Forced marriage, illegal adoption and the exploitation of surrogacy are now defined as new forms of trafficking in human beings, while the commission of an offence of trafficking in human beings through technologies, information and communications will be considered as an aggravating factor.
This is provided for by a bill of the Ministry of Justice and Public Order which transposes the provisions of Directive EU 2024/1712 of the European Parliament and of the Council of 13 June 2024 and concerns the prevention and combating of trafficking in human beings and the protection of its victims.
In addition to trafficking in persons for sexual exploitation or exploitation at work, forced marriage for various purposes, illegal adoption and even forced surrogacy will now be considered a form of trafficking. The bill, which has already been put to consultation, provides for additional sanctions for legal entities considered responsible for trafficking offenses, includes an improvement in the mechanism for referring victims to shelters and provides for an obligation for the competent authorities to strengthen prevention and training of professionals. At the same time, it provides for an obligation to draw up a National Action Plan by 2028, as well as an obligation to collect data and statistics and submit them to the European Commission every year.
As provided for in the bill, the Social Welfare Services and the Services involved take all appropriate measures, within the framework of their responsibilities, to assist and support children who are victims, in the short and long term, in the context of their physical and psychosocial rehabilitation, are established after an individualized assessment of the specific circumstances of each child victim, due to their point of view, their needs and concerns with a view to finding appropriate solutions for the child, including programmes to support their transition to independence and adulthood in order to avoid human trafficking.
The National Coordinator, in collaboration with other Services involved:
(a) Ensure that the services involved take the necessary measures, such as education and training, to discourage and reduce demand that favours all forms of exploitation linked to trafficking in human beings.
(b) Take appropriate gender-sensitive and child-friendly actions, including through the internet, such as information and awareness-raising campaigns, research and education programmes, including the promotion of digital literacy, where appropriate in cooperation with relevant civil society organisations and other stakeholders, with the aim of raising public awareness and limiting the risk to individuals, especially children, of falling victim to trafficking in human beings.
(c) Promote regular training of officers who may come into contact with victims and potential victims of trafficking in human beings, including police officers working on the front line, in order to enable them to identify and take care of victims and potential victims of trafficking in human beings.
Action Plan until 2028
An important provision concerns the establishment of a national action plan by 15/7/2028, which is approved by the Council of Ministers, evaluated and revised by the Multidisciplinary Coordination Group at regular intervals, at least every five years.
The National Action Plan and any update are published in the Official Gazette of the Republic and notified to the European Commission within three months of its adoption. The National Action Plan to tackle trafficking and exploitation of persons may include the following elements:
>> Objectives, priorities and measures to tackle trafficking in human beings for all forms of exploitation, including specific measures for child victims.
>> Preventive measures, such as education, awareness campaigns and training, and preventive measures in the context of emergency response to the risks of trafficking in human beings caused by humanitarian crises.
>> Measures to strengthen the fight against trafficking in human beings, such as improving investigations and prosecutions of trafficking in human beings and improving cross-border cooperation.
>> Measures to enhance the early identification of victims of trafficking in human beings and the timely provision of assistance, support and protection to them.
>> Procedures for regular monitoring and evaluation of the implementation of the National Action Plans to combat trafficking in human beings.
Concession of necessary resources by the State
Particular reference is also made to the State, which is obliged to provide the necessary resources to: (a) The Services involved, (b) the Judges and officers of the Courts, as well as the lawyers, in the matters regulated by this Law for the regular education and training of their officers, who are involved in any procedure provided for by this Law or come into contact in any other way with the victims or potential victims, with a particular focus on the needs of particularly vulnerable victims. This training is based on human rights, focuses on victims and takes into account the dimensions of gender, disability and the child.
