Kosovo Minimum Standards of Care for Victims of Trafficking

Transcription

Minimum Standards of Care for Victims of Trafficking
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Acknowledgements
The Government of Kosovo and the Kosovo Anti Trafficking Program funded by USAID and
implemented by IOM and AED, gratefully acknowledges the contributions to this document made
by important individuals from the following Governmental Institutions as well as from NonGovernmental organizations, such as from:
Ministry of Labour and Social Welfare:
Bajram Kelmendi; Adile Basha; Lirie Maksutaj
Ministry of Justice
Arta Kelmendi; Basri Kastrati; Burhan Maxhuni; Drita Cakiqi; Valbona Jaha
Ministry of Finance
Xhevat Shabani
Ministry of Education, Science and Technology
Fatime Jasiqi
Kosovo Police
Ferat Rukolli; Latif Daka; Ramadan Ahmeti; Leonora Krasniqi; Driton Islami; Exhevit Plakolli
Non-Government Orgnizations/Shelters
Hope and Homes for Children (Valbona Citaku; Suzana Berisha); NGO Liria (Shahadije Rexhepi;
Nora Haziri); Centre for Protection of Victims and Prevention of Trafficking in Human Beings
(Hamijet Dedolli; Teuta Abrashi; Luljete Prekazi); Centre for Protection of Women and Children
(Emine Kabashi; Naime Sherifi); Women Wellness Center (Lumnije Deçani; Teuta Kusari); Safe
House (Sakibe Doli)
International Organizations
IOM (Petrit Sopjani; Elvira Rasimi); AED (Antigona Dajakaj Fejza; Vesa Rezniqi; Kristin
Farthing; Laura VanVorhees); OSCE (Valentina Bejtullahu);
Finally, we would like to thank the facilitator of the MSVoT working Group, Mrs. Ruth
Rosenberg, for her support and wise advice throughout the entire process until the finalization.
A particular note of appreciation is due to Valbona Çitaku, Basri Kastrati, Antigona Dajakaj –
Fejza, and Vesa Rezniqi, who worked very hardly, not only during the workshops, but also in
between the workshops, from the initial draft to the finalization of the MSVoT document.
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TABLE OF CONTENTS:
ACRYNOMS ............................................................................................................................................... 79
TERMINOLOGY/DEFINITIONS.............................................................................................................. 80
INTRODUCTION ....................................................................................................................................... 83
1. IDENTIFICATION.................................................................................................................................. 85
2. REFERRAL ............................................................................................................................................. 85
3. ACCOMODATION ................................................................................................................................. 86
3.1. SHELTER STAFF ................................................................................................................................. 86
3.2. ARRIVAL/INTAKE ............................................................................................................................... 87
3.3. SPACE AND ENVIRONMENT ................................................................................................................. 89
3.4. FOOD AND CLOTHING ......................................................................................................................... 89
3.5. ACTIVITIES ........................................................................................................................................ 90
3.6. CONTACT WITH FAMILY ..................................................................................................................... 91
3.7. RELIGION ........................................................................................................................................... 91
3.8. DISCIPLINE AND BEHAVIORS OF THE BENEFICIARY ............................................................................ 92
3.9. PREPARATIONS FOR THE RELEASE FROM THE SHELTER ..................................................................... 93
4. SECURITY .............................................................................................................................................. 93
5. PREPARATION OF A CARE PLAN ..................................................................................................... 95
6. HEALTH CARE ...................................................................................................................................... 96
7. PSYCHO-SOCIAL SUPPORT................................................................................................................ 97
8. EDUCATION........................................................................................................................................... 98
8.1. EDUCATION ........................................................................................................................................ 98
8.2. SKILLS FOR LIFE ................................................................................................................................ 99
9. VOCATIONAL TRAININGS/ COURSES............................................................................................ 100
9.1. PROFESSIONAL DEVELOPMENT ........................................................................................................ 100
9.2. ECONOMIC INDEPENDENCE .............................................................................................................. 101
10. LEGAL SUPPORT .............................................................................................................................. 102
11. COMPLAINT PROCEDURES ........................................................................................................... 103
12. BENEFICIARY FILES........................................................................................................................ 104
13. FOLLOW-UP....................................................................................................................................... 105
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ACRYNOMS
CSW – Center for Social Work
DAOC – Directorate Against Organized Crime
MEST – Ministry of Education, Science and Technology
MLGA – Ministry of Local Government Authorities
MLSW – Ministry of Labour and Social Welfare
SOP – Standard Operating Procedures
THBIS – Trafficking in Human Beings Investigation Section
UN – United Nations
VA – Victim Advocates
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TERMINOLOGY/DEFINITIONS
Child/Child Victim: anyone under 18 years of age.
Beneficiary: the person identified as a victim of trafficking who has been referred to the
relevant authorities for assistance. A victim of trafficking is a victim of crime, but this
terminology is disempowering; therefore, he/she will be referred to as a beneficiary,
starting from Standard 3, Accommodation.
Victim Advocate: the trained professional from the sector of protection and assistance
who ensures that victims’ rights are protected.
Case Manger from the Center for Social Work: the official appointed by the Center for
Social Work, who manages a victim’s case and appoints a legal guardian, when
necessary.
Case Manager within Shelter: the staff member appointed by the supervisor of the
shelter, who manages the victim’s care from the arrival into the shelter until her/his reintegration.
Legal Guardian: the child victim’s parent, family guardians, or a person appointed by
the Center for Social Work in case the legal right was discharged to guard his/her child.
Direct Assistance Partners: all service providers or agencies who are involved in some
aspect of a beneficiary’s case or care.
Forms and documents: all official working papers used by service providers (in and out
of shelter) to document or record all the services received, or rejected, by a beneficiary.
These forms are not standardized and service providers use their own templates.
Interviews with beneficiaries: all interviews mentioned as indicators are meant to be
done by shelter staff, case managers from CSW, Police, or other relevant officials who
have the authority to conduct such interviews, so that interested service providers are
updated with relevant information about the victim.
Service Providers: professional staff from organizations that manage the provision of
services to victims of trafficking. Service providers can be social workers, psychologists,
shelter staff, medical care staff, or legal staff from various governmental and nongovernmental organizations (international and local).
Reintegration/integration: reintegration or integration of victims of trafficking is
focused on reuniting the individual with her/his family or community or integrating the
trafficked person into a new community. Beyond the physical act of returning, it involves
unification with the individual’s social environment and is intended as a long-term socioeconomic solution.
Shelters: places where beneficiaries are accommodated, which differ according to:

Beneficiaries’ risk level (high-risk shelter/closed shelters, mid-risk shelter/halfclosed, low-risk shelter/open shelters);
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
Beneficiaries’ age (shelter for children, shelter for adults, shelter for mothers with
children);
Victims’ category (victims of trafficking exclusively; victims of trafficking and
other forms of violence)
Social Services: all services offered to the victims and other groups in need, for their
protection, development, and recovery.
Victim/trafficked person: For many people, the term “victim” implies powerlessness
and constructs an identity focused around the experience of victimization. However,
within the established international human rights framework, the term “victim” is
important as it designates the violation experienced and the responsibility for redress. It is
for this reason that the term “victim” is used in this report. The term “trafficked person”
is also used because it too acknowledges that person’s trafficking experience as central
and in need of redress.xiii Both terms designate persons who qualify as victims of
trafficking in accordance with Article 3 of the UN Protocol and/or according to relevant
national legislation, quoted below:
“(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or services, slavery or practices similar
to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth
in subparagraph (a) of this article shall be irrelevant where any of the means set forth in
subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered “trafficking in persons” even if this does not
involve any of the means set forth in subparagraph (a) of this article.”
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Referred to Standard Operating Procedures for Victims of Trafficking in Kosovo 2008
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INTRODUCTION
The purpose of drafting the Minimum Standards of Care for Victims of Trafficking
(MSVoT) is to ensure that all services for victims of trafficking in the Republic of
Kosovo are unified so that all victims of trafficking in Kosovo receive quality and
effective services. This document is a basis for all service providers to provide quality
services, taking into account individual and human rights and applicable laws.
The document is drafted by the representatives of the institutions and non-governmental
organizations of Kosovo, who provide day–to-day services for victims of trafficking, and
referencing:
 The Constitution of the Republic of Kosovo
 The Penal Code of Kosovo
 The Code of Penal Procedure
 The Law for Social and Family Services (no.:02/L-17)
 Standard Operating Procedures for Victims of Trafficking
 The National Strategy and Plan of Action Against Trafficking in Human
Beings (2008-2011)
 The National Strategy for Protection of Children’s Rights (2009-2013)
The document determines minimum standards from the identification phase to a
beneficiary’s full reintegration. However, the identification and referral phases of
assistance are well documented in the Standard Operating Procedures for Victims of
Trafficking in Kosovo. These procedures govern all aspects of identification and initial
referral. In this document, the MSVoT, only key elements of these two phases are
outlined. Providers are encouraged to carefully read the SOP as they are also obligated to
adhere to its procedures.
Any provider of services to a victim of trafficking in Kosovo, including those providing
services to victims residing in shelters and to those residing at home or in any other type
of residence, are obligated to adhere to the standards and procedures outlined in the
chapters which follow. These standards are based on the following fundamental
principles, which the providers of services agree to adhere to:
 All services are provided only with the fully informed consent of the
beneficiary;
 Respect of human and child rights, based on international conventions;
 The best interest of children will always be paramount;
 Confidentiality/trust created between the beneficiary and service providers;
 Full respect of the beneficiary by service providers;
 Nondiscrimination by service providers based on gender, race, nationality,
ethnicity, age, religion, level of education, psycho-social situation, sexual
orientation, or other factors;
 Full communication with beneficiaries;
 Safety and security for both beneficiaries and service providers;
 Provision of services by fully trained and experienced professional service
providers.
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Monitoring of the implementation for these standards will be done by the existing internal
mechanisms of each service provider. All social services are monitored by the Ministry of
Labor and Social Welfare, specifically the Department of Social Welfare according to the
Law for Social and Family Services in Kosovo. All service provider staff should be
familiar with the Standards and every service provider shall be monitored closely and
reviewed periodically. In case of non-compliance with these standards by service
providers, legal actions and procedures will be undertaken by relevant responsible
authorities.
In order to ensure that the MSVoT remain in line with international standards, this
document will be reviewed against international standards periodically and revised
appropriately through a participatory process.
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1. IDENTIFICATIONxiv
1.1. Identification – The purpose of the identification is to provide victims of
trafficking with the necessary supportive services from competent institutions as
quickly and safely as possible. Specific instructions related to the identification
phase of victims of trafficking can be found in the official manual: Standard
Operating Procedures for Victims of Trafficking in Kosovo (SOP).
1.2. Initial identification – Can be done by any individual or professional who has
knowledge of the criteria that categorizes a case as a (supposed) victim of
trafficking.
1.3. Identification of victims of trafficking according to the Laws in force and
Standard Operational Procedures – Should be done by the Police, Victim
Advocates (VA), Centers for Social Work, and other organizations that provide
services to and shelter for the victims.
1.4. Room where the victim is interviewed – Should ensure the feeling of comfort
and safety to the victim.
1.5. Treatment of victims – Should be done in accordance with Kosovo’s laws and
the international conventions to which Kosovo is a signatory; should offer
optimal conditions to treat victims with dignity, particularly respecting their
consent and will for future assistance.
1.6. Keep contact with relatives – A victim of trafficking should have the
opportunity to contact her/his relatives whom she/he trusts to inform them that
she/he is safe and with persons who will help her/him.
1.7. Communication language – A victim of trafficking has the right and should be
given the opportunity to speak in her/his native language, from the initial
interviewing until the full re-integration in the community.
2. REFERRALxv
2.1. In order to have victims treated by professionals, the referral should be done by
those with the authority to represent the responsible institutions.
2.2. Persons who refer the victims of trafficking should take into consideration the
victims’ needs, including security, and refer them to institutions/organizations in
order to fulfill their needs in an effective way.
2.3. During the referral phase, information should be shared only with others who
are directly engaged in the protection of victims of trafficking.
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Issues elaborated under IDENTIFICATION are very general and based on the SOP manual.
Issues elaborated under REFERRAL are very general and based on the SOP manual.
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2.4. During the referral, the victims should be notified in writing and verbally of
their rights and of available services.
2.5. Victims should be referred to licensed shelters only.
2.6. Victims not in need of shelter services should be referred to their local Center
for Social Work.
3. ACCOMODATION
STANDARD: Shelters which accommodate beneficiaries must meet all basic standard
living conditions.
CRITERIA:
3. Every shelter should provide:
 A supportive and safe environment;
 Clothing;
 Food;
 Medical examinations;
 Psycho-social counseling;
 Legal advice and services;
 Special access for beneficiaries with special needs/disabilities;
 Special places for the recreational activities for children.
2. The shelter should separate children and adults, except in the cases when children
are with parents.
WHAT WE SHOULD NOT DO:
5. Neglect the health of beneficiaries.
6. Give incomplete information to the beneficiaries related to the preparation for
court trials.
7. Smoke in the shelter, except in designated smoking areas.
8. Accommodate a beneficiary against his/her will.
FORMS AND DOCUMENTS:
 Internal regulations of shelter;
 Forms of arrival/intake;
 Forms on implemented daily activities;
 Forms on release/transfer.
INDICATORS:
 Interviews with beneficiaries, where they report on the non-fulfillment of basic
living conditions;
 Complaint Box, where beneficiaries can express their experience of received
services.
3.1. Shelter Staff
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STANDARD: Shelter staff should be trained professionals with no criminal background.
CRITERIA:
5. Every shelter should have at least three of the following professional staff and
agreements with others to provide services as needed:
- Psychologist;
- Lawyer;
- Psychiatrist;
- Doctor;
- Social worker;
- Nurse.
6. Shelters that accommodate children and high-risk beneficiaries should have at
least two care-takers per shift for 24 hours per day. Other shelters can have one
caretaker per shift 24 hours per day and one caretaker on call, to be brought in as
needed.
7. Before being employed, and periodically after being employed, shelter staff
should undergo police/background checks from the Trafficking in Human Beings
Investigation Section and medical examinations from licensed medical
practitionersxvi.
8. All staff members should sign and respect the code of conduct created by the
shelter or service provider, which ensures security, credibility and respect of
human rights. The code of conduct should also ensure staff do not verbally,
physically or sexually abuse the beneficiaries and do not take advantage of
beneficiaries for their personal gain.
3. Staff should not neglect the welfare of the beneficiary.
4. Staff should not violate the code of conduct.
 Daily staff reports;
 Staff files;
 Agreements with services provided by professionals hired on an on-call basis.
INDICATORS:
 Interviews with beneficiaries to report any mistreatment by shelter employees;
 Signed documents that can be found in the files documenting progress for the
beneficiaries and services provided by the necessary professionals.
3.2. Arrival/Intake
STANDARD: Every beneficiary, upon referral, should be welcomed by shelter staff and
provided a special room for the initial process of gathering information.
CRITERIA:
xvi
Examination should include physical and mental health checks, to ensure that in-shelter staff are capable
to effectively perform their daily work.
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10. Every shelter should have written documentation of beneficiaries’ arrival that
includes age and gender, as well as conditions that exclude a person despite the
fact that he/she fulfills all other conditions.
11. Upon the arrival of beneficiaries in the shelter, Trafficking in Human Beings
Investigation Section (THBIS) should bring the basic forms with data on the
beneficiary, that should include:
a. Identity;
b. Medical-legal examination;
c. Evaluation of the risk level;
d. Circumstances under which the beneficiary was found;
e. Name of the interviewing persons responsible for the case.
12. Beneficiaries should be told their rights and the rules that they should respect (in
the case of child beneficiaries, these should also be told to their legal guardians).
The beneficiary should be informed of the rules and regulations at the place of
stay and they should be offered a form with information on their rights and
obligations while they are in the shelter. Rules and regulations should be posted in
a visible place within the shelter.
13. Immediately after the beneficiary’s consent/agreement with the rules (in the case
of children beneficiaries, by their legal guardians), immediate needs of the
beneficiary should be identified, such as:
a. Medical examinations when needed;
f. Psycho/social counseling;
g. Food and clothing;
h. Personal needs.
14. The staff of the place where the beneficiary is staying should ensure the highest
level of confidentiality of information related to them.
15. After the beneficiary has signed the form on respecting the rules of the place of
stay, the staff in charge should introduce the beneficiary to the house, bedroom,
personal closet, kitchen, and other spaces at the disposal to the beneficiary.
16. When shelter staff receives additional information related to the case of a
beneficiary, they will request the beneficiary’s permission to inform THBIS –
Directorate Against Organized Crime (DAOC).
17. On the first day after the beneficiary’s arrival, shelter staff should inform the
Center for Social Work (CSW) about his/her arrival. If the beneficiary is a child,
he/she should be accompanied by the social worker from CSW during the arrival.
18. In the case of child beneficiaries whose parents or other legal guardians cannot be
found, or when they are engaged in their trafficking, shelter staff should work
with the CSW to appoint a legal guardian.
3. The beneficiary should not be re-interviewed so that he/she is not re-victimized
after already being exhausted from the first interview.
4. Beneficiary should not be sheltered against her/his will.
 The internal regulation and consent form should be signed by the beneficiary and
care-taking staff in charge, and in the case of children by their legal guardian;
 Social history including the declarations of the legal guardian.
INDICATORS:
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
Interviews with beneficiaries where they report any disrespect of their will;
Beneficiary’s file with all necessary documents.
3.3. Space and environment
STANDARD: The shelter should fulfill all basic conditions and needs of the
beneficiaries, independently from the capacity and type of the shelter.
CRITERIA:
5. The room where the beneficiary is staying should have:
a. Sufficient space and light;
b. Personal bed;
c. Closet for clothes and her/his things;
d. A separate closet with a key for her/his personal stuff.
6. One room can accommodate a maximum of three beneficiaries, except in the case
of siblings where five persons can be accommodated in one bedroom if the space
is sufficient. There should be special rooms for children, except when children are
with their parent.
7. The bedroom of the shelter care-takers must not be in a common bedroom with
beneficiaries, but they should be close to each other.
8. Beside the bedroom, beneficiaries must have a space for daily activities, kitchen,
bathroom/toilette, room for counseling, library, room for recreational activities
and a separate room for smoking.
3. It is not allowed for the space in which beneficiaries are staying to be unclean.
4. To not put more than three persons in one bedroom.
 Work forms of every shelter;
 Shelter file;
 Forms of rules and regulations.
INDICATORS:
 Interviews with beneficiaries where they report any lack of fulfillment of their
basic living conditions.
 Complaint Box, where beneficiaries can express their discontent related to
services provided.
3.4. Food and clothing
STANDARD: Beneficiaries should be ensured quality food and adequate clothing.
CRITERIA:
10. It should be ensured that beneficiaries are provided with healthy food based on
their needs.
11. Pregnant beneficiaries, beneficiaries who are breastfeeding, and beneficiaries with
particular dietary needs should be provided special food.
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12. Weekly menus should be revised and decided upon together with beneficiaries,
and, in special cases, with a nutritionist, if required.
13. Food must be provided to the beneficiary with respect to his/her culture and
religion.
14. Beneficiaries can be involved in cooking, under the supervision of the care-taking
staff.
15. Kitchen and dining area should be suitable and in correspondence to the number
of persons who are being served.
16. Food that is provided to the beneficiary should always be fresh and there should
be an adequate place for storage.
17. When a beneficiary has to go out of the shelter for an extended time period for
needs related to their case (ex. Court sessions) food should be prepared for the
beneficiary by the shelter.
18. Beneficiaries should be provided with clothing based on needs. If the beneficiary
goes to school, clothing should be provided according to the school standards and
adequate clothing should be provided for presentation in court trials/sessions.
3. We must not give food that beneficiaries do not want to consume.
4. Beneficiaries should not take part in court trials/sessions with inappropriate
clothing.
 Forms of work of every shelter;
 Menu.
INDICATORS:
basic living conditions;
 Complaints Box, where beneficiaries can express their discontentment related to
everything.
3.5. Activities
STANDARD: Beneficiaries should be involved in different activities for the purpose of
rehabilitation and recreation.
CRITERIA:
7. Every beneficiary should be encouraged by the shelter staff to participate in
individual or group-organized activities.
8. Beneficiaries should be supplied with recreational materials to plan activities
inside or outside the shelters.
9. Beneficiaries should have access to newspapers, books, and magazines of their
choice, based on their age.
10. High-risk beneficiaries should be able to go outside for at least two hours a day,
and to implement activities outside of the shelter when possible and necessary, in
correspondence to the shelter budget and security issues.
11. Children should be provided an area with recreational games, reading material,
and appropriate TV Programs.
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12. All implemented activities should be provided for each case individually.
1. Put pressure on beneficiaries to participate in any activity without their consent.
 Personal files of every beneficiary;
 Forms of daily and weekly planned activities.
INDICATORS:
 Daily work formats completed by staff members that keep track of activities;
 Signed documents that exist in the beneficiary’s file.
3.6. Contact with family
STANDARD: Every beneficiary has the right to contact family, relatives, and friends
who play an important part in beneficiary’s life.
CRITERIA:
4. Shelter staff must confirm that beneficiaries are communicating with persons who
are not involved in her/his victimizationxvii.
5. When high-risk beneficiaries contact family members via phone or e-mail, they
should be monitored by shelter staff, and meetings with family members should
happen with police present.
6. Child beneficiaries should be accompanied by the Case Manager from the CSW
when meeting family members.
2. Impede beneficiary’s communication with his/her family members, unless family
members were involved in their trafficking.
 Schedules of contact with family that are placed in the beneficiary file.
INDICATORS:
basic rights;
 Complaints Box, where beneficiaries can express their discontentment related to
provided services.
3.7. Religion
STANDARD: Beneficiaries should be given the opportunity to practice their religion,
according to the Law on Religion.
xvii
Persons with whom beneficiaries are communicating should be checked and confirmed by Police that
they are not involved in their trafficking,
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CRITERIA:
2. Shelter staff must respect the religion of each beneficiary by enabling/ensuring:
 Appropriate food for the beneficiary according to her/his religion;
 Adequate place and time for prayers;
 Religious equipment.
3. Beneficiaries should not be pressured to practice their religion.
4. No one should impose a religion on a beneficiary.
 Work forms filled out by staff.
INDICATORS:
 Interviews with beneficiaries with their report on their freedom to practice
religion;
 Interviews with beneficiaries in which they report that no one is imposing religion
on them (their own religion or other).
3.8. Discipline and behaviors of the beneficiary
STANDARD: Shelter staff should undertake disciplinary measures based on the rules and
regulations of the shelter.
CRITERIA:
5. Every shelter must have internal procedures for disciplinary measures and
punishments.
6. Disciplinary measures should be set:
c) According to the age of beneficiaries;
d) According to beneficiary’s physical and emotional conditions.
7. For every incident caused by the beneficiary, they should be given the opportunity
to express their reasons with care-takers, doctor, social worker from CSW, the
police, etc.
8. Intervention is allowed only when individuals disrespect the rules and in order to
prevent other beneficiaries and beneficiary’s caretakers from harm.
1. Disciplinary measures should never include the reduction of food or sleep, not
providing clothes, reduction of visits or contacts with family members, or the usage
of physical or psychological abuse towards the beneficiary.
 All disciplinary actions should be documented in the beneficiary’s files and
signed by the beneficiary and staff.
INDICATORS:
 Interviews with beneficiaries and staff that prove incidents and misbehaviors;
 Signed documents that can be found in beneficiaries’ files.
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3.9. Preparations for the release from the shelter
STANDARD: The release of the beneficiary from the shelter should be done with her/his
consent.
CRITERIA:
1. Shelter staff should cooperate with Partners of Direct Assistance to prepare for the
departure of the beneficiary from the shelter.
2. In order to rehabilitate and empower the beneficiary, the length of the stay in the
shelter should be flexible, based on the beneficiary’s needs and circumstances.
3. The beneficiary can be transferred from one shelter to another with her/his
consent, according to the agreements between shelters, and the services that the
beneficiary requires. In this case, THBIS should evaluate the level of risk.
4. A beneficiary can only leave the shelter with his/her consent. In the case of a
child, consent should be taken from the legal guardian, shelter employees, and
Case Manager from the Center for Social Work. In this case, police should be
informed (THBIS- DAOC).
5. Before the beneficiary leaves his/her place of stay, she/he has to sign a letter of
release.
6. The beneficiary may take with them copies of all personal records including
health, psychological, physical, education and rehabilitation information.
7. Beneficiaries should be allowed to take all personal items including clothing.
8. If the beneficiary is Kosovar and conditions to be returned home or other private
accommodation are fulfilled, transport from the shelter to the police station should
be done by THBIS-DAOC. When transporting children, beneficiaries Case
Manager from the CSW should be present.
9. For the transport of foreign beneficiaries, please refer to the SOP.
4. The beneficiary must not be obliged to return to their families when security and
economic conditions are not favorable.
5. Adult beneficiaries cannot be forced to stay in the shelter if they want to leave.
6. Adult beneficiaries cannot be forced to leave the shelter if they want to stay.
 Basic forms with data on the evaluation of the low level of risk;
 Forms for transfer from the shelter, which should include the list of the services
received by the beneficiary;
 Complete medical documentation.
INDICATORS:
 Beneficiary’s consent to leave the shelter, and signature on the transfer format,
which proves the free will of the beneficiary;
 Evaluation of risk level from THBIS;
 Signed documents that exist in the beneficiary file.
4. SECURITY
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STANDARD: Security of beneficiaries and staff of the service providers must be
ensured.
CRITERIA:
11. Ensuring the physical security of beneficiaries and staff (of the service providers)
must always be a primary concern.
12. Service Providers should undertake prevention measures and manage actions on
time in any case of security threats, for both their staff and beneficiaries.
13. During the stay in the shelter when a staff member identifies and assesses a
security threat to beneficiary or others in the shelter, they should immediately
contact police and other competent institutions.
14. The evaluation of the level of risk for each beneficiary should be done by law
enforcement institutions, and according to the level of risk the beneficiary is sent
to an appropriate shelter accompanied by the basic forms with his/her information.
15. If a beneficiary does not accept the support of and/or accommodation in a shelter,
she/he should be made aware of the consequences and risks of staying outside the
shelter and should be further advised on prevention actions and provided with
service provider numbers in case of danger.
16. In arrival at the shelter, beneficiaries possessions which are considered to be
dangerous for the beneficiary herself/himself and others will be confiscated by
responsible staff and the confiscation documented.
17. Beneficiaries should be informed about security measures in and out of the
shelter
18. Depending on the type of shelter that accommodates high- or medium-risk
beneficiaries; adequate protection measures need to be taken. For example:
cameras, lights, fences, doors, alarm, security guard, etc.
19. Taking into consideration the nature of trafficking, it is very important for the
shelter to be well-protected and to be allowing access only to individuals from
competent institutions.
20. Shelter staff should be informed of management procedures in cases of threats and
danger to the place where they are staying.
4. Child beneficiaries must not have access to sharp objects or dangerous tools.
5. The beneficiary must not be returned home if there is any indication that the
family is involved in their trafficking.
6. The beneficiary must not be returned in the place where there are indications that
he/she can be re-trafficked.
 Beneficiary file;
 Evidence of objects confiscated from beneficiaries for security reasons;
 Internal regulations of the shelters;
 Form with basic data related to the beneficiary.
94
INDICATORS:
 Regular reports and evaluations of local and international institutions with regards
to the implementation of standards.
5. PREPARATION OF A CARE PLAN
STANDARD: Every beneficiary must have an individual Care Plan which documents the
services needed for their full reintegration and how those services will be provided.
CRITERIA:
1. When the beneficiary is at a shelter, the Care Plan must be prepared by the CSW
and Case manager from the shelter in cooperation with the beneficiary.
2. When the beneficiary is not sheltered, the Care Plan must be prepared by the Case
Manager assigned by the CSW in cooperation with the beneficiary and Partners of
the Direct Assistance. In the case of children beneficiaries, the legal guardian
should be involved as well.
3. Beneficiaries should be encouraged to participate in the creation of the plan and to
decide on different parts of this plan.
4. The services outlined in the individual beneficiary’s Care Plan will depend on the
beneficiary’s immediate needs and the resources available in the community and
in the shelter.
5. Care Plans should address and incorporate all services necessary for the
beneficiary’s full recovery and reintegration (see Standard 6 – 10 for more
information about services to be provided).
6. Each individual Care Plan should contain and document:
a. General information on the beneficiary;
b. Objectives and indicators for achieving these objectives, including
timelines, and expected results;
c. Services recommended to and received by the beneficiary in order to
achieve the objectives;
d. Specific details about how and by whom the necessary services will be
provided;
e. Contact between the beneficiary and family;
f. Beneficiary’s level of risk;
g. Beneficiary’s health history;
h. Outlined responsibilities of different stakeholders;
i. Form of consent signed by the beneficiary giving the ability to share basic
information with another service provider;
j. Beneficiaries’ referral information to the existing services and resources in
the community;
k. A plan for monitoring beneficiary progress.
7. Care plans should be reviewed periodically.
1. No actions should be undertaken against the will of a beneficiary.
95
 Completed and signed Care Plan.
INDICATORS:
 Format of the Care Plan with signatures of responsible persons and beneficiaries
themselves.
6. HEALTH CARE
STANDARD: Every beneficiary has the right to health services and medical visits. These
services should be offered from the identification phase to reintegration phase, since the
physical and mental health of each beneficiary is very important during the whole
rehabilitation process.
CRITERIA:
13. Each beneficiary should be provided health care with the consent of the
beneficiary. If the beneficiary is a minor, the beneficiary should be treated only
with the consent from the legal guardian.
14. For beneficiaries’ children that are accommodated in the shelter, the shelter staff
should have a written agreement, immediately after the arrival of the beneficiary,
with the legal guardian or the case manager from CSW in order to give shelter
staff the authority for coordinating of medical visits and services.
15. When the beneficiary is not accommodated in the shelter, the case manager
assigned by the CSW should coordinate necessary medical services for the
beneficiary. However, when the beneficiary is accommodated in a shelter, shelter
staff is responsible for coordinating necessary medical services.
16. Shelter staff should ensure that medical visits are recorded and the therapy
provided is described in writing. Medications should be given under supervision
of the shelter staff and according to the instructions determined by the doctor.
17. The shelter should have essential medications and tools for first aid. Medications
should be kept in secure place.
18. The moment the beneficiary is accommodated in the shelter, shelter staff should
collect information about the beneficiary’s health history, based on the
information and recommendations offered by other partners:
a. Medical history;
b. Actual conditions of beneficiary’s health;
c. Other necessary information.
19. Each shelter should provide professional psychological/psychiatric services for
the beneficiary. For beneficiary’s not residing in shelters, the local CSW will
coordinate the provision of psychological and psychiatric services.
20. If a beneficiary is pregnant, special and necessary health care should be provided.
When an abortion is requested:
a. If the beneficiary is a child, an abortion can be performed with the consent
of the beneficiary and the parent/legal guardian. If the child beneficiary is
96
accommodated in the shelter, consent should be asked from the case
manager from CSW as well;
b. If the beneficiary is an adult, abortion can be preformed with the
beneficiary’s written consent;
c. For all beneficiaries, abortion is preformed according to Kosovo law.
21. Documents and the report on a beneficiary’s health should be part of the personal
file of every beneficiary. The report on the status of the beneficiary related to
HIV/AIDS and other sexually transmitted diseases should be kept confidential.
22. All health services for beneficiaries should be offered for free from the public
medical service providers.
23. In emergency cases when the beneficiaries’ health is at risk, the shelter staff
should contact emergency aid directly; for beneficiaries accommodated in a highrisk shelter, other Partners of Direct Assistance should be informed.
24. If a beneficiary is a drug addict, shelter staff in cooperation with experts should
undertake all adequate measures to improve the condition of the beneficiary.
3. No medical examination should be done without the approval of the legal
guardian/case manager from CSW (when beneficiary is child) and without the
approval of the beneficiary herself/himself, except in the cases when the life of the
beneficiary is at risk.
4. An abortion cannot be performed if conducting the procedure conflicts with the
legal framework and before the beneficiary has consulted with the psychologist.
Private clinics cannot perform an abortion for a beneficiary.
 Forms of consent from the beneficiary or other responsible persons;
 Medical records when medical services were provided;
 When the program of medical services ends, all medical documents should be
handed over to the beneficiary. If the beneficiary is a child, these medical records
will be handed over to the legal guardian.
INDICATORS:
 Forms of the services provided to the beneficiary;
 Interviews with beneficiaries where they report on the services they have
received.
7. PSYCHO-SOCIAL SUPPORT
STANDARD: Psycho-social support is fundamental to the beneficiary’s welfare and
empowerment, and should be provided to the beneficiary in a continuous manner.
CRITERIA:
97
5. Identification of the beneficiary’s needs for psycho-social support should be done
by adequate professionals appointed by the CSW and shelters (when a beneficiary
is accommodated in the shelter).
6. Beneficiaries should be given the necessary psycho-social support, based on needs
identified by professionals. This support is provided by the shelters (when the
beneficiary is in shelter) or by CSW (for beneficiaries outside shelters).
7. The staff of CSW and shelters in cooperation with experts should set timeframes
for the psycho-social treatment of each beneficiary.
8. All services provided to the beneficiary should be documented properly, in
accordance with professional standards and legal norms in force.
2. Psycho-social services must not be provided and imposed against the will of the
beneficiary or against the will of the legal guardian, if the beneficiary is a child.
FORMS AND DOCUMENTS
 Beneficiary’s Care Plan – section for psycho-social treatment.
INDICATORS
 Interviews with beneficiaries related to the services they used;
 Report of professionals;
 Reports on progress of beneficiaries.
8. EDUCATION
8.1. Education
STANDARD: Education is an individual right of every person, and, therefore, the right of
the beneficiary (based on the Constitution of the Republic of Kosovo which guarantees
every person the right to basic schooling without payment).
CRITERIA:
10. Each beneficiary and their children according to the laws of Ministry of
Education, Science and Technology (MEST) are guaranteed access to education
without payment, based on their age, interest, and potential.
11. For all beneficiaries and their children a plan for education should be prepared
based on their identified needs. This plan should be prepared with the
beneficiaries’ consent and agreed to by MEST, shelters, social workers from
CSW, and the beneficiaries.
12. For beneficiaries and their children who have the opportunity to continue their
regular schooling, arrangements should be made for them to do so.
98
13. Beneficiaries and their children who have left formal schooling for one or more
years, should be provided with the opportunity to attend non-formal classes based
on different school subjects.
14. Beneficiaries and their children who are high-risk should be able to attend lessons
inside the shelter. When the level of risk diminishes, they should have the
opportunity to attend formal and informal classesxviii.
15. For beneficiaries and their children who are illiterate, participation in literacy
programs should be made available.
16. Beneficiaries and their children should be provided relevant school material and
uniforms from shelters (when beneficiaries are in the shelter) or from the CSW
(when beneficiary in not in the shelter).
17. The progress of beneficiaries and their children in school should be monitored by
the case managers inside and outside of the shelter, in order to identify difficulties
that beneficiaries may encounter in school and undertake measures to prevent
them.
18. When schooling is not possible, beneficiaries should be provided adequate basic
educational and livelihood programs (see Standard 9).
3. No services should be provided without a prior agreement between case managers
and beneficiaries.
4. All educational services must conform to relevant laws related to schooling and
education.
 Report on the evaluation of needs of the beneficiary for school and on available
opportunities;
 Beneficiary’s Care Plan – section on education;
 Agreement among different stakeholders.
INDICATORS:
 Reports on the progress of the beneficiary in school as well as the progress of
their education.
8.2. Skills for life
STANDARD: Beneficiaries inside and outside of shelters should be offered and enabled
services for improving essential life skills.
CRITERIA:
7. Service providers should provide training and information related to:
xviii
For the realization of this standard, an agreement should be signed between MEST, MLGA, MWSW
and shelters on providing the services of ‘flying’ teachers in the shelters.
99
a. Self-esteem and decision-making skills;
b. Parental skills;
c. Social skills;
d. Existing institutions that can support beneficiaries;
e. Hygiene;
f. Physical and health personal care.
8. When the beneficiary is in a shelter, shelter staff is responsible for providing
services on improving essential life skills.
9. When the beneficiary is outside a shelter, the case manager from the CSW should
identify existing opportunities where the beneficiary can be referred for improving
essential skills.
10. As appropriate, beneficiaries should be provided reliable information from health
care professionals on reproductive health and sexually transmitted diseases.
11. If the beneficiary is in a shelter, the shelter is obliged to provide adequate
professional services on educating beneficiaries on the risks of trafficking.
12. If the beneficiary is outside a shelter, adequate professional services educating
beneficiaries on the risks of trafficking should be coordinated by the case manager
from the CSWs and other service providers.
2. No one should obligate beneficiaries to participate in any activities or lectures
against her/his will.
 Evaluation reports on beneficiary’s basic knowledge and life skills.
 Beneficiary’s Care Plan – section on life skills
INDICATORS:
 Progress reports on beneficiaries’ basic knowledge and life skills.
9. VOCATIONAL TRAININGS/ COURSES
9.1. Professional development
STANDARD: All beneficiaries should be provided with adequate trainings/courses that
will help their professional development and will enable them to be employed and
integrated into the community.
CRITERIA:
4. Beneficiaries should be evaluated based on their capacities, needs, and interests
with regard to their professional development and economic empowerment, in
order to become fully integrated into the community. For beneficiaries in a
100
shelter, this evaluation should be done by the shelter staff; for beneficiaries
outside a shelter, this evaluation should be done by the case manager from CSW.
5. CSW (if the beneficiary is outside of shelters) and shelters themselves (if the
beneficiary is in the shelter) are obliged to identify existing opportunitiesxix to
involve beneficiaries in activities for his/her professional development and to
enable these services, by identifying possible resources to enable necessary
materials for trainings/courses.
6. After identifying existing opportunities, Case Managers should agree with service
providers (of the professional trainings/courses) and refer beneficiaries to the
identified service providers.
2. Involvement of the beneficiaries in vocational trainings/courses must not start
without consent from the beneficiary, and the legal guardian when the beneficiary
is child (inside and outside of the shelter).
 Beneficiary’s Care Plan – section on Vocational Training;
 Agreements with service providers of trainings/courses for
development.
vocational
INDICATORS:
 Progress report
9.2. Economic independence
STANDARD: Economic independence is a basic condition for full and sustainable
reintegration. Based on their qualifications, beneficiaries will be offered opportunities in
businesses or in civil service in order to create a favorable environment for successful
employment. When appropriate, beneficiaries may be offered opportunities for selfemployment, including assistance starting micro-enterprises.
CRITERIA:
1. For each beneficiary, their Care Plan should address their economic
independence, taking into consideration their abilities, skills, age, strengths and
weaknesses. This plan should be prepared by the case managers in coordination
with beneficiaries for beneficiaries residing inside and outside of shelters.
2. All involved parties must support beneficiaries to be employed or be selfemployed in correspondence to their qualification. Support can include
professional support or instruction and ensuring relevant documentation for
xix
That would include centers for vocational training, employment institutions, different donors, private
sector, public sector, local and central authorities
101
integration and preparation of business plans in case possible donors are
identified.
3. Service providers should take advantage of and refer beneficiaries to all available
resources, both public and private, in their communities.
9. Plans for economic independence must not be implemented without the consent
and approval of the beneficiaries.
 Beneficiary’s Care Plan – section on economic independence;
 Agreements with service providers.
INDICATORS:
 Market research;
 Progress Reports related to different fields for economic independence.
10. LEGAL SUPPORT
STANDARD: Beneficiaries should be aware of their legal rights and should be provided
with professional legal services to ensure they are able to benefit from their rights.
CRITERIA:
1. The beneficiary should be provided a translator in his/her native language or a
language that he/she understands well.xx
10. Each beneficiary has a right to legal support from competent institutions.
11. The beneficiary should be informed fully every time about not testifying and false
testimony in order to enable her/him to make a clear decision.
12. Beneficiaries must be offered special counseling sessions before, during, and after
the court trial.
13. Each beneficiary who agrees to testify against the traffickers in court must be
assisted through the entire process by a victim advocate.
14. When the beneficiary is a child, during the court trial, both the victim advocate
and case manager from the CSW should be present.
15. Beneficiaries should be assisted in getting financial compensation for lost wages
as well as harm suffered while trafficked.
16. Beneficiaries should be provided with legal counseling and services for other
legal concerns they may have which are unrelated to the criminal proceedings
against their traffickers (i.e. child custody, divorce, etc.).
xx
There may be no available translators for certain languages, and at this case the communication with the
beneficiary must be done in the second language that the he/she understands.
102
1. Beneficiary must never be asked to give a statement to the police before being
informed of their rights by a victim advocate.
 Police reports;
 Reports on court sessions;
 Decisions of the court;
 Beneficiary’s Care Plan – section on legal assistance.
INDICATORS:
 Number of cases that benefited from the support and representation in courts.
11. COMPLAINT PROCEDURES
STANDARD: Beneficiaries must be informed and advised of their rights, and service
providers are responsible to ensure the protection of beneficiaries’ rights.
CRITERIA:
12. Beneficiaries must be informed of procedures for making a complaint against
their service providers, if necessary.
13. Every verbal or written complaint must be sent directly to the service provider or
anonymously through the complaint box. The complaint box has to be opened
once a week, in the presence of two persons who are responsible for considering
the complaint.
14. Complaints about the shelter should be treated by the shelter management. For
complaints on legislative, procedural, security and other aspects related to service
providers outside of the shelter, the beneficiary should be given the opportunity to
express their complaints towards the appropriate institutions.
15. Beneficiaries should be given necessary tools for documenting complaints (paper,
envelope, postal stamps, pen).
16. Every complaint from beneficiaries of the services, no matter if it is verbal or
written, should be recorded and its resolution documented.
17. All complaints should get a written answer and one copy of the answer should be
put in the register of complaints. The answers also should be communicated to the
beneficiaries verbally.
18. Beneficiaries should have the right to complain about any aspect of their case
management.
19. The right of beneficiaries to voice complaints should be respected according to the
relevant legal timeframes and special measures should be undertaken on each
complaint individually.
20. The procedure for lodging complaints should be confidential and relevant
information should be shared only with stakeholders involved in those procedures.
21. If beneficiaries do not feel comfortable enough to address a complaint to the
responsible employees of the shelter, the complaint should be addressed to the
Case Manager of CSW and other stakeholders.
103
22. If the beneficiary does not feel comfortable to address the complaint to the Case
Manager, the complaint should be addressed to the directorate, and so on.
3. If complaints are mailed, the shelter management does not have the right to check
their content. Shelter staff is only allowed to check if the letter is addressed to the
right address.
4. Complaints must not influence at all the level of care provided to beneficiaries.
 Letter of complaints;
 Complaints registers;
 Written responses to complaints.
INDICATORS:
 Number of complaints received;
 Interviews with beneficiaries about their understanding of and satisfaction with
the complaints procedures.
12. Beneficiary Files
STANDARD: Each beneficiary must have a beneficiary file, since it is very important to
collect information on every case and use this information for their treatment.
CRITERIA:
6. Every beneficiary must have an individual beneficiary file. Files should be
divided in different sections.
7. Beneficiaries must be informed about the existence of their files and should be
given access to those files. Child beneficiaries have the right of access to their
files after the age of 18.
8. The beneficiary file including beneficiary’s general information and Care Plan
can be shared with service providers involved in her/his assistance to update and
incorporate any other additional relevant information.
9. Every piece of information considered risky for the beneficiaries and the service
providers’ staff should be kept separately, with limited access.
10. Files should be kept in locked metal cabinets.
3. Reports of the beneficiaries must not include prejudgment by shelter staff and
case managers. It is very important not to use language that is offensive to the
beneficiaries or that put the beneficiaries in danger.
4. Reports and beneficiaries’ files must not be kept in places that are open and that
are accessible to other persons who are not responsible for the case.
104


Each file contains reports with exact information, dated and signed by the person
who completes the report.
When beneficiaries are accommodated in the shelter, documentation is handed in
to the beneficiary the moment they go out of the shelter. For child beneficiaries,
this documentation should be handed to the case managers.
INDICATORS:
 Existence of individual files;
 Beneficiary’s files contain all of the documents outlined in these standards,
including:
o Arrival form including rules and regulations of the shelter, signed by
beneficiary (and guardian in the case of a child);
o Risk assessment;
o Individual Care Plan, signed by beneficiary (and guardian in the case of a
child);
o Medical Records;
o Progress reports from service providers and direct assistance partners;
o Reports from school and teachers for child beneficiaries;
o Documents and paperwork related to the beneficiary’s legal cases;
o Documentation of any of the beneficiary’s complaints and how complaints
were resolved;
o Shelter departure form, signed by beneficiary (and guardian in the case of
a child).
13. FOLLOW-UP
STANDARD: The process of case follow-up should ensure that beneficiaries’ long-term
needs are fulfilled
CRITERIA:
1. Follow up includes:
a) Protection from re-trafficking;
b) Protection from stigmatization and discrimination;
c) Protection from any exploitation;
d) Re-establishment of the right for nationality; and
e) Re-establishment of the parental right and ownership right.
2. Case managers and responsible officers (VA and CSW) in agreement with shelter
staff will arrange regular visits for one year.
3. The relationship of the beneficiary with family should be monitored, and case
managers should ensure that the beneficiary is being treated with dignity by the
family and the others.
4. The responsible professionals should identify any difficulties the beneficiary faces
and draft a plan for assistance based on the needs.
5. If the beneficiaries are not Kosovar, the follow-up process should continue until
her/his repatriation and the responsibility for follow-up from the moment of
105
her/his repatriation should be handed over to the place of origin, as described in
the SOP.
6. Every follow-up visit to a beneficiary should be recorded in special forms,
including information about difficulties faced and actions taken.
3. We must not break contact with beneficiaries for a specific period of time in order
to see how their re-integration is going.
4. Any follow-up process should be done without the beneficiary’s consent.
 Beneficiary visits records;
 Reports about case follow-up visits.
INDICATORS:
 Number of beneficiaries fully integrated in normal life.
106

Kosovo Minimum Standards of Care for Victims of Trafficking

Transcription

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