Article No.32 - Legal status of children victims of human trafficking

1) Children who are victims of human trafficking are ensured the rights and freedoms guaranteed by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan that regulate children's rights and guarantees for their realization. 2)The state ensures the protection and assistance for a child victim of human trafficking from the moment the crime is committed against them, including after their identification as a victim of human trafficking, until their full social adaptation and rehabilitation. This assistance is provided regardless of the child’s willingness to cooperate with government authorities in identifying and investigating the crime and prosecuting human traffickers. 3) Once a child is granted the legal status of a victim of human trafficking, they are immediately referred to the authorities and institutions authorized by the legislation of the Republic of Tajikistan to provide protection and assistance to children affected by human trafficking. If the victim’s age is unknown, but there are objective reasons to believe that they are under eighteen years old, they are entitled to the special legal guarantees provided by this law and other regulatory legal acts of the Republic of Tajikistan for assisting child victims of human trafficking until their actual age is determined. 4) The status of a victim of human trafficking is granted to a child based on an application submitted by the child, their legal representative, a representative of guardianship or custody authorities, or a representative of the relevant specialized institution. This applies regardless of the child's consent. For children aged fifteen and older, the status is granted based on their own application or an application from the aforementioned representatives, with the child’s voluntary and informed consent. 5) Measures for the social adaptation and rehabilitation of child victims of human trafficking are carried out regardless of their consent. However, for children aged fifteen and older, these measures require their consent and/or the consent of their legal representatives or guardianship authorities. 6) If a child victim of human trafficking has no parents or other legal representatives, the guardianship and custody authorities must immediately appoint a guardian in accordance with the legislation of the Republic of Tajikistan. This guardian will make all decisions in the child's best interests, act on their behalf, and participate in all criminal and judicial proceedings until a final decision is made in the child’s best interests. 7) A child victim of human trafficking has the right to reside in a specialized state or non-state institution, or another specialized social service institution that provides services to children in socially dangerous situations or other difficult life circumstances. This right applies for up to six months or throughout the judicial proceedings in which they are involved as a victim, and, if necessary, after the proceedings until the child is fully socially adapted and rehabilitated. Children placed in such specialized institutions are accommodated in conditions created specifically for them, taking into account their social and age-related needs, and they are housed separately from adult victims of human trafficking. 8) Children in the specialized institutions mentioned in Part 7 of this article have additional rights to receive the following free services: - Notification of their parents (or other legal representatives) about their placement in a specialized institution; - Maintaining contact with their family through postal correspondence, telephone conversations, and visits, provided it does not compromise their safety; - Assistance in locating their parents or other legal representatives; - Provision of food, clothing, footwear, and other essential items necessary for their health and well-being; - Access to general and basic vocational education; - A range of additional services that ensure the child’s physical and mental development, taking into account their physiological and psychological characteristics. 9) The additional rights specified in Part 8 of this article also apply to persons of unknown age until they are identified as adults, provided there are sufficient grounds to believe that they are under eighteen years old. 10) Specialized state and non-state institutions, as defined in Article 29 of this law, develop and implement special programs for the identification, social adaptation, and rehabilitation of child victims of human trafficking housed in these institutions. They ensure the children’s safety and strictly maintain the confidentiality of information regarding the child’s identity and victim status. 11) Children who are victims of human trafficking, including those in specialized state and non-state institutions, are guaranteed the right to education in state general and basic vocational education institutions or specialized educational institutions, in accordance with the legislation of the Republic of Tajikistan on education. 12) In cases where child victims of human trafficking are left without parental care or do not know the whereabouts of their parents, state authorities responsible for assisting trafficking victims must immediately begin searching for the child’s family and take measures to establish guardianship or custody in accordance with the legislation of the Republic of Tajikistan.