Legal aid fund

Victims of human trafficking and other extreme forms of labour exploitation have a right to assert claims for remuneration and compensation for violations. Very few victims currently succeed in enforcing these rights. (The study "Human Trafficking in Germany" provides further information on this topic.) Bringing a case before the courts or competent authorities is often a difficult process for victims. Proceedings can be time-consuming and costly.

From June 2009 to the end of May 2012, the project "Forced Labour Today" will provide a legal aid fund for legal proceedings with the aim of assisting individual victims of human trafficking and exploitation and encouraging changes to legal practice.

The project supports test cases in order to obtain landmark decisions and thus provide model solutions for questions of law in similar cases.

Who is eligible for assistance from the project?

• persons trafficked into sexual exploitation,
• persons trafficked into labour exploitation,
• persons subjected to extreme economic exploitation.

What kind of legal proceedings does the project fund?
1. The project supports victims of human trafficking or persons subjected to extreme forms of labour exploitation if they wish to bring a case before the authorities or courts to assert claims for remuneration and/or compensation. Victims may apply for legal aid to cover extrajudicial and legal costs.

This includes proceedings to obtain:

• wages from employers,
• compensation from perpetrators,
• compensation from the state (German Crime Victims’ Compensation Act – Opferentschädigungsgesetz (OEG)).

2. Furthermore, the project aims to help victims resolve fundamental questions of law prior to proceedings to obtain remuneration and compensation.

This concerns legal issues that have arisen repeatedly over many years of providing advice to victims, such as questions relating to the nature and extent of claims in accordance with the Asylum Seekers Benefits Act and Volumes II, VIII and XII of the German Social Security Code (SGB).

Victims may apply to receive legal aid to cover extrajudicial and legal costs.

What avenues are open to victims?
Victims of human trafficking can take various courses of action. Furthermore, in some cases it is possible to assert several different claims at the same time. Victims have the option of:

• bringing proceedings before the authorities, e.g. a case before the Pension Office (Versorgungsamt) in accordance with the German Crime Victims’ Compensation Act (OEG);
• bringing proceedings before national courts, e.g. claiming compensation before a civil court or in a civil action in connection with criminal proceedings (Adhäsionsverfahren);
• seeking extrajudicial advice and legal representation;
• using international complaints procedures, e.g. submitting a complaint to the CEDAW Committee or bringing a case before the European Court of Human Rights (ECHR).

Contact

In cooperation with