prosecution of persons involved in the crimes implementation of a mechanism for interaction of agents preventive work reduction of the population s vulnerability suppression of demand
The agents for combating trafficking in human beings 1) Cabinet of Ministers of Ukraine; 2) central state executive authorities; 3) local state executive authorities; 4) diplomatic institutions of Ukraine abroad; 5) institutions for assistance to victims of trafficking.
Rights of the Person, Who Applied for the Declaration of Status of Victim of Trafficking in Human Beings Person, who has requested declaration of his/her status of a victim of trafficking, has the right for his/her personal security, respect and free receipt of: 1) information concerning his/her rights and opportunities in the language that such person understands; 2) medical, psychological, legal and other assistance regardless of the place of his/her residence; 3) temporary placement in institutions for assistance to victims of trafficking in human beings. A foreigner or a stateless person, who has requested declaration of his/her status of a victim of trafficking in the territory of Ukraine, in addition has the right to: 1) interpreter s services at no charge; 2) temporary stay in Ukraine according to the procedure established by the effective legislation.
Rights of the Victim of Trafficking in Human Beings A person, who has been declared a victim of trafficking in human beings, has the right to his/her personal security, respect and free receipt of: 1) information concerning his/her rights and opportunities in a language that such person understands; 2) medical, psychological, social, legal and other required assistance; 3) temporary placement, if the victim wishes so and does not have accommodation, in institutions for assistance to victims of trafficking in human beings 4) compensation of economic and moral damages at the cost of persons, who caused such damages, 5) one-time financial benefit; 6) assistance in job placement, and exercise of the right to education and professional training. Foreigners and stateless persons, who have been declared victims of trafficking in human beings in the territory of Ukraine, in addition have the right to: 1) interpreter s services at no charge; 2) temporary stay in Ukraine for the term of up to three months, which may be extended when necessary,
National Referral Mechanism Ministry of Social Policy Centers for Social Services for Family and Youth Ministry of Interior State local administra- tions Ministry of Education VoT International Organizations and NGO s Ministry of Health State Security Service Ministry of Foreign Affairs State Border Guard Service
National Referral Mechanism Referral to local administration (application for VoT status) Identification (all NRM agents) Interview (local administration) Elaboration of Rehabilitation plan (Centers for Social Services for Family and Youth and interdisciplinary groups) Granting VoT status (Ministry of Social Policy) Implementation of Rehabilitation plan (all NRM agents)
