Victim Assistance

Assistance and support for a victim must not be made conditional on the victim's willingness to cooperate with law enforcement in a criminal investigation or trial (Article 12(6) of the Council of Europe Convention on Action against Trafficking in Human Beings; Article 11(3) of Directive 2011/36/eu of the European Parliament and the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims).

• 30 -Day Reflection and Recovery Period: In order to provide human trafficking victims, or potential victims, with the time necessary to make an informed decision concerning their cooperation with law enforcement.

Decree n°2007-1352 of 13 September 2007: "Art. R. 316-2 – When an alien is informed of the information mentioned in article R. 316-1 (concerning his or her rights) by the police or gendarmerie, and subsequently chooses to benefit from a 30-day reflection and recovery period (pursuant to the fifth paragraph of the same article), the prefecture shall then provide the victim with the right to reside in France (with a récépissé) for the duration of the period, in conformance with paragraph 2 of article R. 311-4. The reflection and recovery period begins when the prefecture provides the document authorizing the short stay. During the reflection and recovery period, there may not be any removal proceedings commenced or executed against the alien (in conformance with article L. 511-1)."

• A temporary residence permit (6 months) is granted to victims who have filed a complaint or testified against the defendant charged with human trafficking or pimping in a judicial proceeding.

Article L. 316-1 of the Code of Entry and Residency of Aliens and the Right to Asylum (CESEDA): "Unless he or she is a threat to the public, a temporary residence permit under the category "private and family life" could be granted to the alien who filed a complaint against whom he or she accused of committing the crimes mentioned in articles 225-4-1 – 225-4-6 (trafficking) and 225-5 – 225-10 (pimping) of the Penal Code, or to the alien who testified in a criminal proceeding concerning a person prosecuted for the same infractions. The condition provided in article L. 311-7 (to have legally entered the French territory) is not required. This temporary residence includes work authorization..."

• Victims of human trafficking with the residency permit defined in Article L. 316-1 of CESEDA are entitled to l'Allocation temporaire d'Attente (ATA), a temporary allowance of 335,10€ (art. R. 351-7 of the Labor Code).

"Foreign nationals who were granted subsidiary protection, as mentioned in article L. 712-1 of CESEDA, and foreign nationals with the right to reside in France pursuant to article L. 316-1 of CESEDA, could receive a temporary allowance (l'Allocation temporaire d'Attente) for a maximum period of twelve months."

Download the legal texts here

Decree n°2006-1380 of 13 November 2006 concerning the temporary allowance (l'Allocation temporaire d'attente) and modifying the Labor Code and the Code of Social Action and Family Law

Inter-ministerial Circular n°NOR IMIL0900085C concerning the temporary allocation (l'Allocation temporaire d'attente) and how to receive it

• Access to shelters for trafficking victims

Article L. 345-1 of the Code of Social Action and Family Law: "Those persons and families in grave difficulty, notability economic, familial, housing, health-related, or concerning integration, may benefit, upon their request, from social assistance in order to access shelters or social inclusion services, and ultimately to obtain their autonomy. Foreign nationals who have obtained refugee status or who have been given subsidiary protection, pursuant to Part VII of CESEDA, may reside in shelters or social inclusion centers called "provisionary shelters (centres provisoires d'hébergement)." [ ... ] Some shelters and social inclusion centers are accessible, under secure conditions, to victims of human trafficking."

For information about unconditional access to shelters, please see the FNARS article