Trafficking in human beings for the purpose of sexual exploitation:
WHAT IS THE TRAFFIC OF PERSONS FOR THE PURPOSE OF SEXUAL EXPLOITATION?
The definition of the within the 2005 Council of Europe Convention on Action against Trafficking in Human Beings and Trafficking Directive 2011/36/EU state that exploitation includes „as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation …“. In light of these guidelines, it is necessary to have the three main elements of the definition of the Convention: action, means and purpose (for adults). National Legislation may differ from the text of the Convention, especially as regards the need to prove whether some of the means (delusion, fraud, coercion) have been used to identify a case of trafficking for the purpose of sexual exploitation.
Trafficking in human beings for the purpose of labour exploitation:
WHAT IS THE TRAFFIC OF PERSONS FOR EMPLOYMENT?
According to Directive 2011/36/EU, exploitation „shall include … forced labour or services, including begging, slavery or practices similar to slavery, servitude …“.
According to the 1930 ILO Convention on Forced Labour (No 29), forced labour is defined as „all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily“.
The phrase „all work or service“ indicates that the proibition of forced labour refers to all types of work, services and/or employment, irrespective of the industry or occupation practiced and regardless of whether the practice is legal and formal or illegal and informal in nature. It also applies to all human beings, regardless of their age, gender, background or legal status in the country where they are engaged in forced labour.
WHAT IS THE TRAFFIC OF CHILDREN FOR BEGGING, PICKPOCKETING, AND/OR VARIOUS ILLEGAL ACTIVITIES?
Paragraph 11 of the Preamble of Directive 2011/36/EU of the European Parliament and the Council of the European Union addresses this issue. In this respect, the Directive has adopted a broader interpretation of the concept of trafficking in human beings in this context, which reads: „… forced begging should be understood as a form of forced labour or services as defined in the 1930 ILO Convention No 29 concerning Forced or Compulsory Labour“. It is further added that „‘exploitation of criminal activities’ should be understood as the exploitation of a person to commit, inter alia, pick-pocketing, shoplifting, drug trafficking and other similar activities which are subject to penalties and imply financial gain.“ It should also be noted that, as regards the Directive, it also provides as follows: „the exploitation of begging, including the use of a trafficked dependent person for begging, falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of any possible consent to perform such labour or services should be evaluated on a case-by-case basis. However, when a child is concerned, no possible consent should ever be considered valid.“ As far as criminal activities are concerned, the exploitation of a person to perform such activities is defined as a crime.
- Trafficking of pregnant women for the purpose of selling their newborns
- Trafficking in human beings for the sale of bodily organs, tissues, ova