EU directive on preventing human trafficking
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims was adopted in April 2011 and was to be transposed by member States by April 2013. It sets binding rules on the definition of criminal offences and the level of sanctions as relates to trafficking in human beings. The Directive also sets out to strengthen prevention as well the protection of victims.
Directive 2011/36/EU of the European Parliament of the Council of 5 April 2011
Directive (EU) 2024/1712 amending Directive 2011/36/EU
Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU, and was to be transposed by the Member States by 14 July 2026. The recast Directive introduced several changes, including making it mandatory to criminalize the knowing use of services of trafficked people, which was previously optional. It further requires the establishment of national anti-trafficking coordinators and formal referral mechanisms. Also, the non-punishment provision is expanded, and administrative offences are included.
The revision also requires States to ensure trafficked children can report abuse in a safe and confidential manner. Further, it makes the use of ICT, an aggravating circumstance, and legal entities, such as companies, committing trafficking offences, would be subject to more stringent penalties, including exclusion from public tenders, grants, concessions and licences, and the withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence. Finally, it also introduces three additional forms of exploitation under Article 2: the exploitation of forced marriage, surrogacy, and illegal adoption.
Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU
Commentary on EU Trafficking Directive
Six United Nations agencies have compiled a commentary on the EU Directive on Trafficking in Human Beings which provides a lot of useful background information on the articles of the Directive. The Commentary discusses key articles of the Directive focusing on human rights and gender perspective, including the non-application of penalties to victims (Article 8), the protection of and assistance to victims, examining the concept of due diligence and the principles of non-refoulement and non-revictimisation, and the role of national referral mechanisms (Articles 11), the protection of victims in criminal proceedings (Article 12), the concepts of remedy and redress (Article 17), prevention (Article 18), and the establishment of a monitoring mechanism (Article 19).
Joint UN Commentary on the EU Directive – A Human Rights-Based Approach
EU Strategy towards the Eradication of Trafficking in Human Beings
On 14 April 2021, the European Commission adopted a new EU Strategy on Combatting Trafficking in Human Beings (2021-2025). This strategy which is closely linked to the EU Strategy to Tackle Organised Crime (2021-2025).provides for a comprehensive response to the crime – from preventing the crime, and protecting and empowering victims to bringing traffickers to justice.
EU Strategy towards the eradication of trafficking in Human Beings (2012-2016)
The Strategy focuses on:
- reducing demand that fosters trafficking
- breaking the business model of traffickers through effective operational means against the criminal business model, tackling the culture of impunity by building capacity for a robust criminal justice response, as well as the digital business model of traffickers
- protecting, supporting and empowering the victims with a specific focus on women and children
- promoting international cooperation
In 2013, the EU Civil Society Platform was launched, which currently brings together over 100 NGO participants from across the EU and beyond, including many La Strada International members. The Platform regularly meets twice per year, including in joint session with the informal network of National Rapporteurs or Equivalent Mechanisms on trafficking in human beings, and meetings are organised by the Office of the EU Anti-trafficking Coordinator.