Rights of victims of human trafficking

Human trafficking victims are entitled to receive assistance and protection. Victims whose home municipality is not in Finland are entitled to obtain assistance from the system for victim assistance. This assistance may include accommodation arrangements, social and health care services, legal advice and assistance, security arrangements and other support measures needed by victims.
 
The state reception centres in Joutseno and Oulu manage the system for victim assistance. The Joutseno reception centre is responsible for adult victims of human trafficking, families and groups, whereas the Oulu reception centre is responsible for organising services and other support measures for minors.
 
Victims who have a home municipality in Finland are provided with basic services by their home municipality. In such cases, some services can also be paid from state funds through the system for victim assistance.
 
A mere suspicion of human trafficking victimisation is enough to gain access to the system. Victims of offences related to human trafficking have also been included in the system. Such offences are aggravated procuring, discrimination at work tantamount to extortion and aggravated facilitation of illegal entry.
 
Legal advice and assistance are provided by, for example, the Ombudsman for Minorities, who has also acted as the national rapporteur on trafficking in human beings since the beginning of 2009.
 
The telephone number of the Joutseno reception centre is 071 876 3170. Assistance is also provided by a large number of third-sector actors such as Victim Support Finland, Pro-tukipiste and Monika, the Multicultural Women’s Association.
 
Those human trafficking victims who stay illegally in Finland may be granted a reflection period and a residence permit on the basis of victimisation. Under the Aliens Act, a victim of trafficking is issued with a residence permit under certain conditions. The most important condition is that the victim is prepared to cooperate with the authorities so that those suspected of trafficking can be caught.
 
The residence permit for a victim of human trafficking remains in force for a minimum of six months and a maximum of one year. Issuing a residence permit does not require that the alien have secure means of support. During the validity of the residence permit, the victim has the right to work. The permit does not, however, grant the right to family reunification. The application for the first residence permit is filed with the District Police. A decision on the first residence permit is made by the Finnish Immigration Service. A residence permit may be issued even if the alien does not have a valid travel document. After two years of continuous residence in the country, the victim may, under certain conditions, be issued with a continuous residence permit.
 
When the victim is in a particularly vulnerable position, the permit may initially be issued on a continuous basis without the obligation to cooperate. A residence permit may also be issued on other grounds. For example, some victims of human trafficking have been issued with a permit of continuous nature under section 52 of the Aliens Act (compassionate grounds). 
Section 52a (619/2006) Issuing a residence permit for a victim of trafficking in human beings
A victim of trafficking in human beings staying in Finland is issued with a temporary residence permit if:
1) the residence of the victim of trafficking in human beings in Finland is justified on account of the pre-trial investigation or court proceedings concerning trafficking in human beings;
2) the victim of trafficking in human beings is prepared to cooperate with the authorities so that those suspected of trafficking in human beings can be caught; and
3) the victim of trafficking in human beings no longer has any ties with those suspected of trafficking in human beings.
If the victim of trafficking in human beings is in a particularly vulnerable position, the residence permit may be issued on a continuous basis regardless of whether the requirements laid down in subsection 1(1) and (2) are met.
Issuing the residence permit is not conditional on the alien having secure means of support.
If a victim of trafficking in human beings is issued with a temporary residence permit, his or her family members staying abroad are not issued with a residence permit on the basis of family ties. If he or she is issued with a continuous residence permit, family members are issued with a residence permit under section 47(3).
 
Section 52 Issuing residence permits on compassionate grounds
 
(1) Aliens residing in Finland are issued with a continuous residence permit if refusing a residence permit would be manifestly unreasonable with regard to their health, ties to Finland or on other compassionate grounds, particularly in consideration of the circumstances they would face in their home country or of their vulnerable position.
(2) Issuing a residence permit does not require that the alien have secure means of support.
(3) If aliens are issued with a residence permit under subsection 1, their family members are issued with a residence permit under section 47(3).
(4) If unaccompanied minor children who have entered Finland are issued with a residence permit under subsection 1, their minor siblings residing abroad are issued with a continuous residence permit. A requirement for issuing a residence permit is that the children and their siblings have lived together and that their parents are no longer alive or the parents’ whereabouts are unknown. Another requirement for issuing a residence permit is that issuing the permit is in the best interest of the children. Issuing a residence permit does not require that the alien have secure means of support. 
Before issuing a residence permit, a reflection period is granted to a victim of human trafficking during which he or she must decide whether to cooperate with the authorities. The reflection period may be granted for at least thirty days and a maximum of six months. Police or border check authorities decide on granting the reflection period. The reflection period may be suspended under certain conditions. The decision on granting or suspending the reflection period may not be appealed.
 
 Section 52b (619/2006) Reflection period for a victim of trafficking in human beings
 
(1) Before issuing a residence permit laid down in section 52a, a reflection period of at least thirty days and a maximum of six months may be granted to a victim of trafficking in human beings.
(2) During the reflection period, a victim of trafficking in human beings must decide whether he or she will cooperate with the authorities referred to in section 52a(1)(2).
(3) The reflection period may be suspended if the victim of trafficking in human beings has voluntarily and on his or her own initiative re-established relations with those suspected of trafficking in human beings or if this is necessary on the grounds mentioned in section 36(1).
 




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