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Directive 2011/36/EU

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Directive 2011/36/EU[1] of the European Parliament and Council was adopted in April 2011 and is part of global action against trafficking in human beings. The Directive adopted a holistic, human rights and gender-sensitive approach, as opposed to a criminal law approach which was the stance of its predecessor, the Council Framework Decision[2].

Article 1 of the Directive provides for its subject matter. It grants minimum rules concerning the definition of human trafficking and it makes evident the human rights approach of the Directive.

Article 2 provides for the member state's obligation in criminalising acts that fall under the scope of trafficking such as the recruitment, transportation, transfer, etc. by means of the threat or use of force and so on. Member States also have the obligation to ensure that the consent of the victim is irrelevant where any of the means set forth in paragraph 1 of article 2 has been used against her.

References

  1. "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, 15.4.2011. 5 April 2011: 1–11.
  2. "Council Framework Decision of 19 July 2002 on combating trafficking in human beings". OJ L 203, 1.8.2002. 2002: 1–4.


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