Human trafficking means taking possession of another person, taking advantage of their personal or economic plight or helplessness , in order to exploit them for specific purposes, such as prostitution or other forced activities.
Until the second half of the 19th century, the term referred to the trade in slaves . With the abolition of slavery , social modernization processes as a result of urbanization and above all with the development of steam shipping , the trafficking of women, which has always existed in various forms, spread internationally and intercontinental. Initially regarded as a side effect of prostitution , from the beginning of the 19th century several international agreements were passed, some of which, in addition to trafficking in women and girls, already addressed the term human trafficking. At the beginning of the 21st century, other agreements followed in which the term was more explicitly emphasized.
Although the phenomenon was initially referred to synonymously as "white" and later as "modern slavery" (especially by the US sociologist Kevin Bales ), the EU Charter of Fundamental Rights from 2000 bordered slavery together with serfdom and illegal coercion Compulsory work explicitly from human trafficking. Since the International Criminal Tribunal for the Former Yugoslavia described all four terms as a further development of the traditional concept of slavery two years later, the transitions between the terms can be viewed as fluid. Human trafficking must be differentiated from people smuggling , since people smuggling is simply a matter of helping people cross borders.
Human trafficking is now one of the manifestations of organized crime . It is a global phenomenon in the area of tension between the fight against criminal law, migration policy and human rights violations.
Reliable figures on the extent of national and international human trafficking are not available due to the diverse manifestations, different survey methods and a large number of unreported cases . A UN report from 2014 documents 40,177 examples from 152 countries worldwide. According to this, a third of the victims of human trafficking are minors. Most of the victims come from Africa, South and East Asia and Eastern Europe and are smuggled to Western Europe, North America and the Arabian Peninsula. 70% of the victims are women, the fewest perpetrators are convicted.
The International Labor Organization ( ILO ) estimates the number of people in forced labor at over 20 million worldwide in 2012.
Convention to Stop Trafficking in Human Beings (1949)
Human trafficking was initially discussed as a side effect of prostitution in international social and criminal policy.
Between 1904 and 1933 a total of four international agreements against trafficking in girls were passed. Neither of these agreements gave a precise definition of what should be considered trafficking in women, and they all dealt with more or less forced forms of transnational mobility of women and girls for the purpose of more or less voluntary sexual work.
While the first two agreements still contained the term "white slavery" ( White Slave Traffic ), the more neutral concept of trafficking in women and children was adopted when the League of Nations took over the subject and in the context of the adoption of another convention in 1921 . In 1933 another convention was passed, which dealt for the first time with forced prostitution and the trafficking of adult women. Trafficking in women should be understood as the transnational placement and transfer of women “to encourage the fornication of another, for immoral purposes” ( gratify the passions of another ).
In 1949 the United Nations General Assembly passed the Convention to Stop Trafficking in Human Beings and the Exploitation of Prostitution for Others . This can be traced back to the increasingly transnational efforts of the so-called abolitionist movement against state-regulated prostitution on the one hand and to the international legalization processes in the context of combating trafficking in women and girls since the end of the 19th century on the other. The 1949 Convention was intended to summarize the agreements that had been passed up to then and not only take into account the police aspects, but also take into account the view of prostitution as a social problem that was widespread in the post-war period. It criminalized third parties such as pimps , matchmakers and human traffickers, forbade discrimination against prostitutes through state licensing and surveillance systems and, in addition to prevention programs, also provided measures for social rehabilitation when giving up prostitution.
The UN Human Rights Commission established the Working Group on Slavery in 1974. The 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) includes the abolition of all forms of trafficking in women and the exploitation of women in prostitution. This is accompanied by a growing involvement of self-help organizations, such as the International Committee for Prostitutes Rights (ICPR) for since the 1970s decriminalization of prostitution and recognition as an other activities socially and legally equivalent employment .
Additional Protocol "Human Trafficking" to the Palermo Convention (2000)
The United Nations Convention against Transnational Organized Crime of 15 November 2000 (United Nations Convention against Transnational Organized Crime and the Protocols Thereto - UNTOC , "Palermo Convention") is for international cooperation to cross-border organized crime to prevent effectively and combat.
In Annex II, the protocol on preventing, combating and punishing human trafficking, in particular trafficking in women and children , was also adopted. It claims to be the only generally applicable convention that covers not only sexual exploitation but also all other aspects of human trafficking such as labor exploitation, illegal organ removal, serfdom or practices similar to slavery. It pays special attention to women and children as the main victims of human trafficking. The acts explicitly named by the Additional Protocol are the recruitment, promotion, lodging and reception of people. Means of crime are threats or use of force, various forms of coercion (e.g. kidnapping ), fraudulent deception , fraud (Germany) , abuse of power, influence or pressure, exploiting a relationship of dependency and / or bribery of the perpetrator.
The Convention contains measures to prevent and combat trafficking in human beings, especially women and children, a comprehensive international approach in the countries of origin, transit and destination, measures to prevent this trafficking as well as to punish the traffickers and to protect the victims of this trafficking, namely by protecting their internationally recognized human rights .
As is peculiar to international law as soft law , however, it is merely a non-binding self-commitment of the signatory states.
Council of Europe
In keeping with the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) of 1950, the Council of Europe adopted the Convention on Action against Trafficking in Human Beings on May 16, 2005.
It improves the conditions for combating human trafficking, particularly in Europe. In addition to an approximation of the criminal offenses and efficient criminal prosecution, also across borders, it provides for special victim and witness protection. It creates the prerequisites for sustainable measures by the individual contracting states and for closer European cooperation on the basis of the definition and further development of the obligations of the contracting states, which were laid down in the additional protocol “human trafficking” to the Palermo Convention.
The Federal Republic of Germany approved the agreement by law of October 12, 2012. The convention entered into force in Germany on April 1, 2013.
The group of experts on action against trafficking in human beings ( GRETA ) monitors according to Art. 36 ff. The implementation of the Convention by the contracting parties. In June 2015 the report on the implementation of the convention by Germany for the first evaluation cycle was presented, in October 2015 for Austria and Switzerland.
The European Union has committed itself to preventing and combating trafficking in human beings as well as protecting the rights of victims in particular with the framework decision 002/629 / JHA of 19 July 2002 on combating trafficking in human beings and the EU plan on best practices, standards and procedures on Combating and Preventing Trafficking in Human Beings adopted in 2005.
The 2011 EU Human Trafficking Directive is the latest international legal document and provides for an integrated, holistic and human rights-based approach to combating human trafficking. The guideline was implemented in German law with the law to improve the fight against human trafficking and to amend the Federal Central Register Act and the Eighth Book of the Social Security Code of October 11, 2016 (MenHBVG), which came into force on October 15, 2016.
Annex II to the Palermo Convention defines “trafficking in human beings” in Art. 3 letter a as the recruitment, transport, transfer, lodging or reception of persons through the threat or use of force or other forms of coercion, through kidnapping, fraud, deception , Abuse of power or exploitation of particular helplessness or by granting or accepting payments or benefits to obtain the consent of a person who has power over another person for the purpose of exploitation. Exploitation includes at least the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or compulsory servitude, slavery or practices similar to slavery, serfdom or the removal of body organs.
This definition is followed by other international legal documents such as Article 4 of the Council of Europe Convention of 2005 or Article 2 of the EU Human Trafficking Directive of 2011.
Art. 5 Para. 3 of the EU Charter of Fundamental Rights (GrCH) prohibits human trafficking and distinguishes it from slavery and serfdom (Art. 5 Para. 1 GrCH) as well as forced or compulsory labor (Art. 5 Para. 2 GrCH).
Case law of the European Court of Human Rights
In 2010, the ECHR ruled by interpretation "in the light of today's conditions" that trafficking in human beings, as defined by the Palermo Protocol and the Council of Europe Convention, falls within the scope of Article 4 of the ECHR , although there is no explicit mention of human trafficking.
The lack of an explicit mention of human trafficking in the ECHR is not surprising, since it was inspired by the Universal Declaration of Human Rights of 1948, Article 4 of which prohibits "slavery and slave trade". Human trafficking as a global phenomenon has increased significantly since then. In assessing the scope of Article 4 ECHR, one should not lose sight of the special features of the ECHR as a treaty for the protection of human rights, nor the fact that it is a living instrument that must be interpreted in the light of current conditions.
The International Criminal Tribunal for the Former Yugoslavia had already found in 2002 that the traditional concept of slavery had developed to include various forms of slavery based on the exercise of those powers that come with the property rights typical of slavery over other people accompanied. In view of the spread of human trafficking itself as well as the measures taken to combat it, the ECHR considered it appropriate to examine the extent to which human trafficking as such contradicts the spirit and purpose of Article 4 ECHR and thus falls within the scope of this provision without being examined which of the three prohibited categories of slavery , serfdom or forced and compulsory labor is affected by the specific treatment in the present case.
Because of its exploitation-oriented goal, trafficking in human beings is based on the exercise of powers linked to property rights. He treats people as objects that are bought and sold and forced to work, mostly in the sex industry. It presupposes the close monitoring of the activities of the victims, whose freedom of movement is often restricted. It entails the use of force and threats against the victims who live and work in poor conditions. There can therefore be no doubt that human trafficking threatens the human dignity and fundamental freedoms of its victims and is incompatible with a democratic society and the values of the ECHR.
Human trafficking for the purpose of labor exploitation
When human trafficking for the purpose of labor exploitation is spoken of, it is meant that the plight of workers is massively exploited or they are forced to use their labor for nothing in return. Those affected are restricted in their freedom of action to such an extent that they can no longer freely dispose of their labor. They are not or not adequately paid and have to work under extremely poor conditions.
Under criminal law, the threshold to human trafficking for the purpose of labor exploitation is exceeded in Germany if people are brought or forced to take up and continue services and activities that are exploitative or slave-like by means of deception, coercion, threats or the use of force. Employment relationships are characterized, for example, by poor pay, long working hours, excessive placement fees and / or rent payments, dangerous working conditions and withholding wages.
Although the term suggests that those affected are traded between countries, this is not necessarily the case. The offense of human trafficking in Germany does not require the crossing of national borders. Human trafficking can be carried out at the expense of migrants , whose helplessness associated with their stay in Germany is being exploited, and at the expense of Germans, taking advantage of a personal or economic hardship. National origin is irrelevant for people under the age of 21.
The transition between unfavorable and poor working conditions, labor exploitation and human trafficking is often fluid and an assignment is difficult. Sometimes an initially “only” unfavorable employment relationship worsens in the course of time to such an extent that there is labor exploitation or even human trafficking.
Some industries appear to benefit more from labor exploitation and human trafficking for labor exploitation than others. According to current estimates, human trafficking is increasingly taking place in the following sectors: agriculture , care , private households (domestic help, cleaning staff , au pairs, etc.), gastronomy, etc.
Reasons why people can be affected by exploitative employment relationships and human trafficking are, for example: false promises about work and income opportunities, economic and / or legal distress, need for financial support for the family in the country of origin, alleged debts that have to be paid off, application violence, threats etc.
Most of the victims of trafficking for labor exploitation are in Asia, especially India. The most common form of human trafficking for labor exploitation in India is debt bondage , which is inherited over generations.
Trafficking in human beings for the purpose of sexual exploitation
In contrast to human trafficking for the purpose of labor exploitation, human trafficking for sexual exploitation has been a sensitive and often discussed topic in the media and society as well as in international institutions for many years. Women and girls in particular are affected by this form of exploitation.
According to the federal situation report on human trafficking by the Federal Criminal Police Office (BKA), those affected by human trafficking for the purpose of sexual exploitation are often induced to take up or continue prostitution through deception. Recruited through newspaper advertisements or model agencies, those affected are deceived about the type of job or the amount of earnings. In addition, it happens that those affected voluntarily decide to practice prostitution, but are then confronted with working conditions to which they have not previously agreed and which the perpetrators prevent them from changing or leaving. According to the BKA , only a small proportion of those affected are forced into prostitution through violence or threats . Due to high debts for immigration, obtaining passports, etc., foreign victims in particular are forced into a relationship of dependency and have to transfer a large part of their earnings to the perpetrators. In some cases, girls and young women are recruited using the so-called loverboy method . The perpetrators simulate a relationship with those affected in order to subsequently force them into prostitution and exploit them through emotional dependence.
According to the current Global Report by the United Nations Office on Drugs and Crime (UNODC) , human trafficking for sexual exploitation is the most widely identified form of human trafficking worldwide. According to the United Nations, 53% of the globally identified cases from 2010–2012 are related to sexual exploitation. However, experts estimate that human trafficking for the purpose of labor exploitation is far more common and is the most widespread form of human trafficking worldwide. According to the United Nations, this discrepancy is primarily due to the fact that there is greater awareness of sexual exploitation in society and among law enforcement agencies and that this form of exploitation is therefore more often prosecuted. Cases of forced prostitution and exploitation for the purpose of other sexual acts such as pornography or strip shows are also more visible than other forms of exploitation.
In Nigeria , especially in the southeast of the country, young women and girls are detained in places known as “baby factories” to give birth to children who are then sold to childless couples at home or abroad. Some are lured there by promises of work and accommodation, which is particularly easy for the perpetrators, given the stigma of illegitimate pregnancies and the ban on abortion. Some are raped to make them pregnant.
Other purposes of exploitation
In addition to human trafficking for the purpose of labor exploitation and sexual exploitation, other purposes such as exploitation for begging , exploitation in the commission of criminal acts or the illegal removal of organs are recorded internationally .
According to the EU Trafficking in Human Beings Directive “begging activities are to be understood as a form of forced labor or compulsory service within the meaning of Convention No. 29 of the International Labor Organization (ILO) of 1930 on forced or compulsory labor. Exploitation for begging activities, which includes the use of dependent victims of human trafficking as beggars, therefore only meets the definition of human trafficking if all the characteristics of forced labor or service are present. [...] The 'exploitation for criminal acts' should be understood as the exploitation of a person to commit, among other things, pickpocketing, shoplifting, drug trafficking and other similar acts that are punishable and serve to achieve a financial gain. "
Human trafficking for the purpose of organ removal means the exploitation of another person with deception, threat or use of force for the purpose of unlawful organ removal. This form of human trafficking also encompasses a broad spectrum of acts, but mainly occurs in three variants. On the one hand, there are those affected who voluntarily consent to the removal of organs, but who do not (or only partially) receive the agreed consideration at a later point in time. In other cases, organs are forcibly and forcibly removed from those affected without their consent, presumably during the Kosovo war in 1999. Finally, cases are also reported in which those affected are treated against an actual or alleged condition and the organs are unknowingly removed during treatment .
Human trafficking is one of the crimes against personal freedom .
Section 232 of the Criminal Code contains the earlier offense of trafficking in human beings, which is already realized with the first takeover of control over a person. Sections 232a of the Criminal Code ( forced prostitution ) and 232b of the Criminal Code ( forced labor ) penalize the subsequent action on the victim for the purpose of exploitation. Sections 233 and 233a of the Criminal Code criminalize the commercial exploitation of labor and the exploitation of deprivation of liberty. All offenses have in common that the acts are committed either with the use of coercion or cunning or by taking advantage of the victim's personal or economic predicament or his helplessness, which is associated with the stay in a foreign country for the victim.
Human trafficking (Section 232 StGB)
Human trafficking is characterized by the acts, (simple) means and purposes enumerated in Section 232 (1) StGB. Section 232 (2) of the Criminal Code concerns the specific manner in which the crime is carried out with more difficult means than the exploitation of a predicament or helplessness of the victim, for example through the use of force or kidnapping the victim. Section 232 (3) StGB covers aggravating circumstances such as the age of the victim under 18 years of age, the effects of the crime on the victim or the commercial and gang commission of the crime.
Section 232 Paragraphs 2 and 3 of the Criminal Code contain more severe penalties than Section 232 Paragraph 1 of the Criminal Code. The maximum penalty in Section 232 (2) and (3) StGB is 10 years compared to 5 years in Section 232 (1) StGB.
According to Section 232, Paragraph 1 of the Criminal Code, a sentence of between six months and five years is imprisonment for anyone who takes advantage of their personal or economic hardship or their helplessness associated with their stay in a foreign country, or who is recruits, promotes, passes on, houses or takes in another person under the age of twenty-one, if
1. This person is to be exploited
a) when performing prostitution or when performing sexual acts on or in front of the perpetrator or a third person or when tolerating sexual acts on himself by the perpetrator or a third person,
b) through exploitative employment (Section 232 (1) sentence 2 StGB),
c) in the exercise of begging or
d) when this person commits criminal offenses,
2. this person is to be held in slavery, serfdom, debt bondage or in relationships corresponding or similar to or
3. an organ is to be illegally removed from this person. "
Section 232 (1) of the Criminal Code, in accordance with the provisions of Union law, criminalizes behavior as trafficking in human beings that is used for the first time to exercise control over a person. This includes recruiting, transporting, passing on, sheltering or taking in people, taking advantage of a personal or economic hardship or helplessness associated with being in a foreign country. For the purpose of exploiting the victim, this must be done in one of the ways described in numbers 1 to 3 of Section 232 (1) StGB. The use of a specific crime or a special situation is not required if the person is under the age of 21. These people are viewed as particularly in need of protection per se, since, according to the legislature, they are viewed as significantly easier to manipulate due to at least reduced competence and social inferiority.
A predicament is a situation of not necessarily existence-threatening, but serious personal or economic distress of the victim, which leads to an urgent need for money or material. It is sufficient if the victim perceives his situation as such a predicament that restricts his free will. The perpetrator must take advantage of this weakness. This means that, according to him, the weak situation must at least make the success of his deed easier.
The exploitation of the victim is intended if the perpetrator is an unscrupulous, i.e. H. Intended without regard to the personal and economic interests of the victim and improper use of their services or activities. A long-term dependency relationship, on the other hand, is not necessary for exploitation as a whole.
The penalties for trafficking in human beings for sexual exploitation were already regulated in Section 232 of the Criminal Code (StGB) old version in Germany. The first new regulations came into force with the 37th Criminal Law Amendment Act on February 19, 2005 and pursued the aim of covering human trafficking in all its forms as far as possible and of the old, legally unsatisfactory state of Sections 180b, 181 StGB (old version) by simplifying and standardizing the To eliminate facts. In addition, the Palermo Protocol of the United Nations and the EU Framework Decision on Combating Trafficking in Human Beings of July 19, 2002 made a legislative change necessary.
Section 232 StGB a. F. made it a punishable offense "taking advantage of a predicament or the helplessness associated with being in a foreign country" to force another person to take up or continue prostitution or exploitative sexual acts (e.g. strip shows , pornography ) . There were also other criminal offenses such as § 233 StGB (human trafficking for the purpose of exploiting workers), § 233a StGB (promotion of human trafficking), StGB (exploitation of a prostitute) and (pimping) in cases of exploitation in prostitution to carry. In the case of victims under the age of 21, the act was punishable even without taking advantage of a predicament or helplessness.
An exploitative employment is according to. Section 232, Paragraph 1, Sentence 2 of the Criminal Code applies if the employment is based on reckless pursuit of profit on working conditions that are noticeably disproportionate to the working conditions of those employees who have the same or a comparable job.
Exercise of begging
- See also forced begging
Committing actions threatened with punishment
This includes, for example, when people are to be exploited for credit card fraud, for thefts in department stores or attacks on people when withdrawing money in front of EC machines or the exploitation of Romanian street children who are not yet of criminal age for pickpockets, fraud or break-ins.
Holding in slavery, servitude, or bondage
In addition to § 232 StGB, the law on the punishment of slave robbery and slave trade from 1895 (SklHG) according to GG continues as pre-constitutional law. Section 2 of the SklHG threatens the slave trade and intentional participation in the transport of slaves with a prison sentence of no less than one year. “Trading”, such as with narcotics or organs, is not required for Section 232 StGB, although human trafficking is characterized by the fact that it is a process based on the division of labor, from which those involved want to derive an economic advantage. In this respect, the independent criminality of the slave trade is quite important, but was not integrated into the Criminal Code with the 2016 reform.
Unlawful organ removal
Trafficking in human beings for the purpose of unlawful removal of organs was included in Section 232 (1) No. 3 of the Criminal Code in 2016. Regardless of this, the organ and tissue trade according to and TPG are punishable.
Forced prostitution and forced labor (Sections 232 a, 232b StGB)
Sections 232a of the Criminal Code ( forced prostitution ) and 232b of the Criminal Code ( forced labor ) penalize the action on the victim following human trafficking for the purpose of exploitation. This fact is expressed in the constituent element of “inducing” the respective offense, such as engaging in prostitution, begging or engaging in exploitative employment. In this respect, sections 232a and 232b of the Criminal Code presuppose the occurrence of a specific offense. With the instigation, a reprehensible influence of the free will are sanctioned by the perpetrator. All forms of psychological influence that influence the victim's resolution are recorded. The probably h. In a broad interpretation, M. allows any form of causation of the factual success to be sufficient. An "intensive and persistent influence on the victim, for example through pressure, persuasion, use of authority, intimidation or deception" demanded by parts of the literature would narrow the facts too much.
If the desired result of the crime does not occur, a criminal liability for attempt is possible (§§ 232a Abs. 2, 232b Abs. 2 StGB).
Exploitation of labor and exploitation taking advantage of deprivation of liberty (§§ 233, 233a StGB)
Since October 15, 2016, the exploitation of workers has been threatened with punishment inCriminal Code, which supplements the Anti-Illicit Work . The perpetrator must recognize the victim's situation, which gives rise to the restricted ability to oppose exploitation, and use it to his own advantage, e.g. exploitative employment according to Section 232 (1) sentence 2 (Section 233 (1) No. . 1 StGB). It is crucial that the victim is degraded to an object by the perpetrator's act. Only then is a punishment for the restriction of free will proportionate, e.g. B. with any not fully voluntary performance of sexual acts.
Trafficking in human beings for the purpose of labor exploitation had been a criminal offense under Section 233 of the Criminal Code since 2005; With the criminal law reform in 2016, human trafficking was regulated in Section 232 StGB, forced labor in Section 232b StGB and the exploitation of labor in Sections 233 and 233a StGB.
Numbers registered by the police in Germany
According to the “Federal Situation Report on Human Trafficking”, a total of 478 investigations into human trafficking for the purpose of labor and sexual exploitation were completed in 2013 . Of these, 425 were human trafficking for sexual exploitation and 53 were human trafficking for labor exploitation. The number of registered human trafficking cases and victims as well as the police procedures carried out in the individual federal states varies greatly. Even within a federal state, the numbers fluctuate from year to year. A study by the BKA names the reason for this. the changing control and investigation intensity of the police, which depends on the resources available and the focus on criminal policy. It is also noted that the fluctuations are due to the fact that criminal offenses are difficult to apply in reality. It should be noted that these figures only include those cases of human trafficking that are known to the police and in which investigative proceedings have been initiated and also concluded. Cases of human trafficking in which no contact was made with the police or in which no preliminary investigation was initiated are not recorded. Thus, the figures can only give a very limited statement about the extent of human trafficking in Germany. The suspected high dark field is not recorded.
On April 18, 2018, the largest raid in the history of the Federal Police against a human trafficking ring in the red light district was carried out and brothels, offices and apartments in twelve federal states were searched. A first trial took place in Baden-Baden at the beginning of 2019, and another from May 2019 in Hanau. The charges include the smuggling of foreigners in a commercial and gang fashion, exploitation, pimping and forced prostitution, but there are also white-collar crimes, such as tax evasion and unpaid social security contributions.
In the Federal Republic of Germany there are around 50 specialist counseling centers that offer those affected by human trafficking anonymously and free of charge advice, support and help. Most of the specialist advice centers operating in Germany are part of the nationwide coordination group against human trafficking. V. united. Its members include u. A. also migrant women projects, women's shelters , prostitute counseling centers and other organizations.
Even the Ban Ying e. V. in Berlin forms a coordination and specialist advice center against human trafficking, and it also offers a refuge for those affected. She campaigns for the rights of migrant women who have experienced violence, exploitation or human trafficking as well as for those around them.
With the EU victim protection directive of April 29, 2004 (2004/81 / EC of the Council), the introduction of a special residence permit under asylum law was agreed for victims of human trafficking, which enables cooperation with the responsible police, law enforcement and Requires judicial authorities to combat trafficking in human beings. In Germany, there has been residence for humanitarian reasons since 2008 for the purpose of giving evidence in criminal proceedings ( Residence Act ). The public prosecutor's office or the criminal court and the immigration authorities work together to make a decision ( subs. 6 AufenthG).subs. 4a of the
To implement the EU Human Trafficking Directive, the Code of Criminal Procedure (StPO) was amended with effect from October 15, 2016 . If the victim of trafficking in human beings reports this criminal act and if this results in an offense committed by the victim himself or herself, the public prosecutor's office can refrain from prosecuting the offense committed by the victim, unless an atonement is indispensable due to the gravity of the offense ( para . 2 StPO). This provision is primarily intended to benefit victims of human trafficking for exploitation when this person commits criminal offenses ( (1) No. 1 (d) StGB).
Federal-State working group
Since the 16th legislative period that is Federal Ministry of Labor and Social Affairs (BMAS) responsible in the federal government for the topics of corporate social responsibility ( Corporate Social Responsibility - CSR) and human trafficking for labor exploitation . The Federal-State Working Group on Trafficking in Women (BL-AG) has been part of the Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ) since 1997. This serves the interdisciplinary exchange and the joint development of strategies and recommendations for action. In addition to representatives of various ministries such as the BMFSFJ, the BMAS, the Federal Ministry of the Interior (BMI) and the Federal Ministry of Justice and Consumer Protection (BMJV) and the corresponding ministries of the federal states, the Federal Criminal Police Office (BKA) and the nationwide coordination group against trafficking in women and violence are also there to women in the migration process (KOK eV). A cooperation concept was developed in 1999 for cooperation between specialist advice centers and law enforcement authorities.
After ratifying the Palermo Protocol in autumn 2005, the Austrian federal government laid down its strategy for combating human trafficking in a first national action plan for the period 2007–2009. Due to its location in the center of Europe, Austria is affected by human trafficking as a transit and destination country, especially with regard to sexual exploitation, conditions similar to slavery among domestic workers and child trafficking. The Austrian approach to combating human trafficking encompasses national coordination, prevention, victim protection, criminal prosecution and international cooperation. The development of further national action plans and monitoring their implementation was one at the Austrian Ministry for European and International Affairs settled Task Force on Human Trafficking transfer (TF-MH), represented in all relevant ministries and government departments, the provinces, the social partners and specialized NGOs are. Its main task is to structure and intensify the common fight against human trafficking in Austria. For the years 2015–2017, the TF-MH has drawn up the fourth national action plan.
On August 1, 2013, Austria implemented the EU Human Trafficking Directive. With the Sexual Criminal Law Amendment Act 2013, among other things, the offense of human trafficking in Section 104a of the Criminal Code was expanded and the threat of punishment increased to up to 10 years.
Switzerland has ratified both the Additional Protocol to the Palermo Convention and the Council of Europe Convention on Action against Trafficking in Human Beings. The convention came into force in Switzerland on April 1, 2013. In particular, with the Witness Protection Act of December 23, 2011, Switzerland met all the conditions for accession to the Council of Europe Convention on January 1, 2013.
As early as 2001, an interdepartmental working group examined the legal, social, financial, police and health conditions to combat human trafficking in Switzerland.
In Switzerland, all forms of human trafficking have been punishable under Article 182 of the Criminal Code since December 1, 2006 . The former Art. 196 StGB only covered human trafficking for the purpose of sexual exploitation.
The private victim protection agency FIZ , in cooperation with the cantonal round tables against human trafficking, provides a comprehensive victim protection program for those affected by human trafficking.
According to official statistics, 3,000 people were trafficked every year in the People's Republic of China in 2009, around half of them children and half women. Kidnapped women, but also little girls, are sometimes bought by parents as bride for their son. Older children are sold as (child) labor to industrial companies and coal mines. Buying a child is not a criminal offense in China; only selling a child is penalized.
In April, the Chinese Ministry of Police announced a nine-month campaign against human trafficking. A missing child DNA database has been established and the length of time police investigate has been reduced from 24 hours to 7 hours in some provinces.
In India in 2011, nearly 100,000 boys and girls were reported missing within a year, and over a third of them were not found again.
Human trafficking in the public eye
Problems of dark field research and different definitions of human trafficking in different institutions make reliable statements about human trafficking difficult.
In Germany, there was speculation about the possible extent of human trafficking for sexual exploitation , particularly during the 2006 World Cup . In the media there was talk of “40,000 forced prostitutes” who would be expected at the 2006 World Cup in Germany. This figure is being questioned today and criticized as being incorrect.
In an international context, many organizations and institutions refer to the annual trafficking in person reports of the US government. Since 2000, the US Office to Monitor and Combat Trafficking in Persons (ONCTP ) has published its annual assessment of human trafficking and international efforts to combat it. It rates other states in four different categories , with Category 1 representing the greatest efforts to combat human trafficking. Although these reports are used from many sides and in the scientific discussion of human trafficking, the reporting is criticized as being interest-based and the comprehensibility is questioned.
Another problem with the presentation of human trafficking in the public and the media is the concentration on the problem of human trafficking for sexual exploitation. The one-sided reporting and focus on sexual exploitation gives the public the impression that this form of human trafficking is more widespread than others Forms of exploitation. In contrast, trafficking in human beings for labor exploitation is less present in the public and media discussion, although the number of those affected is likely to be much higher.
There are also certain stereotypes in the public debate that only women are affected by human trafficking for sexual exploitation and only men are affected by human trafficking for labor exploitation. In fact, women are just as often affected by labor exploitation, especially in the household and care sectors, but also in agriculture , gastronomy and in the hotel and cleaning trades . Men and transsexuals can also be affected by human trafficking for sexual exploitation.
Equating legal prostitution and human trafficking with sexual exploitation is also problematic . While some institutions view all prostitution as involuntary and forced, associations of sex workers in particular argue against stigmatizing all prostitutes as “forced prostitutes” and for recognition as self-determined workers.
- Irene Stratenwerth , Esther Sabelus, Simone Blaschka-Eick, Hermann Simon (eds.): The Yellow Note: Girls trafficking 1860 to 1930. German Emigration Center, Bremerhaven 2012. ISBN 978-3-00-038801-9 . Review by Michael Wuliger : "The yellow note" From the shtetl to the brothel, an exhibition on prostitution and trafficking in girls from 1860 to 1930. In: Jüdische Allgemeine . August 16, 2012
- Christian Pfuhl: Human trafficking for the purpose of sexual exploitation with special consideration of international principles. Peter Lang Verlag Frankfurt am Main, 2012. ISBN 978-3-631-62558-3 (also dissertation at the University of Konstanz 2012).
- Philipp Thiée (Ed.): Human trafficking - how the sex market is regulated by criminal law . Association of Berlin Criminal Defense Lawyers, Berlin 2008. ISBN 978-3-9812213-0-5
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