Routledge Handbook of Human Trafficking by Piotrowicz Ryszard; Rijken Conny; Uhl Baerbel Heide

Author:Piotrowicz, Ryszard; Rijken, Conny; Uhl, Baerbel Heide
Language: eng
Format: epub
Publisher: Taylor and Francis

Some examples of best practice are beginning to emerge. For example, in a recent report the FRA pointed to the practice of the French Office for Immigration and Integration that works “for the recovery and transfer of wages owed to third-country nationals in an irregular situation by employers”.60 The FRA notes that if the victim has left the State, the “payment system will be organised through the relevant French consulates”.61

However, it is clear that much greater thought and consideration is needed into how bilateral co-operation should work, and into what else needs to be in place to ensure that victims can effectively pursue their claims from outside the jurisdiction in which the claim is lodged. If such systems and co-ordination are resolved in relation to victims of trafficking, it may be transformational for victims of human rights violations living outside the State in which the violation was committed. Increasingly, international human rights tribunals apply the exhaustion of domestic remedies rule strictly. Yet, virtually no attention has been paid to States’ obligations to facilitate access to domestic remedies when the complainant is outside the jurisdiction, despite the fact that the reasons why a person has fled the State may be the basis for the complaint.62

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