Directive 2024/1712 - Amendment of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims - Main contents
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Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/1712 |
| Original proposal | COM(2022)732  |
| CELEX number i | 32024L1712 |
| Document | 13-06-2024; Date of signature |
|---|---|
| Signature | 13-06-2024 |
| Effect | 14-07-2024; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 15-07-2026; See Art 2.1 |
Official Journal of the European Union |
EN L series |
2024/1712 |
24.6.2024 |
DIRECTIVE (EU) 2024/1712 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 June 2024
amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(2) and 83(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Trafficking in human beings is a serious crime, often committed within the framework of organised crime, is a gross violation of fundamental rights, and is explicitly prohibited by the Charter of Fundamental Rights of the European Union (‘the Charter’). Preventing and combating trafficking in human beings, and supporting the victims of trafficking, regardless of their country of origin, remains a priority for the Union and the Member States. |
(2) |
Trafficking in human beings has various root causes. Poverty, conflict, inequality, gender-based violence, the absence of viable employment opportunities or social support, humanitarian crises, statelessness and discrimination are among the main factors that make persons, especially women, children and members of marginalised groups, vulnerable to trafficking. |
(3) |
Directive 2011/36/EU of the European Parliament and the Council (3) is the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework for addressing trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen the prevention of trafficking, the assistance provided to victims, as well as their protection, taking into account gender, disability and children’s perspectives, and using a victim-centred approach. |
(4) |
Trafficking in human beings can be exacerbated where it intersects with discrimination based on a combination of sex and other grounds of discrimination prohibited by Union law. Member States should therefore pay due regard to victims affected by such intersectional discrimination and to the resulting increased vulnerability, through providing specific measures where intersecting forms of discrimination are present. Particular attention should be paid to discrimination based on racial and ethnic origin. |
(5) |
In its communication of 14 April 2021 on the EU Strategy on Combatting Trafficking in Human Beings 2021-2025, the Commission set out a policy response adopting a multi-disciplinary and comprehensive approach from the prevention of trafficking, through protection of victims, to the prosecution and conviction of traffickers. That communication included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary to amend Directive 2011/36/EU. The identified shortcomings of the criminal-law response requiring adaptation of the legal framework relate to offences concerning trafficking in human beings that are committed in the interest of legal persons, to the data collection system, to cooperation and coordination at Union and national level, and to the national systems aimed at the early detection and identification of, specialised... |
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