Furthermore article 6 calls States to provide for the physical safety of victims of trafficking in
persons while they are within its territory. This paragraph demands States ensure the safety of all
victims of trafficking, not just those who are witnesses at trials. Contrary to the Convention (referring
to witnesses), the Protocol does not mention protection of the relatives or other persons close to the
victim. Neither does the Protocol create obligations for countries of destination to cater for the
protection of victims, or their relatives, once they have been repatriated from the receiving country12.
In theory, States should co-operate in order to share the responsibility of keeping the victims safe and
also provide for security measures after repatriation. Furthermore, it is known that both victims and
their relatives or friends can risk retaliation both before and after repatriation.
Additionally, article 6 also outlines compensation measures for victims. States shall ensure that
there are measures within the legal system that offer compensation for damages the victim has
suffered. While States may provide compensation, the Protocol does not guarantee the right for victims
to compensation. The Protocol does not either address who should provide this compensation - the
State or the offender. Depending on domestic legislation, this can be solved in different ways. Some
countries have, for example established funds for victims of trafficking, financed partly by confiscated
assets13.
In addition to victim assistance, the Protocol defines the status of victim in receiving States in
article 7. Each State shall consider adopting measures that permit victims of trafficking in persons to
remain in its territory, temporarily or permanently, in appropriate cases. In many countries, victims of trafficking are deported when detected or after trial. This paragraph highlights the need to provide
some residence rights for victims. During negotiations there were extensive discussions on how long a
victim has the right to stay in a country of destination. There was general consensus on permitting the
victim to stay at least during the court process. Subparagraph 7.2 adds that States shall give
appropriate consideration to humanitarian and compassionate factors. Since the Protocol does not
oblige states to provide for the safety of victims after repatriation, the “humanitarian and
compassionate factors” should preferably receive thorough consideration and should be used for
providing victims in jeopardy with a permit to stay