The EU’s 2011 Anti-Trafficking Directive1 has been instrumental in preventing and addressing human trafficking across Europe. Following an evaluation, the European Commission proposed on December 19, 2022, a strengthening of these regulations, aiming to equip law enforcement and judicial bodies with enhanced tools to investigate and prosecute emerging forms of exploitation.
The Commission’s proposal includes, among others, classifying forced marriage and illegal adoption as criminal forms of exploitation. Additionally, the EU Commission seeks to address demand by criminalizing the “intentional use of ‘services’” provided by trafficking victims.2 If these amendments are approved by the European Parliament and the European Council, all member states will be required to adhere to the updated directive.3
Coordinated action and a unified approach to human trafficking across EU countries are essential, given its largely transnational nature, though it also occurs within national borders. As highlighted by the Platform Against Human Trafficking4 in a recent debate article5, current inconsistencies in national laws regarding issues like sex purchase and pimping pose challenges; traffickers exploit these legal gaps by shifting operations to “low-risk” countries. This, as the Platform notes, displaces trafficking rather than combating it, leaving women’s vulnerability unchanged. The EU’s 2011 directive and the recent proposed amendments are positive steps, but it’s equally important to establish a shared perspective on prostitution, as human trafficking for sexual exploitation and prostitution are closely linked. According to EU data, sexual exploitation accounted for 56% of trafficking cases in 20216, with women primarily exploited in brothels. Additionally, the EU notes that many who “purchase sexual services” from foreign women—who are overrepresented in prostitution—are likely buying from trafficking victims. Nonetheless, prostitution remains legal in 21 of the 27 EU countries (78%), with 15 of them (56%) permitting unregulated prostitution.7
RealStars works with one of the EU’s core anti-trafficking strategy areas8: targeting demand. Demand fuels the existence of human trafficking and prostitution, as without it, there would be no “market.” The proposed amendments to the directive currently under negotiation suggest a strengthened focus on reducing demand, including a proposal to criminalize knowingly using services provided by trafficking victims. However, this alone is insufficient to halt organized sexual exploitation. A “sex buyer” can easily argue that he believed the woman was willingly involved based on cues like positive body language or enthusiastic statements about enjoying her “job.” Such behaviors—where women’s bodies are commercialized as commodities—often stem from vulnerability, trauma, and manipulation, making it nearly impossible to determine if someone is providing “sexual services” willingly or under duress. As the Platform notes, traffickers’ “business model” depends on presenting women as “volunteers,” which complicates prosecution by making it challenging to prove that a buyer knew the woman was trafficked. Thus, even if the new proposal passes, it is unlikely to lead to more convictions of men exploiting vulnerable women through paid sexual encounters.
RealStars advocates for more countries to adopt the Nordic model on prostitution, which criminalizes the purchase of sex and penalizes those who exploit individuals in prostitution. The EU needs to implement sex-buying laws to curb organized sexual exploitation, alongside exit programs. It’s vital not to criminalize individuals in prostitution, so they can receive protection and support to escape exploitation, as they are often extremely vulnerable. The Nordic model recognizes prostitution as a form of violence against women, a stance reflected in Sweden’s equality policy9, which identifies violence against women as encompassing “prostitution, human trafficking for sexual purposes, and sexual exploitation of children.” Currently, eight countries—Sweden, Norway, Iceland, Northern Ireland, Canada, France, Ireland, and Israel—have adopted the Nordic model, but wider adoption is needed.
Sources
2 Trafficking in human beings: Commission proposes stronger rules to fight the evolving crime
3 Brussels unveils new measures to crack down on human trafficking in EU
4 Plattformen mot människohandel
5 Debatt: Svenska EU-politiker har ett ansvar för minskad människohandel