A good anti-trafficking law should include the following:
• A broad definition of the concept of “coercion” that covers its many manifestations in modern forms of
slavery, including the threat of physical, financial, or reputational harm sufficiently serious to compel a
reasonable person to perform or to continue performing labor or services in order to avoid incurring
that harm.
• A well-articulated definition of trafficking that facilitates effective law enforcement and prosecutorial
responses and allows for the collection of meaningful data. The definition should incorporate all forms of
compelled service in addition to forced prostitution. The definition should not simply criminalize the recruitment
or transportation of prostituted persons. The definition should not include related but distinct
crimes, such as alien smuggling or prostitution.
• A mechanism of care provided to all suspected victims of trafficking through which they have the opportunity
to access basic services – including shelter, food, medical care, psycho-social counseling, legal aid,
and work authorization.
• Explicit immigration relief for trafficking victims, regardless of their past legal status, and relief from any
legal penalties for unlawful activities committed by victims as a direct result of their trafficking.
• Specific protections for child victims of trafficking ensuring a responsible chain of custody and a priority
placed on the best interests of the child in all decisions made in providing services to them.
• Explicit provisions ensuring identified victims have access to legal redress to obtain financial compensation
for the trafficking crimes committed against them. In order to be meaningful, such access must be
accompanied by options to obtain immigration relief. Trafficking victims should not be excluded from
legal services providers who can assist with these efforts, whether NGOs or government programs.