Article 11. Essential guiding principles for all anti-child trafficking measures
1. The best interests of the child principle, the non-discrimination principle, and the respect for the views of the child principle, encapsulated accordingly in articles 3, 2 and 12 of the 1989 Convention on the Rights of the Child, shall be the primary consideration and primary guiding principles in all actions concerning children for the purposes of this Convention, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
2. Each State Party shall, in applying the provisions of the articles under section III concerning the protection of victims of trafficking in children, consider existing international instruments such as the 2006 UNICEF Guidelines on the Protection of Child Victims of Trafficking, and provide evidence of such consideration in accordance with article 18.
Article 12. Status of victims of trafficking in children in receiving States
1. Persons who satisfy the requirements in article 2 of this Convention to be identified as victims of trafficking in children will fall within the definition of “refugee” as provided in the 1951 Convention Relating to the Status of Refugees.
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2. Each State Party shall uphold the best interests of the child by adopting legislative or other appropriate measures that permit the provision of immediate sanctuary to victims of trafficking in children by allowing them to remain in its territory, temporarily or permanently, in appropriate cases, regardless of the participation of the victims in the criminal justice process. Each State Party shall consider implementing this article through the form of a rebuttable presumption of permanent residency or other similar measures.
3. In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.
Article 13. Legal and Administrative Procedures
1. Each State Party shall ensure, for the best interests of the child and for respect for the views of the child, that its domestic legal or administrative system contains measures that provide to victims of trafficking in children, the provision of a guardian to provide:
(a) Information on relevant court and administrative proceedings;
(b) Assistance to enable their views and concerns to be presented and considered at all relevant legal and administrative proceedings, including at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
2. Each State Party shall ensure that guardians appointed in accordance with paragraph 1 of this article are trained personnel with experience in matters and issues related to the victims of trafficking in children.
3. 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 children, including, inter alia, by making legal and administrative proceedings relating to such trafficking confidential.
4. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in children the possibility of obtaining compensation for damage suffered.
Article 14. Assistance and rehabilitation services
1. States Parties are to identify and implement, for the best interests the child, the necessary and appropriate rehabilitation and protection measures, including at a minimum the provision of a guardian to assist in legal, administrative and rehabilitation procedures, the provisions of appropriate, safe and secure accommodation, access to food and sanitary water, specialized medical and psychological assistance, provision of education and training
opportunities, and a long-term plan for reintegration into society, all of which are to be made readily and easily available to the victims of trafficking in children.
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2. Each State Party shall, in applying the provisions of this article, identify and address, the special needs of victims of trafficking in children and, in appropriate cases, cooperate with non- governmental organizations, other relevant organizations and other elements of civil society, 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 children can understand;
(c) Medical, psychological and material assistance; and (d) Employment, education and training opportunities.
3. Each State Party shall, in applying the provisions of this article, ensure that there is not any distinction, exclusion, restriction or preference which is based on any grounds such as race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise by all victims of trafficking in children, on an equal footing, of all rights and freedoms.
4. Each State Party shall provide for the physical safety of victims of trafficking in children while they are within its territory.
5. Each State Party shall, in accordance with article 18, for the best interests of the child and to ensure non-discrimination of victims of trafficking in children, collect disaggregated data by age, gender, region, rural or urban area, social and ethnic origin to assist in identifying whether discrimination exists.