Negotiators from the Belgian Presidency of the EU Council and the European Parliament reached agreement, on the evening of Tuesday 23 January, on the revised directive on trafficking in human beings, which will make it possible to include forced marriage, illegal adoption and exploitation of surrogacy in the list of crimes at EU level (see EUROPE 13265/11).
According to a press release, the agreement “will give a broader scope for law enforcement to dismantle criminal organisations and will increase penalties for companies convicted of trafficking”.
The agreement will also: - make sure anti-trafficking and asylum authorities coordinate their activities so that victims of trafficking, who are also in need of international protection, receive appropriate support and protection, and that their right to asylum is respected; - criminalise the use of services provided by a victim of an offence concerning trafficking in human beings, where the user knows that the victim is exploited, to reduce the demand driving exploitation; - introduce penalties for companies convicted of trafficking, including excluding them from tendering processes and from reimbursement for public aid or subsidies; - ensure that prosecutors can choose not to prosecute victims for criminal acts they were coerced into committing, and that they receive support regardless of whether they cooperate in investigations or not; - guarantee support to victims using a gender-, disability- and child-sensitive approach and based on an intersectional approach; - guarantee the rights of persons with disabilities and appropriate support, including appointing guardians or representatives, to unaccompanied children; - allow judges to consider the non-consensual spreading of sexual images or videos as an aggravating circumstance when handing out sentences.
Member States and the European Parliament will have to officially confirm this agreement. (Original version in French by Solenn Paulic)