EU Parliament votes to strengthen protection for human trafficking victims

The criminalisation of forced marriage, illegal adoption, and exploitation of surrogacy have been added to the scope of a directive to prevent human trafficking and protect victims, as voted by the European Parliament on Tuesday (23 April).

MEPs voted with 563 in favour, seven against, and 17 abstentions to expand the scope of current measures on labour and sexual exploitation, impacting victims, law enforcement, judges, and those involved in the trafficking of human beings.

“We achieved progress during these negotiations; new forms of exploitation will be criminalised, and the rights of victims, including those that are migrants, will be improved. We are also reducing demand with provisions on sexual exploitation,” said Swedish co-rapporteur Malin Bjork.

Aside from criminalising forced marriage, illegal adoption, and exploitation of surrogacy across the bloc, the new rules will criminalise the use of services provided by a trafficking victim when the user is aware of the exploitation.

To the question of whether the group could obtain more protection, Björk told Euractiv that the Left “wanted a ban of the purchase of sex from people who are victims of trafficking, even if the buyer claims he/she did not know the person in question is a victim of trafficking”.

The directive allows prosecutors “to choose” whether to prosecute victims committing illegal acts against their will. However, the EU has no power to establish it as a rule because the matter is a competence of member states.

In terms of victim support, they will be afforded better access to shelters and safe houses, and those with disabilities will be guaranteed appropriate support, while unaccompanied children will be appointed guardians or representatives.

Victims of trafficking who are also in need of international protection will be given appropriate support and protection, and their right to asylum will be respected. Furthermore, victims will be given access to protection programmes, including third-country nationals, undocumented individuals and those in the EU with irregular status.

Companies (identified in the directive as ‘legal persons’) involved in trafficking human beings will be subjected to penalties, such as being excluded from tendering processes or public reimbursement or subsidies. 

Enhanced coordination between anti-trafficking and asylum authorities is foreseen in the directive’s implementation and judges can consider the non-consensual spreading of sexual images or videos as an aggravating circumstance during trials.

Human trafficking in the EU

Some 10,093 victims of human trafficking were registered in the EU in 2022, according to Eurostat data. Nearly two-thirds of the victims (63%) are women and girls. 

Among those victims, 82% were trafficked for sexual exploitation (4,014), with 3,990 trafficked for forced labour. The remaining 18% are victims, among others, of organ removal, benefit fraud, criminal activities, and forced begging.

The Left group at the European Parliament, which had the two rapporteurs on the file, welcomed the news from the European Parliament. 

“This directive is a great step forward, particularly for women’s rights,” the co-president of the Left group at the European Parliament Manon Aubry told journalists on Tuesday.

The directive, which is a revision of previous legislation approved in the early 2010s, was approved by EU institutions in late January, and after Tuesday’s vote, it needs to be endorsed by EU ministers before being published in the EU journal. Member states will then have two years to implement it in full.

As for all directives, they only establish minimum standards for the entire Union. If a country has stronger measures in place, the EU directive will not impact its rules.

[Edited by Aurélie Pugnet/Alice Taylor]

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