While the previous chapter outlined the relevant international and European standards that apply in the area of human trafficking, this chapter further considers these standards in the specific context of how states respond to victims and survivors of human trafficking. It will look at some of the key concepts contained within international law before outlining victims’ rights within this area. The chapter will then focus on how such standards are implemented within Scotland and consider some of the difficulties that have arisen with this implementation based on my experiences as a Scottish solicitor managing a department directly working with victims of human trafficking across Scotland in the last eight years.

Summary of the relevant international and European legal standards

As noted in Chapter 3, there are a number of international standards from the United Nations (UN) and the International Labour Organisation (ILO) which are directly applicable to a state's response to victims of human trafficking. These include the UN Convention on the Elimination of All Forms of Discrimination against Women, the UN Convention on the Rights of the Child, the ILO Forced Labour Convention (1930) and the ILO Worst Forms of Child Labour Convention (1999).

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the ‘Trafficking Protocol’) supplements the UN Convention against Transnational Organized Crime. It provides a definition of trafficking in persons which has since been widely adopted in the international community.

These standards are supplemented by legal instruments created within the two legal systems operating in Europe: the Council of Europe and the European Union (EU). In terms of the first system, the Council of Europe Convention on Action against Trafficking in Human Beings (the ‘Trafficking Convention’) is a key standard in this area. It provides increased protection to victims by expanding the definition of human trafficking and providing a comprehensive framework for the identification, protection and promotion of victims’ rights within its Chapter III.

The European Convention of Human Rights (ECHR) is another key European standard from the Council of Europe in the area of victim protection. Human trafficking, as defined within the Trafficking Protocol and the Trafficking Convention, is specifically prohibited by Article 4 of this Convention (Rantsev v. Cyprus and Russia).