Abstract
This chapter reflects upon the geographical region of Europe and the various legal frameworks that have been implemented regionally under the European Union (EU) and Council of Europe (CoE). Through charting the evolution of trafficking instruments adopted prior to focusing upon the UK and its ‘world leading’ Modern Slavery Act (The phrase “world leading” is used to illustrate the authors discontent with the adoption of the Modern Slavery Act in the UK which for years has been heralded as world leading and to quote the former Prime Minister Theresa May a tool to ‘eradicate the scourge of modern slavery’. The hypocritical position of the UK government with its efforts to save modern slaves with one hand whilst enforcing restrictive punitive immigration policies have been officially unmasked in October 2022. With the announcement that modern slavery has been reclassified as an illegal immigration and asylum issue. This is evidenced through the updated ministerial profiles in October 2022 and report by the Guardian, Home Office reclassifies modern slavery as illegal immigration issue | Slavery | The Guardian [https://www.theguardian.com/world/2022/oct/13/home-office-reclassifies-modern-slavery-as-immigration-issue]. Accessed October 2022) (2015). The chapter will focus upon a case (V.C.L. and A.N. v. the United Kingdom) that reached the European Court of Human Rights in 2021, concerning two Vietnamese adolescents who had been trafficked to the UK for the purpose of illicit criminal activities. This case serves as an illustration of the hypocrisy of modern slavery in the UK and how ideals of innocence, criminality, and trafficking play out in relation to the ideals of the “trafficked child.”
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Notes
- 1.
See further the OCSE Action Plan to Combat Trafficking in Human Beings (with the 2013 Addendum); 2005 Adenedum Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance; 2015 Commentary to the OCSE Action Plan to Combat Trafficking in Human Beings and its addendums. In 2003 the post of the OCSE Special Representative and Co-Ordinator for Combatting Trafficking in Human Beings was established. Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (CTHB) | OSCE (https://www.osce.org/cthb). Accessed July 2022; the 22nd Conference of the Alliance against Trafficking in Persons, organized by the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, 4 April 2022, Vienna, Austria.
- 2.
See further the Task Force against Trafficking in Human Beings; and Expert Group on Children at Risk, Guidelines Promoting the Human Rights and the Best Interests of the Child in Transnational Child Protection Cases (2015).
- 3.
Report from the Commission to the European Parliament and the Council: Report on the progress made in the fight against trafficking in human beings (2016) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims at 5.
- 4.
See further, EU proposes new rules to fight trafficking in human beings (https://home-affairs.ec.europa.eu/news/eu-proposes-new-rules-fight-trafficking-human-beings-2022-12-18_en). Accessed 3 December 2023 EU Action such as ‘A modern form of slavery’ EU Anti-Trafficking Commissioner, 2010; the creation of the ‘EU Anti Trafficking Day’ an annual event on 18 October. The awareness campaign was established by the Council of Europe and aims to raise public awareness of the global problem of human trafficking, in addition to emphasising the right of all human trafficking victims to justice and compensation.
- 5.
The Council of Europe and European Union are two distinct organisations, with their own set goals and objectives. The EU is made up of three main EU Institutions (EUI) namely the European Parliament which represents EU citizens and is directly elected by them, the Council of the European Union, which is one of the EU’s co-legislators and arguably its most powerful institution which represents the individual Member States and finally the European Commission which seeks to uphold the interests of the Union as a whole. See further, Glossary: European Union institutions (EUI)—Statistics Explained (https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Glossary:European_Union_institutions_(EUI)#:~:text=The%20European%20Union%20institutions%2C%20sometimes%20abbreviated%20as%20EUI%2C,European%20Union%2C%20which%20represents%20the%20individual%20Member%20States%3B). Accessed July 2022.
The Council of Europe (CoE) Founded in 1949 by the Treaty of London and based in Strasbourg, France, the Council of Europe is the continent’s leading human rights organisation. It has 47 Member States, 28 of which are members of the European Union. All Council of Europe Member States have signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy, and the rule of law. The CoE is composed of The Committee of Ministers, which is the CoE’s decision-making body, the Parliamentary Assembly of the Council of Europe (PACE), the Congress of Local and Regional Authorities, the Commissioner for Human Rights and the European Court of Human Rights (ECHR) which was established in 1959. It rules on individual or state applications alleging violations of the rights set out in the European Convention on Human Rights. See further, The Council of Europe and its various bodies—Europe in Strasbourg and Alsace (https://www.europeinstrasbourg.eu/en/institutions/council-europe.html). Accessed July 2022.
- 6.
This is not the case, although it may differ in some monist countries REFERENCES.
- 7.
It is important to distinguish between the European Parliament of the EU and PACE, the CoE Parliamentary Assembly that has adopted numerous resolutions about trafficking in persons.
- 8.
Directive 2911/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combatting trafficking in human beings and protecting victims, and replacing Council Framework Decision 2002/629/JHA, [2011] OJ L 101/1.
- 9.
As enshrined by the UDHR, Art 4 of the ECHR.
- 10.
Such as the establishment of a Group of Experts on trafficking in women identified key elements of action containing criminal justice response and measures to protect and support victims.
- 11.
CofE Recommendation No. R (91) on sexual exploitation, pornography and prostitution and trafficking in children and young adults. Also, the establishment of a Group of Experts on trafficking in women identified key elements of action containing criminal justice response and measures to protect and support victims.
- 12.
Council of Europe, Committee of Ministers, Recommendation No. R (2000) 11 of the Committee of Ministers to Member States on action against trafficking in human beings for the purpose of sexual exploitation, adopted on 19 May 2000. https://wcd.coe.int/ViewDoc.jsp?id=355371. Accessed April 2018.
- 13.
Council of Europe, Committee of Ministers, Recommendation No. R (2001) 16 of the Committee of Ministers to Member States on the protection of children against sexual exploitation, adopted on 31 October 2001. https://wcd.coe.int/ViewDoc.jsp?id=234247. Accessed July 2015.
- 14.
The Council of Europe Convention on Action against Trafficking in Human Beings [CETS No. 197] was adopted by the Committee of Ministers on 3 May 2005 and opened for signature in Warsaw on 16 May 2005, on the occasion of the 3rd Summit of Heads of State and Government of the Council of Europe Member States. And entered into force on 01/02/2008—10 ratifications including 8-Member States. Currently 48 ratifications, Full list (https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=197). Accessed October 2022.
- 15.
Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), Full list (https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=197). Accessed October 2022.
- 16.
Summary, Full list (https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=197). Accessed October 2022.
- 17.
Home (https://www.coe.int/en/web/anti-human-trafficking). Accessed July 2022.
- 18.
Council of Europe Convention on Action against Trafficking in Human Beings, Explanatory Report CETS No. 197 at 1.
- 19.
See further Prabha Kotiswaran, ‘Beyond Sexual Humanitarianism: A Postcolonial Approach to Anti-Trafficking Law’ (2014) 4 UC Irvine Law Review 353.
- 20.
The total number of ratifications/accessions 48 ratifications in total With Belarus’s ratification on 26/11/2013, and subsequent entry into force 1/03/2014 being the only non-member of the Council of Europe, http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=197&CM=&DF=&CL=ENG. Accessed October 2022.
- 21.
Article 4—Definitions For the purposes of this Convention: a “Trafficking in human beings” shall mean the recruitment, transportation, transfer, harbouring, or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs; b The consent of a victim of “trafficking in human beings” to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; c The recruitment, transportation, transfer, harbouring, or receipt of a child for the purpose of exploitation shall be considered “trafficking in human beings” even if this does not involve any of the means set forth in subparagraph (a) of this article; d “Child” shall mean any person under eighteen years of age; e “Victim” shall mean any natural person who is subject to trafficking in human beings as defined in this article.
- 22.
Article 2—This Convention shall apply to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime.
- 23.
Article 2—This Convention shall apply to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime, http://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008371d. Accessed February 2017.
- 24.
N HCHR: Council of Europe Statement, 118.
- 25.
As highlighted by Gallagher, The International Law of Human Trafficking, 118, for example AI/ASI November 2004 Submission, at 5–6, 436.
- 26.
See further the analysis contained in UNICEF/UNHCR/Save the Children/World Vision, A Better Way to Protect All Children: The Theory and Practice of Child Protection Systems (Conference Report, UNICEF, 2013).
- 27.
See further the initiative by the European Commission to establish quality criteria for such systems, as included in the Reflection paper “Coordination and Cooperation in Integrated Child Protection Systems”, presented at the 9th European Forum on the Rights of the Child in June 2 2015.
- 28.
See further, ODIHR National Referral Mechanisms Handbook, 2nd Edition | OSCE (https://www.osce.org/odihr/510551). Accessed October 2022.
- 29.
The approaches of IPEC and the ILO have changed over time, with the operational definition asserting that ‘trafficking in children is about taking children out of their protective environment and preying on their vulnerability for the purpose of exploitation’. See further, Trafficking in children (IPEC) (https://www.ilo.org/ipec/areas/Traffickingofchildren/lang--en/index.htm). Accessed October 2022.
- 30.
See further immigration in the UK, USA, and Australia.
- 31.
Articles 10–16.
- 32.
CoE/GRETA, 5th General Report on GRETA’s Activities (2016) 36–39.
- 33.
CoE/GRETA, 4th General Report on GRETA’s Activities (2015) 33 and 54–55; Fourth further guidance on the application of this principle, also to children, see the OCSE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Policy, and Legislative Recommendations Towards the Effectove Implementation of the Non-punishment Provision with Regard to Victims of Trafficking (2013).
- 34.
The predecessor of the EU was created in the aftermath of the Second World War. The first steps were to foster economic cooperation: the idea being that countries that trade with one another become economically interdependent and so more likely to avoid conflict. The result was the European Economic Community (EEC), created in 1958, and initially increasing economic cooperation between six countries: Belgium, Germany, France, Italy, Luxembourg, and the Netherlands. The European Union is a unique economic and political union between 27 EU countries (https://europa.eu/european-union/about-eu/countries/member-countries_en) that together cover much of the continent. On 31 January 2020 the UK left the EU, https://europa.eu/european-union/about-eu/eu-in-brief_en#from-economic-to-political-union. Accessed August 2021.
- 35.
Joint Action of 24 February 1997 concerning action to combat trafficking in human beings and sexual exploitation of children (97/154/JHA), OJ L 063/2, 4 March 1997 (Joint Action on Trafficking).
- 36.
Treaty on European Union.
- 37.
Charter on Fundamental Rights of the European Union, 2007 Soft law instrument with primarily declaratory function, the charter has transformed from rhetoric ethos into articulated and powerful legal bulwark of common constitutional values of Member States to which the EU, ECJ, and national courts call on.
- 38.
Joint Action of 24/02/97 concerning action to combat trafficking in human beings and sexual exploitation of children.
- 39.
Also, developed a Joint Action on short-term residency permits for victims of.
- 40.
Directives and Framework Decisions do not enjoy direct applicability and therefore must be transported into domestic law. However, they may under certain conditions be capable of direct effect even if they are not so transposed. Article 10 (1) required all EU Member States to have transposed the provisions of the framework decision into domestic legislation by September 2004.
- 41.
Prior to the Treaty of Lisbon entering into force, a proposal for a replacement to the Framework Decision aimed at strengthening the provisions of its predecessor instrument was being formulated. Treaty of Lisbon abolished the decision-making system used to produce framework decisions.
- 42.
“EU urges Higher Priority on Trafficking in Women and Children” Europa Press Release, IP/01/325, 07/03/2001, http://europa.eu/rapid/press-release_IP-01-325_en.htm. Accessed April 2017.
- 43.
Articles 1–5 of the Framework Decision.
- 44.
Article 1 (4).
- 45.
Article 7 (2) Framework Decision 2002.
- 46.
Article 7 (3) Framework Decision 2002.
- 47.
Commission of the European Communities, Proposal for a Framework Decision on preventing and combatting trafficking in human beings and protecting victims.
- 48.
Commission of the European Communities, Proposal for a Framework Decision on combatting the sexual abuse, sexual exploitation of children, and child pornography.
- 49.
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 Council Framework Decision 2002/629/JHA (OJ L 101, 1 15.4.2011).
- 50.
21 March 2011, Human trafficking: Commission welcomes Council adoption of stronger EU rules Press Release IP/11/332, http://europa.eu/rapid/press-release_IP-11-332_en.htm. Accessed April 2018.
- 51.
Preamble to the Directive 2011/36/EU at paragraph 8, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF. Accessed June 2017.
- 52.
Article 1 (3) “Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs”. A definition which is word for word of the definition provided through the Trafficking Protocol.
- 53.
Preamble Directive 2011/36/EU on preventing and combatting trafficking in human beings and protecting its victims.
- 54.
See further Joint UN Commentary on the EU Directive—A Human Rights-Based Approach, issued in 2011 by UNODC, OHCHR, UNHCR, UNICEF, ILO, and UN Women.
- 55.
An interesting point has been made about forced marriage as a form of slavery, as forced motherhood is frequently a consequence of forced marriages and of life generally, and women should have the right to choose whether to terminate a pregnancy, here, in the UK for example women within Northern Ireland are not given that choice and are essentially being forced into motherhood by the Government. It should be noted that during the drafting of this monograph, the legal position of access to abortion in NI has since changed. Although not advocating that forced motherhood should be classified as a form of slavery, fi the parameters are going to be pushed to incorporate forced marriage then should a similar approach be adopted to forced motherhood? Media coverage of this issue has been minimal but this article is indicative of the issue, https://www.theguardian.com/world/2015/oct/31/abortion-ireland-northern-ireland-women-travel-england-amelia-gentleman. Accessed June 2017.
- 56.
Preamble Directive 2011/36/EU on preventing and combatting trafficking in human beings and protecting its victims, § 11.
- 57.
Directive 2004/81/EC of 29 April 2004.
- 58.
Note—Framework Decision only dealt with children in Article 7.
- 59.
The imp[ortance of guardianship was emphasised through the Creating Stable Futures: Human trafficking, participation and outcomes for children | ECPAT UK (https://www.ecpat.org.uk/creating-stable-futures-human-trafficking-participation-and-outcomes-for-children) (2022).
- 60.
See further, Factsheet: Section 67 of the Immigration Act 2016 (‘Dubs amendment’)—GOV.UK (https://www.gov.uk/government/publications/policy-statement-section-67-of-the-immigration-act-2016/factsheet-section-67-of-the-immigration-act-2016). Accessed October 2022: C. McLaughlin (2018). ‘“They don’t look like children”: child asylum-seekers, the Dubs amendment and the politics of childhood,’ Journal of Ethnic and Migration Studies, [Online] 44 (11), 1757–1773.
- 61.
Article 7.
- 62.
Article 13 (2).
- 63.
See further on the failure of the OPSC to establish a ‘Victim Fund’ from the proceeds of exploitation as identified in Akthar & Nymamutata International Child Law (2020).
- 64.
Report from The Commission to The European Parliament and The Council Report on the progress made in the fight against trafficking in human beings (2016) {SWD (2016) 159 final}.
- 65.
The idea of National Special Rapporteurs and an Anti-Trafficking Commissioner at the EU level has led Cullen to suggest that this network of rapporteurs could be important in linking the EU’s system with that of the CoE Convention, which establishes an expert committee to monitor implementation, as well as UN which has a Special Rapporteur on trafficking in persons especially women and children.
- 66.
They are elected by the Committee of the Parties for a term of office of four years, renewable once. See further, Resolution CM/Res(2013)28 on rules on the election procedure of the members of the Group of Experts on Action against Trafficking in Human Beings (GRETA) (https://wcd.coe.int/ViewDoc.jsp?id=2119269&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383) (adopted by the Committee of Ministers of the Council of Europe on 24 October 2013).
- 67.
See further, EU Anti-Trafficking Coordinator (https://home-affairs.ec.europa.eu/policies/internal-security/organised-crime-and-human-trafficking/together-against-trafficking-human-beings/eu-anti-trafficking-coordinator_en). Accessed October 2022.
- 68.
See further, files_en (https://home-affairs.ec.europa.eu/system/files_en?file=2021-04/14042021_eu_strategy_on_combatting_trafficking_in_human_beings_2021-2025_com-2021-171-1_en.pdf). Accessed October 2022.
- 69.
From the Commission to the European Parliament and Council.
- 70.
With regard to child prostitution, the Child Sexual Abuse Directive also indirectly helps the fight against child trafficking by obliging Member States to ensure that the act of engaging in sexual activity with a child where recourse is made to prostitution is criminalised and subject to a minimum level of imprisonment penalties.
- 71.
See further, Guidelines on the Promotion and Protection of the Rights of the Child | EEAS Website (https://www.eeas.europa.eu/node/45976_en). Accessed July 2022.
- 72.
Article 19 European Convention on Human Rights.
- 73.
https://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=. Accessed June 2021.
- 74.
See further, https://ec.europa.eu/anti-trafficking/legislation-and-case-law-case-law/rantsev-v-cyprus-and-russia-application-no-2596504_en. Accessed July 2021.
- 75.
See further, https://ec.europa.eu/anti-trafficking/node/4557. Accessed July 2021.
- 76.
Rantsev, para 285.
- 77.
Rantsev, para 293.
- 78.
With different instruments implemented in each, namely the Human Trafficking and Exploitation Act (Scotland) 2015, https://www.legislation.gov.uk/asp/2015/12/contents. Accessed October 2022; Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, https://www.legislation.gov.uk/nia/2015/2/contents. Accessed October 2022.
- 79.
Some actions included the establishment of the Human Trafficking Centre in 2007, later subsumed into an All-Parliamentary Group on Human Trafficking in 2015. With the UK Government announcing anti-slavery day to be celebrated annually on 18 October 2010.
- 80.
County lines is a form of criminal exploitation where urban gangs persuade, coerce, or force children and young people to store drugs and money and/or transport them to suburban areas, market towns, and coastal towns (Home Office, 2018).
- 81.
Royal assent received 26/03/2015. Entered into Force 29/10/2015.
- 82.
See further A. Kidd, E.A. Faulkner and L. Arocha, How UK asylum system creates perfect conditions for modern slavery and exploitation to thrive, The Conversation, 2019, https://theconversation.com/how-uk-asylum-system-creates-perfect-conditions-for-modern-slavery-and-exploitation-to-thrive-113778. Accessed August 2021.
- 83.
Home Office, Modern Slavery Strategy.
- 84.
Home Office Policy Paper Human trafficking: Inter-departmental ministerial group report, 2013. https://www.gov.uk/government/publications/human-trafficking-inter-departmental-ministerial-group-report-2013.
- 85.
Modern slavery marketing campaign evaluation report, July 2015, 4, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/451964/150806_Modern_Slavery_Evaluation_for_publication_FINAL.pdf. Accessed June 2017 See further The current Home Secretary, Amber Rudd, pledged £11 million for groups fighting modern slavery. Home Office Announcement, 27/10/2016, https://www.gov.uk/government/news/home-secretary-pledges-11-million-for-groups-fighting-modern-slavery. Accessed April 2018.
- 86.
Dina Haynes, The wastefulness of human trafficking awareness campaigns, The wastefulness of human trafficking awareness campaigns | openDemocracy (https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/wastefulness-of-human-trafficking-awareness-campaigns/). Accessed December 2022. See further E. Shih, ‘The fantasy of spotting human trafficking: Training spectacles in racist surveillance’, Wagadu 22 (2021), 105–137. E. Shih & J. Quirk, Introduction: Do the hidden costs outweigh the practical benefits of human trafficking awareness campaigns? Available from: https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/introduction-do-hidden-costs-outweigh-practical-benefits-of-huma/.
- 87.
NCA, National Strategic Assessment of Serious and Organised Crime 2016, http://www.nationalcrimeagency.gov.uk/publications/731-national-strategic-assessment-of-serious-and-organised-crime-2016/file. Accessed July 2017.
- 88.
Modern Slavery Human Trafficking Unit (MSHTU), http://www.nationalcrimeagency.gov.uk/about-us/what-we-do/specialist-capabilities/uk-human-trafficking-centre. Accessed July 2017.
- 89.
Organisations such as Anti-Slavery International founded in 1839, through AHRC projects based in the UK such as ‘Antislavery Usable Past’, www.usablepast.ac.uk. Accessed March 2017, to politicians such as Theresa May, Fiona Bruce and Frank Field.
- 90.
The current Home Secretary Amber Rudd pledged £11 million for groups fighting modern slavery. Home Office Announcement, 27/10/2016, https://www.gov.uk/government/news/home-secretary-pledges-11-million-for-groups-fighting-modern-slavery. Accessed March 2017.
More recently the government announced a fund of £40 million to tackle child sexual abuse and child trafficking, with £2.2million specifically for organisations working to protect children at risk of trafficking. Home Office Announcement, 16/02/17, https://www.gov.uk/government/news/government-delivers-40-million-to-tackle-child-sexual-abuse-and-child-trafficking. Accessed March 2017.
- 91.
Theresa May, The Telegraph, 24/11/2013, http://www.telegraph.co.uk/comment/10470717/Theresa-May-Slaves-may-work-in-your-nail-bar-too.html. Accessed March 2017.
- 92.
J. O’Connell Davidson, Viewpoint: What’s wrong with modern slavery? Why Theresa May in Wilberforce’s clothing won’t appeal to all, 5/11/2013, http://discoversociety.org/2013/11/05/586/. Accessed March 2017.
- 93.
Paragraph 8, Background, Explanatory Notes, Modern Slavery Act 2015, http://www.legislation.gov.uk/ukpga/2015/30/notes/division/3. Accessed March 2017.
- 94.
2018, 258.
- 95.
Modern Slavery Act, Explanatory Notes, Background, paragraph 5, http://www.legislation.gov.uk/ukpga/2015/30/notes/division/3. Accessed July 2017.
- 96.
Passed second reading in July 2021 in the House of Commons.
- 97.
26 March 2015, News Story, Historic law to end Modern Slavery passed, Home Office, https://www.gov.uk/government/news/historic-law-to-end-modern-slavery-passed. Accessed March 2017.
- 98.
News Story. Historic law to end Modern Slavery passed. Home Office, Karen Bradley MP and the Rt Hon Theresa May MP, 26 March 2015, https://www.gov.uk/government/news/historic-law-to-end-modern-slavery-passed. Accessed June 2015.
- 99.
Human Trafficking and Exploitation Act (Scotland) 2015, https://www.legislation.gov.uk/asp/2015/12/contents. Accessed July 2021.
- 100.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, https://www.legislation.gov.uk/nia/2015/2/contents. Accessed June 2021.
- 101.
Modern Slavery Act, Home Office, 10 June 2014, https://www.gov.uk/government/collections/modern-slavery-bill. Accessed July 2021.
- 102.
https://www.nao.org.uk/report/reducing-modern-slavery/. Accessed July 2021.
- 103.
The Act consolidates and seeks to clarify the offences of human trafficking for sexual (Sexual Offences Act 2003) and non-sexual (Asylum and Immigration Act 2004) exploitation into one substantive offence of human trafficking whilst providing the separate offence of slavery, servitude, and forced or compulsory labour (Coroners and Justice Act 2009) and an offence for preparatory offences (committed with a view to committing a trafficking offence).
- 104.
See further—Beddoe and Brotherton critiqued the British Modern Slavery Act of 2015 over potential obstacles in prosecuting cases where the movement of victim (s) is difficult to prove. See C. Beddoe and V. Brotherton, Class Acts? Examining modern slavery legislation across the UK, Anti-Trafficking Monitoring Group, London, 2016, https://www.antislaverycommissioner.co.uk/media/1253/class-acts.pdf.
- 105.
- 106.
Modern Slavery Act 2018 No. 153, 2018, https://www.legislation.gov.au/Details/C2018A00153. Accessed July 2021.
- 107.
https://www.legislation.gov.au/Details/C2018A00153. Accessed July 2021 Note the Dutch gov—Child Labour Due Diligence Law. India Committee for the Netherlands, ‘Child Labour Due Diligence Law for Companies Adopted by Dutch Parliament’ (8 February 2017) at http://www.indianet.nl/170208e.html. France—Human Rights Due Vigilence Law European Coalition for Corporate Justice, ‘French Corporate Duty of Vigilance Law’ (February 2017) at https://businesshumanrights.org/sites/default/files/documents/French%20Corporate%20Duty%20of%20Vigilance%20Law%20FAQ.pdf. In the US, the Federal Acquisition Regulation prohibits selling a product sourced overseas through federal contracts, if it is mined, produced, or manufactured by forced child labour. Federal Acquisition Regulation, 48 CFR §101, at 22.15.
- 108.
See further, https://www.ecpat.org.uk/News/landmark-victory-european-court-human-rights-child-trafficking. Accessed 23 June 2021.
- 109.
This case will be discussed in detail in the subsequent Chapter.
- 110.
UNODC Global Report on Trafficking in Persons 2012 did however identify that trafficking for the purposes of sexual exploitation accounted for 58% of all the trafficking cases detected globally however the report fails to identify exactly what percentage of the children identified as victims were trafficked for sexual exploitation.
- 111.
See further, Interim Guidance for Independent Child Trafficking Guardians (accessible version)—GOV.UK (www.gov.uk). Accessed 1 October 2022.
- 112.
National referral mechanism guidance: adult (England and Wales)—GOV.UK (https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment-forms/guidance-on-the-national-referral-mechanism-for-potential-adult-victims-of-modern-slavery-england-and-wales).
- 113.
See further, Modern Slavery: National Referral Mechanism and Duty to Notify statistics UK, end of year summary, 2021—GOV.UK (https://www.gov.uk/government/statistics/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-end-of-year-summary-2021/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-end-of-year-summary-2021). Accessed 1 October 2022.
- 114.
See further, National referral mechanism guidance: adult (England and Wales)—GOV.UK (https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment-forms/guidance-on-the-national-referral-mechanism-for-potential-adult-victims-of-modern-slavery-england-and-wales). Accessed October 2022.
- 115.
Namely, Mr. Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Ms. Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Mr. Felipe González Morales, Special Rapporteur on the human rights of migrants.
- 116.
UK: UN experts condemn attacks on credibility of slavery and trafficking victims | OHCHR (https://www.ohchr.org/en/press-releases/2022/12/uk-un-experts-condemn-attacks-credibility-slavery-and-trafficking-victims). Accessed December 2022.
- 117.
UNODC Global Report on Trafficking in Persons 2012 did however identify that trafficking for the purposes of sexual exploitation accounted for 58% of all the trafficking cases detected globally however the report fails to identify exactly what percentage of the children identified as victims were trafficked for sexual exploitation.
- 118.
See further, Jail for ‘sexual predators’ who led Asian gang that abused girls as young 12 | Daily Mail Online (https://www.dailymail.co.uk/news/article-1345084/Jail-sexual-predators-led-Asian-gang-abused-girls-young-12.html). Accessed July 2022; Revealed: conspiracy of silence on UK sex gangs | The Times (https://www.thetimes.co.uk/article/revealed-conspiracy-of-silence-on-uk-sex-gangs-gpg5vqsqz9h). Accessed July 2022.
- 119.
See further, Safeguarding children who may have been trafficked—GOV.UK (https://www.gov.uk/government/publications/safeguarding-children-who-may-have-been-trafficked-practice-guidance). Accessed October 2022.
- 120.
See further, Local government structure and elections—GOV.UK (https://www.gov.uk/guidance/local-government-structure-and-elections). Accessed October 2022.
- 121.
See further, New data obtained from the Home Office shows only 2% of child victims of trafficking are given Discretionary Leave to Remain in the UK | ECPAT UK (https://www.ecpat.org.uk/news/new-data-obtained-from-the-home-office-shows-only-2-of-child-victims-of-trafficking-are-given-discretionary-leave-to-remain-in-the-uk). Accessed October 2022.
- 122.
ECPAT and Hynes report.
- 123.
CA 1989, s.22 (5) (a) and (b).
- 124.
See further, Care of unaccompanied migrant children and child victims of modern slavery—GOV.UK (https://www.gov.uk/government/publications/care-of-unaccompanied-and-trafficked-children). Accessed 1 October 2022.
- 125.
The High Court decision are the lawfulness of the Rwanda Policy illustrates the contentious nature of contemporary immigration debates within the jurisdiction. See further, Suella Braverman restates Rwanda deportation goal after court ruling | Immigration and asylum | The Guardian (https://www.theguardian.com/uk-news/2022/dec/19/asylum-seekers-rwanda-uk-plan-legal-high-court). Accessed December 2022.
- 126.
See further, National Transfer Scheme to become mandatory for all local authorities—GOV.UK (www.gov.uk).
- 127.
See further, Asylum children living in hotels ‘unacceptable’—Ofsted—BBC News (https://www.bbc.co.uk/news/uk-england-kent-58957838). Accessed October 2022.
- 128.
Yvette Stanley, National Director of Ofsted, Safeguarding risks for 600 unaccompanied asylum-seeking children—BBC News (https://www.bbc.co.uk/news/uk-england-kent-59262516). Accessed October 2022.
- 129.
Care Standards Act 2000 (https://www.legislation.gov.uk/ukpga/2000/14/contents).
- 130.
Parliamentary Question by Mrs. Emma Lewell-Buck 18/02/2022 and answer by Minister Kevin Foster.
- 131.
http://www.kiplingsociety.co.uk/poems_burden.htm. Accessed July 2021.
- 132.
V.C.L. and A.N. v. the United Kingdom (applications nos. 77587/12 and 74603/12).
- 133.
Adopted by the Committee of Ministers of the Council of Europe on 3 May 2005 and entered into force on 1 February 2008. The Convention builds upon existing international instruments, but goes beyond the standards previously established, and strengthens protections afforded to victims. See further, https://www.coe.int/en/web/gender-matters/the-convention-on-action-against-trafficking. Accessed August 2021.
- 134.
Reservation—In accordance with Article 31, paragraph 2, of the Convention, the UK reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention. See further, https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/197?module=declarations-by-treaty&numSte=197&codeNature=2&codePays=UK. Accessed August 2021.
- 135.
For example, policies on the non-punishment principle in Scotland published by the Crown Office Procurator Fiscal Service (COPFS 2010), in England and Wales it came from the Crown Prosecution Services (CPS 2011) and finally from the Public Prosecution Service in Northern Ireland (PPSNI 2013).
- 136.
In Northern Ireland, s. 22 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015, whilst the Human Trafficking and Exploitation (Scotland) Act 2015 did not include a non-punishment provision. Instead, it required that the Lord Advocate in Scotland provide guidance on the non-punishment of trafficked persons (HTSEA 2015 Section 8).
- 137.
See further, https://www.ecpat.org.uk/News/landmark-victory-european-court-human-rights-child-trafficking. Accessed 23 June 2021.
- 138.
- 139.
Judgement p1.
- 140.
Applicant in application no. 77587/12 (hereinafter, “the first applicant”).
- 141.
Applicant in application no. 74603/12 (hereinafter, “the second applicant”).
- 142.
It is worth noting that the courts system of the UK is complicated, having been the product of piecemeal evolution rather than designed from scratch.
- 143.
The CPS prosecutes criminal cases which have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent and therefore makes decisions independently of the police and government.
- 144.
The UKBA closed in 2013 and was replaced by UK Visas and Immigration.
- 145.
Youth Offending Team (YOT) work with young people that get into trouble with the law, for further information see, https://www.gov.uk/youth-offending-team. Accessed August 2021.
- 146.
European Court of Human Rights, V.C.L. and A.N. v. The United Kingdom, Applications nos. 77587/12 and 74603/12, 16 February 2021.
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Faulkner, E.A. (2023). Child Trafficking in Europe: Nationalism, Vulnerability, and Protection. In: The Trafficking of Children. Transnational Crime, Crime Control and Security. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-23566-5_6
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