MODULE 2

Principles and Concepts of Human Rights and Victim Welfare and Recuperation and
Rehabilitation of Human Rights, Transnational and Organized Crime Group

INTRODUCTION

Human Rights have been promoted since 1946 by the United Nations as part of its mandate. But
since the human rights standard setting has been continuously developing, new concepts have also been
adopted by the international community and made part of human rights obligations of the states.

What are human rights?

Human rights are the basic rights and freedoms that belong to every person in the world, from birth
until death. They apply regardless of where you are from, what you believe or how you choose to live your life.
They can never be taken away, although they can sometimes be restricted – for example if a person
breaks the law, or in the interests of national
security.
These basic rights are based on shared
values like dignity, fairness, equality, respect and
independence.

These values are defined and protected by law.

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Lesson Proper
Human rights principles

Human rights are universal and inalienable; indivisible; interdependent and interrelated. They
are universal because everyone is born with and possesses the same rights, regardless of where they
live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people’s
rights can never be taken away. Indivisible and interdependent because all rights —political, civil, social,
cultural and economic—are equal in importance and none can be fully enjoyed without the others. They
apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld
by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to
international standards.

Universality and Inalienability: Human rights are universal and inalienable. All people everywhere
in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of
the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.”

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 Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person. Consequently,
all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right
invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of
living cannot be compromised at the expense of other rights, such as the right to health or the right to
education.

Interdependence and Interrelatedness: Human rights are interdependent and interrelated.

Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her
developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends,
wholly or in part, upon the fulfilment of others.

For instance, fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the
right to development, to education or to information.

Equality and Non-discrimination: all individuals are equal as human beings and by virtue of the
inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of race,
colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social
or geographical origin, disability, property, birth or other status as established by human rights standards.
Participation and Inclusion: all people have the right to participate in and access information
relating to the decision-making processes that affect their lives and well-being. Rights-based approaches
require a high degree of participation by communities, civil society, minorities, women, young people,
indigenous peoples and other identified groups.

Accountability and Rule of Law: states and other duty-bearers are answerable for the observance
of human rights. In this regard, they have to comply with the legal norms and standards enshrined in
international human rights instruments. Where they fail to do so, aggrieved rights -holders are entitled to
institute proceedings for appropriate redress before a competent court or other adjudicator in accordance
with the rules and procedures provided by law. Individuals, the media, civil society and the international
community play important roles in holding governments accountable for their obligation to uphold human
rights.

List of rights

Since 1948, the United Nations has

been engaged in defining the international
human rights standards particularly in relation to
specific issues. Examples of these human rights,
freedoms, rights and prohibitions related to
human rights, are the following:

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In the area of civil and political rights
• Right to life
• Freedom from torture and cruel,
inhuman or degrading treatment or
punishment
• Freedom from slavery, servitude and
forced labour
• Right to liberty and security of person
• Right of detained persons to be treated
with humanity
• Freedom of movement
• Right to a fair trial
• Prohibition of retroactive criminal laws
• Right to recognition as a person before the law
• Right to privacy
• Freedom of thought, conscience and religion
• Freedom of opinion and expression
• Prohibition of propaganda for war and of incitement to national, racial or religious hatred
• Freedom of assembly
• Freedom of association
• Right to marry and found a family
• Right to take part in the conduct of public affairs, vote, be elected and have access to public
office
• Right to equality before the law and non-discrimination.
In the area of economic, social and cultural rights

• Right to work
• Right to just and favorable conditions of work
• Right to form and join trade unions
• Right to social security
• Protection of the family
• Right to an adequate standard of living, including adequate food, clothing and housing
• Right to health
• Right to education.

In the area of collective rights Right of peoples to:

• Self-determination
• Development
• Free use of their wealth and natural resources
• Peace

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 A healthy environment Other collective rights:
• Rights of national, ethnic, religious and linguistic minorities
• Rights of indigenous peoples.

The Human Rights-Based Approach to Transnational Crime

The limitation of the legal approach to counter
transnational crime is that it establishes a mechanism
that comes to action after transnational crime has been
committed. It has limited possibilities to eradicate it.

Also, the efficiency of the UNTOC depends on

the ability of the States to implement its rules at the
regional level. But the human rights-based approach,
which calls for the universalization of human rights, is
an effective tool to eradicate this global menace
because any form of transnational crime is a violation of
core human rights, which are universal, inalienable and
non-derogable. This enables the victims to seek
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Furthermore, the Convention on organized crime and the international human rights laws are
interdependent. For instance, Art. 25 of the UNTOC obliges the State parties to protect victims and provide
appropriate measures to safeguard their rights, and Art. 2 of the International Covenant on Civil and Political
Rights recognizes the right to effective remedy of the victims whose rights or freedoms recognized therein
have been violated. This interdependence reinforces the need for a human rights-based approach to
transnational crime.

Declaring that effective action to prevent and combat trafficking in persons, especially women and
children, requires a comprehensive international approach in the countries of origin, transit and destination
that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such
trafficking, including by protecting their internationally recognized human rights.

Human Rights Violations - A state commits human rights violations either directly or indirectly.
Violations can either be intentionally performed by the state and or come as a result of the state failing to
prevent the violation.

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 These violation includes acts of:

• Torture
• Murder
• Executions
• Other forms that still have to find their definition in any book of criminal statutes.

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Protection of victims of trafficking in persons

Article 6: Assistance to and protection of victims of trafficking in persons
1. In appropriate cases and to the extent possible under its domestic law, each State Party shall protect
the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings
relating to such trafficking confidential.
2. Each State Party shall ensure that its domestic legal or administrative system contains measures that
provide to victims of trafficking in persons, in appropriate cases:
(a) Information on relevant court and administrative proceedings;
(b) Assistance to enable their views and concerns to be presented and considered at
appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights
of the defense.
3. Each State Party shall consider implementing measures to provide for the physical, psychological and
social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with
non-governmental organizations, other relevant organizations and other elements of civil society, and, in
particular, the provision of:
(a) Appropriate housing;
(b) Counselling and information, in particular as regards their legal rights, in a language that
the victims of trafficking in persons can understand;
(c) Medical, psychological and material assistance; and
(d) Employment, educational and training opportunities.
4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and
special needs of victims of trafficking in persons, in particular the special needs of children, including
appropriate housing, education and care.

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 5. Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons
while they are within its territory.
6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of
trafficking in persons the possibility of obtaining compensation for damage suffered.

Treatment of victims
Victims should be treated with humanity and respect for their dignity and human rights, and
appropriate measures should be taken to ensure their safety, physical and psychological well-being and
privacy, as well as those of their families. The State should ensure that its domestic laws, to the extent
possible, provide that a victim who has suffered violence or trauma should benefit from special consideration
and care to avoid his or her re-traumatization in the course of legal and administrative procedures designed
to provide justice and reparation.

Victims’ right to remedies

Remedies for gross violations of international human rights law and serious violations of
international humanitarian law include the victim’s right to the following as provided for under
international law: (a) Equal and effective access to justice;
(b) Adequate, effective and prompt reparation for harm suffered;
(c) Access to relevant information concerning violations and reparation mechanisms.

Repatriation of victims of trafficking in persons

1. The State Party of which a victim of trafficking in persons is a national or in which the person had the
right of permanent residence at the time of entry into the territory of the receiving State Party shall
facilitate and accept, with due regard for the safety of that person, the return of that person without
undue or unreasonable delay.

2. When a State Party returns a victim of trafficking in persons to a State Party of which that person is a
national or in which he or she had, at the time of entry into the territory of the receiving State Party, the
right of permanent residence, such return shall be with due regard for the safety of that person and for
the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall
preferably be voluntary.

3. At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable
delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of
permanent residence in its territory at the time of entry into the territory of the receiving State Party.

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 4. In order to facilitate the return of a victim of trafficking in persons who is without proper documentation,
the State Party of which that person is a national or in which he or she had the right of permanent
residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the
request of the receiving State Party, such travel documents or other authorization as may be
necessary to enable the person to travel to and re-enter its territory.

5. This article shall be without prejudice to any right afforded to victims of trafficking in persons by any
domestic law of the receiving State Party.

6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or
arrangement that governs, in whole or in part, the return of victims of trafficking in person.

Tips for Responding to Victims' Three Major Needs Victims' Need to Feel Safe

People often feel helpless, vulnerable, and frightened by the trauma of their victimization. As
the first response officer, you can respond to victims' need to feel safe by following these
guidelines:
Introduce yourself to victims by name and title. Briefly explain your role and purpose.
Reassure victims of their safety and your concern by paying close attention to your own
words, posture, mannerisms, and tone of voice. Say to victims, “You're safe now” or “I'm here
now.” Use body language to show concern, such as nodding your head, using natural eye
contact, placing yourself at the victim's level rather than standing over seated victims, keeping an
open stance rather than crossing your arms, and speaking in a calm, sympathetic voice.
Ask victims to tell you in just a sentence or two what happened. Ask if they have any
physical injuries. Take care of their medical needs first.
Offer to contact a family member, friend, or crisis counselor for victims.
Ensure privacy during your interview. Conduct it in a place where victims feel secure.
Ask simple questions that allow victims to make decisions, assert themselves, and regain
control over their lives. Examples: “Would you like anything to drink?”; “May I come inside and talk
with you?”; and “How would you like me to address you, Ms. Jones?”
Assure victims of the confidentiality of their comments whenever possible.
Ask victims about any special concerns or needs they may have.
Provide a “safety net” for victims before leaving them. Make telephone calls and pull together
personal or professional support for the victims. Give victims a pamphlet listing resources
available for help or information. This pamphlet should include contact information for local c risis
intervention centers and support groups; the prosecutor's office and the victim-witness assistance
office; the State victim compensation/assistance office; and other nationwide services, including
toll-free hotlines.
Give victim's—in writing—your name and information on how to reach you. Encourage them
to contact you if they have any questions or if you can be of further help.

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 Victims' Need to Express Their Emotions
Victims need to air their emotions and tell their story after the trauma of the crime. They need
to have their feelings accepted and have their story heard by a nonjudgmental listener. In addition to
fear, they may have feelings of self-blame, anger, shame, sadness, or denial. Their most common
response is: “I don't believe this happened to me.” Emotional distress may surface in seemingly
peculiar ways, such as laughter.
Sometimes victims feel rage at the sudden, unpredictable, and uncontrollable threat to their
safety or lives. This rage can even be directed at the people who are trying to help them, perhaps
even at law enforcement officers for not arriving at the scene of the crime sooner.

You can respond to victims' need to express their emotions by following these guidelines:

• Avoid cutting off victims' expression of their emotions.

• Notice victims' body language, such as their posture, facial expression, tone of voice,
gestures, eye contact, and general appearance. This can help you understand and respond to
what they are feeling as well as what they are saying.
• Assure victims that their emotional reactions to the crime are not uncommon.
• Sympathize with the victims by saying things such as: “You've been through something
very frightening. I'm sorry”; “What you' re feeling is completely normal”; and “This was a terrible
crime. I'm sorry it happened to you.”
• Counter any self-blame by victims by saying things such as, “You didn't do anything wrong.
This was not your fault.”
• Speak with victims as individuals. Do not just “take a report.” Sit down, take off your hat, and
place your notepad aside momentarily. Ask victims how they are feeling now and listen.
• Say to victims, “I want to hear the whole story, everything you can remember, even if you
don't think it's important.”
• Ask open-ended questions. Avoid questions that can be answered by “yes” or “no.” Ask
questions such as “Can you tell me what happened?” or “Is there anything else you can tell me?”
• Show that you are actively listening to victims through your facial expressions, body
language, and comments such as “Take your time; I'm listening” and “We can take a break if
you like. I'm in no hurry.”
• Avoid interrupting victims while they are telling their story.
• Repeat or rephrase what you think you heard the victims say. For e xample, “Let's see if I
understood you correctly. Did you say. . .?”; “So, as I understand it, . . .”; or “Are you saying. .
?”

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 Victims' Need to Know “What Comes Next” After Their Victimization
• Victims often have concerns about their role in the investigation of the crime and in the legal
proceedings. They may also be concerned about issues such as media attention or payment for
health care or property damage. You can help relieve some of their anxiety by telling victims what to
expect in the aftermath of the crime. This will also help prepare them for upcoming stressful events
and changes in their lives. You can respond to victims' need to know about what comes next after
their victimization by following these guidelines:
• Briefly explain law enforcement procedures for tasks such as the filing of your report, the
investigation of the crime, and the arrest and arraignment of a suspect.
• Tell victims about subsequent law enforcement interviews or other kinds of interviews they
can expect.
• Discuss the general nature of medical forensic examinations the victim will be asked to
undergo and the importance of these examinations for law enforcement.
• Explain what specific information from the crime report will be available to news
organizations. Discuss the likelihood of the media releasing any of this information.
• Counsel victims that lapses of concentration, memory losses, depression, and physical
ailments are normal reactions for crime victims. Encourage them to re-establish their normal routines
as quickly as possible to help speed their recovery.
• Give victims a pamphlet listing resources available for help and information. This pamphlet
should include contact information for local crisis intervention centers and support groups; the
prosecutor's office and the victim-witness assistance office; the State victim
compensation/assistance office; and other nationwide services, including toll-free hotlines.
• Ask victims whether they have any questions. Encourage victims to contact you if you can be
of further assistance.

Assistance and Witness Protection

The impact of crime on the people affected by it can be profound. Victims may suffer from physical,
mental, emotional and financial harm, from which so me may never recover. Injuries may be threatened or
inflicted upon victims, witnesses or their families, and threats may even be made against lives.

In addition to the strong human rights incentives for assisting and protecting people who have fallen
victim to or witnessed serious crimes, there are criminal justice incentives for doing so. The cooperation of
victims and witnesses is crucial to achieving successful prosecutions of criminal offenders and dismantling
organized criminal groups. Yet one of the challenges faced by many criminal justice systems in the
investigation and prosecution of crime, is obtaining such cooperation.

Victims and witnesses may be reluctant to give information and evidence because of perceived or
actual intimidation or threats against themselves or members of their family. This concern may be
exacerbated where people who come into contact with the criminal justice system are particularly vulnerable.

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 For instance, by virtue of their age and developing levels of maturity, children require that special measures be
taken to ensure that they are appropriately assisted and protected by criminal justice processes.

Victims who receive appropriate and adequate care and support are more likely to cooperate with the
criminal justice system in bringing perpetrators of crime to justice. However, inadequacies of criminal justice
systems may mean that victims are not able to access the services they need and may even be re-victimized
by the criminal justice system itself.

UNODC response
States have a responsibility to respect the fundamental rights of victims, assist them in accordance
with their special needs, and protect them from further harm.

All criminal justice systems have a duty to put in place procedures to provide measures for the
protection of persons whose cooperation with the criminal justice system in an investigation or prosecution,
puts them, or persons closely associated with them, at risk of serious physical or emotional harm. Such
measures may include:
• Assistance before and during trial to cope with the psychological and practical obstacles
of testifying;
• Protective measures before, during and after hearing or trial for "at risk" witnesses.
• Court procedures to ensure the witness' safety while testifying;
• A covert witness protection programme.

The challenges posed to States in providing assistance and protection measures to victims and
witnesses of crime are compounded when such organized crimes are also transnational. Adequate witness
protection measures may be in place in one country, but fail to protect them against threats present in others
for lack of cooperation mechanisms. This transnational challenge highlights the need for a higher degree of
international cooperation.

In accordance with Articles 24 and 25 of Organized Crime Convention, State parties shall take appropriate
measures within their means to provide effective protection as well as assistance to victims and witnesses of
crime. Such measures may include inter alia establishing procedures to safeguard the physical integrity of
people who give testimony in criminal proceedings from threats against their life and intimidation. Witnesses
must be protected from threats, intimidation, corruption, or bodily injury and States are obliged to strengthen
international cooperation in this regard.

VICTIM AND WITNESS ASSISTANCE AND PROTECTION

UNODC promotes an integrated and holistic approach starting with early identification of vulnerable
and intimidated witnesses, through to management of witnesses by specially trained law enforcement officials.
In exceptional circumstances, witness protection may involve permanent relocation and re-identification.

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 To support Member States in assisting and protecting victims and witnesses in accordance with the
provisions of the Organized Crime and its Protocols, UNODC provides technical assistance in rev iewing and
strengthening legislative frameworks for victim support and witness protection. It also assists States to craft
national policies with respect to victim assistance and witness protection, and to develop the capacity of existing
institutions and agencies to provide victim assistance services, in accordance with the Basic Principles of Justice
for Victims and to provide protective measures, in accordance with International standards and the United
Nations, Good Practices for the Protection of Witnesses.(link to the document).
UNODC has also developed several tools to assist States to strengthen their witness protection
capacities. Key among them is the manual on Good practices in the protection of witnesses in criminal proceedings
involving organized crime and Model Witness Protection Legal Provisions. Relevant tools to protecting and
assisting victims of trafficking in persons. More information on protecting and assisting children.

WITNESS PROTECTION PROGRAMMES

Effective witness protection programmes are an essential component of a comprehensive criminal

justice response to protect those who are key to dismantling organized crime groups. UNODC supports States
to strengthen witness protection programmes and strategies by providing technical assistance including:
• Legal and institutional assessments;
• Legislative assistance;
• Awareness raising programmes targeting criminal justice authorities (including judges,
prosecutors, police and prison officials);
• Training to judges, prosecutors, police and witness protection authorities;
• Specialized support and advice to assist in the establishment of witness protection units,
including advice on developing standard operating procedures, appropriate structures and staffing
arrangements;
• Strengthening international cooperation for the protection of witnesses.

Rehabilitation and Reintegration

Rehabilitation enables the victim to live with their past while Reintegration enables the victim to fit
into society and live a normal life. For example, the victim gets a job, makes friends, etc. Both the process of
rehabilitation and reintegration need to go hand in hand. Though it is unlikely that the victim will ever forget
the experience, he or she can rise above the traumatic experience and move on without having to think
about it each day. Without help, there is a high level of probability that they will find it difficult to re -enter
society and live without the fear or feeling of inadequacy.

It is most pertinent to state that rehabilitation is not an event, it is more of a process which will take
some time. Once a victim has been identified and secured they should immediately be brought to a shelter,
provided by NGOs or the host-country, where they are going to be rehabilitated. It’s important that these
actions take place as soon as possible, premised on the fact that these victims cannot help themselves,
hence the need for immediate help.

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 This help can only be rendered by experienced professionals and psychologists. These experienced
professionals and psychologists have the enormous task of helping the victims overcome shame, fear and
anxiety.
It is noteworthy that the process of rehabilitation and reintegration can only succeed with the consent
and willingness of the victims. Programs of rehabilitation and reinte gration vary from country to country. Victims
may be involved with learning how to trade or participate in sporting activities.

Organizations and Agencies Involved in Helping Victims

 International Organization for Migration (IOM)

Was established in 1995. It was also known as the Intergovernmental Committee for European
Migration (ICEM). Its purpose was to help migrants after the World War II and to manage the
displacement chaos during that time in Europe. But the migrant problem wasn’t one that only existed in
Europe, therefore the mandate got extended a multiple of times.

The IOM plays an important role in the issue of human trafficking, which can be described as an act of
forced migration. One of the key principles of the IOM, however, is to fight forced migration and also human
trafficking. IOM also assists in the rehabilitation of victims of trafficking.

 National Agency for the Prohibition of Trafficking in Persons (NAPTlP)

The National Agency for the Prohibition of Trafficking in Persons is a law enforcement agency of the
Federal Government of Nigeria, founded in 2003 to combat human trafficking and other similar human rights
violations. NAPTIP is one of the agencies under the supervision of the Federal Ministry of Justi ce. Currently,
the agency has 9 zonal commands located in Lagos, Benin, Enugu, Uyo, Sokoto, Maiduguri, Osogbo and
Makurdi.

 United Nations Office on Drugs and Crime (UNODC):

The United Nations Office on Drugs and Crime was established in 1997 after combining the ‘United
Nations International Drug Control Program’ and the ‘Crime Prevention and Criminal Justice Division’. The aims
are, as the name indicates, to fight drug abuse and criminality worldwide. There are several topics the UNODC
concentrates on: Alternative development, Corruption, Crime prevention and criminal justice, Drug prevention,
treatment and care, Drug trafficking, HIV and AIDS, Human trafficking and migrant smuggling, Money-
laundering, Organized crime, Piracy, Terrorism prevention, Wildlife and forest crime.

It is important to note that the UNODC not only tries to fight human trafficking, but also works
on the rehabilitation of victims. On 5 March 2008 they launched the Blue Heart campaign to fight human
trafficking and also helped to rehabilitate the victims. Some countries already have established rehabilitation
and reintegration programs to help victims of trafficking once they return, for example Nigeria, the Philippines
and South Korea.

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 Furthermore, the United Nations established a new fund in 2010, the UN Voluntary Trust Fund for
victims of human trafficking, specifically for organization and rehabilitation of victims of human trafficking, in
collaboration with the UN Office of Drugs and Crime (UNODC). The Blue Heart campaign aims to fight human
trafficking and its impacts on the society. It also urges people to show solidarity in fighting the inhumane act of
human trafficking .

❖ Helping Hands Legal Foundation

Helping Hands Legal Foundation is an all-expert powered foundation designed and incorporated to
engineer transformation, drive social justice imperatives and change in the justice delivery system in Nigeria,
particularly as it concerns the indigent, the young and vulnerable persons in society.

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