Restitution and Compensation for Victims of Human Trafficking

Abstract

Human trafficking is one of the most serious transnational crimes in international law, as it not only constitutes a fundamental violation of human rights but also causes long-term physical, psychological, social, and economic harm to victims. In this context, mechanisms of restitution, compensation, rehabilitation, and recovery are essential elements of a victim-centered criminal justice system. However, the implementation of these mechanisms continues to face various normative and practical challenges, particularly regarding the effectiveness of law enforcement, inter-agency coordination, and the responsibility of the state in ensuring victim recovery. This research aims to comprehensively analyze the legal mechanisms governing restitution and compensation for victims of human trafficking, as well as to examine the victim-centered justice approach as a new paradigm in the protection of victims’ rights. The research method used is normative legal research with statutory, conceptual, and comparative approaches to international legal instruments as well as national regulations related to the eradication of human trafficking crimes.The results of the study show that although various legal instruments guaranteeing victims’ rights to restitution and compensation exist at the normative level, their implementation remains weak due to limitations in enforcement mechanisms and the state’s role in providing compensation schemes is still not optimal, resulting in many victims not receiving adequate recovery. There is a need to strengthen a more victim-responsive legal system through regulatory harmonization, reinforcement of witness and victim protection institutions, and the implementation of a justice approach that truly places victims at the center of criminal justice proceedings.