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
The decision on a child’s representation and the person who can be the child’s representative is made by the person conducting the criminal proceedings.
Child’s rights
In addition to the rights stipulated in the Code of Criminal Procedure 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.
General child victim rights protection rules shall be applied during criminal proceedings. It is prohibited for a child victim:
- to be left alone, except in cases when the child himself or herself so wishes and this choice is considered appropriate by a psychologist who has undergone special preparation for work with children who have suffered from violence
- to be left without psychological or other form of care
- to be confronted by the possible perpetrator of the violence (illegal act) while the child is not sufficiently psychologically prepared for such a confrontation
- to be subjected to the use of any compulsory measures in order to obtain information or for any other purpose
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.