Yesterday, 13 June, marked one year since the adoption of the recast EU Anti-Trafficking Directive, a key moment in the EU’s legal response to trafficking in human beings. Today, 14 June, we also mark one year into the transposition period of the EU Directive on combating violence against women and domestic violence.
One Year of the Recast Anti-Trafficking Directive
Now, one year on, Member States have about one year left (as from 14 July) to transpose the revised Directive into national law. This process is important as much will depend on how Member States implement the Directive and apply the new changes.
The revised Directive introduced several changes, including making it mandatory for member states to criminalise 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. These measures should guarantee the prompt identification of victims and the delivery of assistance, particularly for the most vulnerable individuals, including women, children, and those requiring international protection. Also, the possibilities of non-prosecution of and non-application of penalties to victims of trafficking are expanded. Hence, victims of trafficking should not, for instance, be held responsible for administrative offences related to prostitution, begging, loitering or undeclared work. This should encourage victims to report crimes and seek support or assistance.
Related to this, 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.
Moreover, it also introduces three additional forms of exploitation under Article 2: the exploitation of forced marriage, surrogacy, and illegal adoption. These additions, which might help to raise awareness about such practices, also raise critical questions regarding legal definitions, implementation challenges, and potential rights implications around these forms.
La Strada International is conducting further research to better understand the legal landscape across Member States, and possible implications.
Given the complexity of transposition, we ask member states to engage with relevant actors, including civil society actors, in the process of transposing and also exchange with other EUMS to build knowledge and further guidance on how new provisions should be interpreted and implemented, and to ensure that all transposition efforts should uphold a victim-centred and rights-based approach, in line with international standards and best practices.
One Year of the Violence Against Women Directive
As for the VAW/DV Directive, Member States have more time, until 14 June 2027, to complete the transposition of the Directive into national law.
The Directive adopted a holistic approach to combat violence against women and domestic violence, incorporating measures relating to prevention, protection, support for victims, access to justice and prosecution of perpetrators.
The Directive further guarantees comprehensive support to victims of violence against women and girls and domestic violence and access to both general and specialist support services, shelters, support for child victims, as well as access to comprehensive medical care including sexual and reproductive health services.
The Directive recognises that victims of violence against women and domestic violence who experience intersectional discrimination are at a heightened risk of violence, and obliges Member States to meet their specific needs.
In the implementation of the Directive, Member States must ensure that all victims of gender-based violence are protected, no matter their sexual orientation, gender identity, gender expression, race or sex characteristics.
We call on the European Commission to provide guidelines and training to Member States for both Directives, based on international standards and in consultation with civil society organisations.
Read more about LSI’s position here: Joint civil society reaction to the adoption of the EU Directive on combating violence against women and domestic violence.