Directive 2011/36 / EU (Human Trafficking Directive)
 Directive 2011/36 / EU |
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|---|---|
| Title: | Directive 2011/36 / EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Framework Decision 2002/629 / JHA of the Council |
| Designation: (not official) |
Trafficking Policy |
| Scope: | EU |
| Basis: | TFEU , in particular Articles 82 (2) and 83 (1) |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
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To be implemented in national law by: |
April 6, 2013 |
| Reference: | OJ L 101 of April 15, 2011, pp. 1-11 |
| Full text |
Consolidated version (not official) basic version |
| The regulation must have been implemented in national law. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Directive 2011/36 / EU of the European Parliament and of 5 April 2011 on preventing and combating Council trafficking and protecting its victims, and replacing Council Framework Decision 2002/629 / JHA, including human trafficking directive called, lays down minimum rules for the prevention and fight against human trafficking. The guideline also aims in particular at facilitating trials against perpetrators and safeguarding the rights of victims of human trafficking.
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Compared to the previous resolution of 2002, this directive broadens the definition of trafficking in human beings while at the same time providing for more severe penalties.
Article 1 defines the subject matter of the Directive and Article 2 defines the offenses covered by this Directive. In particular, this includes the exploitation of minors (under 18 years of age) and a variety of means that are used to exploit people. According to Article 2 (3) "at least the exploitation of prostitution by others or other forms of sexual exploitation , forced labor or compulsory services, including begging , slavery or practices similar to slavery, serfdom or the exploitation of criminal acts or the removal of organs are considered exploitation . Article 3 specifies that inciting , aiding and abetting , and attempting to be punishable.
Articles 4 to 10 relate to penalties, legal persons, investigation and jurisdiction. Article 4 lays down, among other things, a maximum sentence of at least five years for crimes under Article 2, or in special cases of at least ten years imprisonment. According to Article 4 (4), criminal offenses under Article 3 must be threatened with effective, proportionate and dissuasive penalties, which may also involve surrender. Article 9 regulates the investigation and prosecution; in particular, according to Article 9 (4), the member states have to ensure that effective investigative instruments, such as those used in the fight against organized crime or in cases of serious crime, are also available to combat human trafficking.
Articles 11 to 17 stipulate measures to support, care for and protect victims , especially children, as well as victim compensation .
Articles 18 to 25 regulate and a. Measures of prevention, reporting, coordination as well as implementation and entry into force.
implementation
In November 2012, the German Institute for Human Rights commented on the need to implement the directive and emphasized that it sees a need for changes in national law beyond the area of criminal law norms. This view is in contrast to the draft bill of the Federal Ministry of Justice (BMJ).
According to a report by the EU Commission, by April 2013, when the directive should have been transposed into national law, only five of the 27 member states had fully implemented the directive.
In Germany, the guideline was implemented 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.
Web links
- Directive 2011/36 / EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims as well as replacing framework decision 2002/629 / JHA of the Council (PDF) at EUR-lex
- Carolin Rama: New developments to combat human trafficking at the level of the European Union - Directive 2011/36 / EU of April 5, 2011 December 2013
- European Commission : Report from the Commission to the European Parliament and the Council on the impact of existing national legislation criminalizing the use of services that are the subject of exploitation through trafficking on the prevention of trafficking in human beings (Article 23 (1)) 2 of Directive 2011/36 / EU) . Brussels, 2 December 2016, COM (2016) 719 final
Individual evidence
- ^ Opinion: Implementation of the EU Human Trafficking Directive. (PDF; 199 kB) Institute for Human Rights, accessed on April 13, 2013 .
- ↑ EU criticizes Germany for human trafficking. Welt online, accessed April 13, 2013 .
- ↑ BGBl. I 2016, p. 2226
- ↑ Sebastian Bürger: The new regulation of human trafficking. Implementation of Union law requirements and creation of a coherent overall concept? ZIS 2017, pp. 169–181
