Article 17. Rights and obligations of a person identified as a victim of human trafficking in the Law on Combating Human Trafficking

Home / RLA / Article 17. Rights and obligations of a person identified as a victim of human trafficking in the Law on Combating Human Trafficking

1. A potential victim of human trafficking has the right to apply for identification as a victim of human trafficking.

2. A person identified as a victim of human trafficking has the right to:

1) to receive information on the rights and obligations, protection and assistance provided by entities involved in combating trafficking in persons and entities providing special social services to victims of trafficking in persons;

2) to respect the confidentiality of personal data and their protection in accordance with the Law of the Republic of Kazakhstan "On Personal Data and their Protection";

3) apply for special social services;

4) as a person (family) in need of special social services, apply for social assistance provided by decisions of local representative bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

5) receive a guaranteed amount of free medical care in accordance with the list of medical services determined by the authorized body in the field of healthcare;

6) receive state-guaranteed legal assistance in the form of legal advice, as well as receive comprehensive social legal assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

7) for state protection upon recognition by the body ensuring the safety of protected persons as a person subject to state protection during criminal proceedings, in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On State Protection of Persons Participating in Criminal Proceedings";

8) the participation of a teacher and (or) a psychologist during the interrogation of a minor as a witness or victim in the framework of a pre-trial investigation and consideration of a criminal case in court;

9) receive compensation in accordance with the legislation of the Republic of Kazakhstan on the Victims Compensation Fund;

10) receive assistance in organizing access to representative offices and consulates of the country of origin (country of citizenship);

11) for temporary residence in the territory of the Republic of Kazakhstan in order for a foreigner or a stateless person identified and identified as a victim of human trafficking in the territory of the Republic of Kazakhstan to receive a guaranteed amount of special social services in accordance with the legislation of the Republic of Kazakhstan on social protection;

12) to make a decision on contacting law enforcement agencies and cooperating with them during the period of providing him with special social services in accordance with the legislation of the Republic of Kazakhstan on social protection, but not less than thirty calendar days, as an immigrant identified and identified as a victim of human trafficking in the territory of the Republic of Kazakhstan;

13) apply to the internal affairs bodies for a visa to leave the Republic of Kazakhstan for the country of citizenship of a foreigner or permanent residence of a stateless person in accordance with the legislation of the Republic of Kazakhstan in the field of population migration;

14) to engage in labor activity without the permission of local executive bodies to attract foreign labor until the completion of proceedings on a specific criminal case related to human trafficking, in accordance with the laws of the Republic of Kazakhstan;

15) apply for refugee or stateless status as an asylum seeker in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

16) appeal an administrative act, an administrative action (inaction) related to the adoption of an administrative act, in accordance with the procedure established by the laws of the Republic of Kazakhstan;

17) exercise other rights stipulated by the laws of the Republic of Kazakhstan.

3. A person identified as a victim of human trafficking must:

1) comply with the legislation of the Republic of Kazakhstan on combating human trafficking;

2) when interacting with subjects of combating human trafficking, provide complete and reliable information about themselves, taking into account their psychological and health status, in order to protect and receive assistance.

The Law of the Republic of Kazakhstan dated July 5, 2024 No. 110-VIII SAM.

This Law defines the organizational and legal framework for combating human trafficking.

President

Republic of Kazakhstan

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