Criminalisation of demand-side actors of trafficking in human beings, forced labour and labour exploitation

Paving the way for assessing the feasibility and added value of a criminal justice response

auteurs Yasmin Van Damme
  Gert Vermeulen
tijdschrift GofS (ISSN: )
jaargang 2012
aflevering European Criminal Justice and Policy
onderdeel Artikelen
publicatie datum 14 september 2012
taal English
pagina 205
keywords labour exploitation, criminalisation, Trafficking in human beings, forced labour, demand
samenvatting

First with the 2005 Council of Europe anti-trafficking in human beings Convention and later in all EU anti-trafficking in human beings instruments, a provision was adopted providing for a possibility of criminalising users of the services of victims of trafficking in human beings. This research article aims to pave the way for further research into the feasibility and added value of such a criminalisation, first by recalling the definition of trafficking in human beings to reaffirm who the actors are that play a role in this criminal process and to clarify who the “demand-side actors” are. The article therefore equally pays attention to the difference between trafficking in human beings and occurrences of labour exploitation that are not trafficking in human beings. After this introduction, it is investigated which legal and moral room exists for the further development of adopting criminalisation provisions for those actors on the market who are on the final receiving end of the criminal processes. Furthermore, the authors plea for an expansion of the idea of criminalisation of demand-side actors of trafficking in human beings, to demand-side actors of forced labour and severe labour exploitation since currently no such provisions exist. The main goal of this article is to pave the way for further extensive research that is necessary before formulating an adequate answer to the question of the added value and feasibility of criminalising those who knowingly use the services of victims of trafficking in human beings, forced labour and severe labour exploitation.