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Trafficking in Human Beings. Fifth Report of the Dutch National Rapporteur

Document number
1502
Date
2007
Title
Trafficking in Human Beings. Fifth Report of the Dutch National Rapporteur
Author/publisher
C.E. Dettmeijer-Vermeulen, National Rapporteur (Bureau of the Dutch National Rapporteur on Trafficking in Human Beings)
Availability
View/save PDF version of this document
Document type(s)
Guidelines/Recommendations, Research/Study/Analysis,
Summary
This Report is a slightly modified and abridged version of the Report. In this Report youwill find that, apart from the usual topics, attention has been especially devoted to the threefollowing subjects: financial investigations, human trafficking with a view to organ removaland labour exploitation outside the sex industry.Labour exploitation outside the sex industry has become a criminal offence in the Netherlandsas of 1 January 2005. The legislation does not provide a clear dividing line between bademployment and slavery like situations. It is entrusted to the judiciary to further define theconcept of labour exploitation.An important leading decision in this area is the judgment of the European Court of Humanrights of 26 July 2005, in the case of Siliadin v France. Recently three judgments at first instance have been rendered in the Netherlands. Thesecases involved the harvesting of hemp plants, a Chinese restaurant and cleaning. All threecases resulted in an acquittal on human trafficking charges, with convictions for offences relatedto human trafficking. Two of these are still under appeal. Clearly, the definition of labourexploitation outside the sex industry requires further research. The position of the victim remains a matter of continuing concern. Some improvementshave been made in the sphere of residency status; however, many improvements related tothe victim’s position in the framework of criminal law and procedure still need to be undertaken.It remains for example perpetually difficult for victims to obtain redress and compensationfor tangible and intangible losses. It is therefore proposed to undertake further research into the victim’sposition, particularly regarding criminal law and procedure and compensation.
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