Understanding the phenomenon on human trafficking on European legislation and its impact on victims

Abstract

Human trafficking is a multifaceted crime which shares a range of characteristics with transnational crimes such as human smuggling and crimes of an exploitative nature like debt bondage, forced labour, sexual exploitation, and domestic servitude. Despite international efforts to curb trafficking, various limitations currently persist, impeding its effective prevention, the prosecution of culprits, and the protection of victims. Drawing on interviews with five local professionals, knowledgeable on the subject of trafficking, this research attempts to clarify the unique elements of human trafficking and reflect on the contents of existing EU and national legislative and policy measures. It analyses the recent legislative progress on anti-trafficking to identify current weaknesses in enforcement. It identifies patterns of offending and the limits encountered in the prosecution of culprits. It explores the current level of support given to victims, with a particular focus on third-country nationals. It also questions the political construct of trafficking as a breach of immigration law and its impact on the development of counter-measures. This study discusses the need to employ a victim-centered approach, instead of the harsh criminalization of trafficking. The potential outcome of shifting approach is explained through the lenses of prevention, prosecution, and protection. It is suggested that each area would benefit from a victim-centered approach, leading to a better understanding of the mechanisms adopted in trafficking and to more effective enforcement.