Articles 6-8

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Civil liability Compensation Social protection

Articles 6 to 8 guarantee a number of rights to victims of human trafficking, regardless of whether the victim has filed a complaint or is participating in the criminal process against his or her trafficker. These protections include:

a) the right to receive information about their rights in their own language and in an accessible way allowing victims to understand their rights and to access and fully exercise their economic, social and cultural rights;

b) the right to free medical and psychological attention;

c) the right to receive appropriate accommodation, adequate food and personal hygiene items;

d) the right to receive work training and assistance in finding employment;

e) the right to legal advice and free legal representation in court and administrative proceedings;

f) the right to receive effective protection against any potential retaliation;

g) the right to remain in the country, if they wish to do so, receiving all the necessary documentation to that end;

h) the right to return to their country of origin if they request to do so. In cases where a national victim wants to emigrate as a result of their victimisation, they will be facilitated the possibility to do so;

i) the right to give testimony in an appropriate environment and sufficient protection;

j) the right to receive information about the process, and about any measures adopted;

k) the right to be heard at all stages of the process;

l) the right to protection of their person and identity;

m) the right to access or return to education;

n) in addition to these rights, in the case of minor victims, their special needs will be taken into account, protective measures will not restrict their rights, or involve the restriction of their freedom. The Argentine state will endeavor to reintegrate these victims to their immediate family, or to the place that best ensures their protection and development.

Notes

Decree No. 111/2015 includes regulations implementing Section 6 of Law No. 26,364.

Link to full text

Law / Argentina / Law No. 26,364 on the Prevention and Sanctioning of Human Trafficking and Assistance to Victims (as amended by Law No. 26,842)

Law No. 26,364, as amended, is aimed at preventing and criminalising human trafficking, and at providing assistance to the victims of this crime. Law No. 26,364 amended (i) the Argentine Criminal Code (regarding crimes concerning human trafficking/exploitation); (ii) certain section of the Argentine Code of Criminal Procedure; and (iii) Sections 119 and 121 of the Argentine Immigration Law. Decree No. 111/2015 includes regulations implementing certain provisions of Law No. 26,364, as amended.