Document Type

Article

Disciplines

International Law

Abstract

Reliable data on the number of persons being trafficked is difficult to collect, but it is estimated that every year at least 600,000 people are trafficked worldwide.' Virtually every European state is affected by the crime of trafficking in human beings ("THB"), be it as a country of origin, transport, or destination. Although the fight against THB is already part of the political agenda of many states and of regional and international organizations, the number of persons being trafficked is not declining.

The most objectionable element of trafficking is its severe violation of the victim's human rights. Therefore, approaches to combating THB must be based on human rights law. This view has been advocated both at the national level by states, as well as at the regional level by the European Union ("EU"). At the EU level, the European Commission ("Commission") and the Council of the European Union ("Council") have stated that an integrated approach based on respect for human rights is needed in order to effectively address THB.3 However, as this article will demonstrate, such an approach is absent in the measures adopted by the EU. EU action to combat THB has primarily been a criminal justice response aimed at the prohibition of THB and the prosecution of traffickers. The protection of victims has been a secondary goal, and the causes and consequences of THB have mostly been neglected thus far.

In order to realize a human rights-based approach to THB, the prosecution of traffickers, the protection of victims, and the prevention of THB must be addressed more equally. This means that counter-trafficking measures must be taken in fields other than merely criminal law, with the goal of preventing violations of human rights.' These other fields include labor law, migration law, external relations, and development policy. Yet in these areas, THB is largely neglected, and other interests carry more weight. For instance, these fields place more emphasis on factors such as controlling the flow of migration and gathering victims' testimonies than on the protection of those victims. Instead of combating THB, these measures may have a reverse effect and cause collateral damage.' Furthermore, because of the complexity of the crime of THB and the extension of its definition to labor exploitation, the suggestion that counter-trafficking strategies must be developed in all of these areas of law, and in a coordinated fashion, is gaining ground among academics and policy makers. This strategy is known as an "integrated approach" to THB.

This article will explore how the EU's actions in the aforementioned areas of law affect the combating of THB. It will demonstrate that the EU has addressed THB in a fragmented way, and that the adoption of measures to combat THB in the fields of labor law, migration law, external relations, and development policy has been of secondary importance to the EU, at best. This article will also make suggestions regarding how the EU's fight against THB can be made more successful through the use of an integrated and human rights-based approach. Part II will examine the definition and the relevance of a human rights-based and integrated approach to combating THB. Thereafter, this article will explore the specific relevant legal fields in detail. Part III will focus on criminal law, after which Part IV will deal with labor law. Part V will then address migration law, and Part VI will look at external relations and development policy. Finally, Part VII will present a variety of conclusions and suggestions with respect to EU THB policy. In discussing EU measures that have been taken in specific fields, this article will focus on legally binding instruments.

Accessibility Requirements

1

Download

Share

COinS