On this European Anti-Trafficking Day, La Strada International calls for immediate and sustained attention to tackle all forms of human trafficking. All severe forms of exploitation and abuse must be unequivocally recognized, addressed, and eradicated across Europe.
All trafficked persons – regardless of their nationality, residence status, gender, age, or type of exploitation – must have equal access to victim-centred protection, assistance, and support. Such access should be guaranteed as soon as there are reasonable grounds to believe that human trafficking has occurred, irrespective of the person’s willingness to act as a witness or their formal identification as a victim.
This call comes as the amended EU Anti-Trafficking Directive, which entered into force on 14 July 2024, introduces three additional forms of exploitation under Article 2: exploitation of surrogacy, of forced marriage, and of illegal adoption.
La Strada International has conducted extensive research across 38 European countries, examining national laws and policies on surrogacy, forced marriage, and illegal adoption, and their intersection with exploitation and human trafficking. Our forthcoming reports highlight that many questions remain about the scope of these practices as ‘emerging forms of human trafficking’, also due to the absence of reliable and relevant data, and about the legal definition and application in practice, especially when exploitative practices amount to human trafficking.
On this European Anti-Trafficking Day, we call upon the European Commission, EU Member States and other European countries to take bold and coordinated action to prevent and address exploitation, including in the context of surrogacy, forced marriage and illegal adoption. We specifically call for:
1. Strengthened Legislation and Legal Frameworks
- Ensure the effective transposition and implementation of European and international legal instruments, including the revised EU Anti-Trafficking Directive; the EU Directive on Violence Against Women/Domestic Violence, the CoE Istanbul Convention and other.
- Criminalize severe forms of exploitation and abuse, including forced marriage as standalone offences.
2. Clear Definitions and Distinctions
- Recognize abusive and exploitative practices as forms of human trafficking when the elements of the trafficking definition are present.
- Provide unambiguous definitions and distinctions between legitimate practices (e.g. legal surrogacy, adoption, and marriage) and trafficking-related exploitation, especially in the absence of a legal definition of exploitation.
3. Non-Legislative Measures and Prevention
- Complement legal reforms with (inter) national strategies, action plans, NRMs awareness and education campaigns to build resilience and prevent human trafficking.
- Address the social, cultural, and economic drivers that allow exploitation to flourish, through comprehensive prevention strategies, and address economic pressures that make persons vulnerable to coercive arrangements.
- Promote due diligence and ensure sanctions to address malpractices.
4. Build Capacity and Engage Communities
- Involve and engage all relevant stakeholders that can detect, report, and refer presumed victims of all forms of human trafficking in national referral mechanisms.
- Deliver specialized training for law enforcement, social workers, legal professionals, and other key stakeholders to identify and respond to all forms of human trafficking.
- Empower affected communities to recognize exploitation and access available support.
5. Victim Protection and Support
- Guarantee access to free legal aid, protection services, and specialized, trauma-informed support for all victims, including those trafficked for the exploitation of surrogacy, of forced marriage and/or of illegal adoption.
- Ensure that victims can safely report and file complaint mechanism and claim justice including compensation.
6. Enhanced Data Collection and Research
- Establish robust systems for collecting, analysing, and annually reporting data and statistics on all forms of human trafficking, including the exploitation of surrogacy, forced marriage, and illegal adoption.
- Use this evidence to further inform policy and legal development and monitor the effectiveness of interventions.
- Support ongoing research, facilitate public discussion, and promote interagency collaboration to share knowledge, data and best practices.
7. Sustainable Funding and Resources
- Secure consistent funding for organisations supporting victims of trafficking and groups at risks of human trafficking, including for shelters and helplines.
- Ensure service providers are adequately resourced to reach and inform victims, identify victims, and deliver comprehensive care and assistance.