Early and immediate assistance

Victims of human trafficking in Germany are entitled to anonymous assistance free of charge, regardless of their willingness to cooperate with state authorities. The German NGO Network against trafficking in Human Beings (KOK) together with its members KOK have developed standards for providing counselling and support for victims of human trafficking. 

The assistance, by counselling centres and women’s shelters, can include:

• Psychosocial counselling and support
• Provision of information
• Safe accommodation
• Supporting the victim in their contact with state authorities, including criminal proceedings
• Legal aid to enforce rights of the victim under residence and social law
• Medical and psychological care
• Financial subsistence and access to social benefits
• Vocational work
• Interpretation and translation services 
• Supporting victims who leave Germany to get help in their country of origin

The threshold for accessing existing assistance programs is low. 

The access to the assistance and services can be limited, if the victim does not have a legal residence status in Germany or if the victim is under an immediate risk of deportation. Third-country national victims without legal residence are entitled to assistance during the reflection and recovery period of three months, independent of their willingness to co-operate with the investigation. However, beyond the recovery and reflection period, they can continue to receive assistance on condition that human trafficking is reported to the police and a criminal investigation is initiated.

The provision of accommodation to victims is the responsibility of the Federal States.  KOK maintains a list of specialized counselling centres and accommodation possibilities. These include for instance women’s shelters. The counselling centres cannot offer accommodation for male victims. Male victims can be accommodated in in shelters for homeless people or reception centres for asylum seekers. 

Child victims can be accommodated in a residential care facility, in another form of assisted living, or with a foster family. The suitable accommodation depends on the child’s needs.

Upon receiving a referral, the counselling centres make an assessment of the individual needs of the victim.

The Federal Office for Migration and Refugees is responsible for conducting risk and needs assessments for victims who have applied for asylum. The assessment uses information from the identification process, with the assistance of special representatives for trafficking victims. It also takes into account child-specific reasons for persecution and procedures for child-specific asylum interviews. 

The Child and Youth Welfare proceedings are always tailored based on the individual need of each child victim. 

The legal basis for granting a reflection period for a victim of human trafficking is formulated in the German Residence Act (Article 59). The reflection period is granted by the Foreigners Registration Office. 

The process for receiving a reflection period can vary by Federal State. In some Federal States, the he Foreigners Registration Office decides whether to grant a recovery and reflection period on the basis of an assessment of the competent police or public prosecution authority. This requires an interview with the possible victim by the police or prosecutor, without this being considered as making a formal statement.  In other Federal States, the Foreigners Registration Office, can grant the recovery and reflection period based on the assessment of the counselling centres, without the confirmation from the police or public prosecutor’s office. 

The potential victim has to be identified by an authority to be eligible for a reflection and stabilization period or to receive a document certifying victim status. 

The reflection period is valid for three-months with the possibility for extension. Victims can receive full assistance during the reflection period.