16 comments

ThelnebriatiApril 26, 2024

New crimes at EU level include forced marriage, illegal adoption, and exploitation of surrogacy

  • Penalties for companies convicted for trafficking
  • criminalise the use of services provided by a trafficking victim, where the user knows that the victim is exploited, to reduce the demand driving exploitation
  • ensure prosecutors can choose not to prosecute victims for criminal acts they were coerced into committing, and that victims receive support regardless of whether they cooperate with investigations or not
  • allow judges to consider the non-consensual spreading of sexual images or videos as an aggravating circumstance when handing out sentences.

On Tuesday, MEPs adopted with 563 in favour, 7 against, and 17 abstentions.

TheKnittaApril 26, 2024(Edited April 26, 2024)

I wish they’d prosecute people using services by trafficked people no matter what. They know so many women involved in prostitution are trafficked and don’t want to be there. It’s a good start though.

kalinaApril 26, 2024

i wanna know who the fuck voted against it

WatcherattheGatesApril 26, 2024

I want to know more about this: "New crimes at EU level include forced marriage, illegal adoption, and exploitation of surrogacy." How are these crimes defined?

NordicModelNow [OP]April 26, 2024

Here is a link to the EU directive on trafficking that was passed in 2011, which the new vote will amend:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0036

I will look for the text of the amendments and post them in a minute.

They are definitely not perfect - but they are a step forward and in my opinion it is important that for the first time (I believe) an international body has recognised that trafficking women for exploitation as surrogate mothers is a thing and a real and increasing problem.

WatcherattheGatesApril 26, 2024

Yeah, there was no mention of surrogacy at all in the linked document. And while forced marriage and illegal adoption are mentioned once, they are not defined. Discouraging.

NordicModelNow [OP]April 26, 2024

The linked document is the old one that is being amended. I've copied the amendments below. I haven't found a link to them though.

WatcherattheGatesApril 26, 2024

Great, thanks!

NordicModelNow [OP]April 26, 2024

Here are the key amendments (not all of them):

(1) Article 2 is amended as follows:

(a) paragraph 3 is replaced by the following:

'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, or the exploitation of surrogacy, of forced marriage, or of illegal adoption.'

(b) paragraph 5 is replaced by the following:

'5. When the conduct referred to in paragraph 1 involves a child, it shall be a punishable offence of trafficking in human beings, even if none of the means set forth in paragraph 1 has been used. This paragraph shall not apply to the exploitation of surrogacy as referred to in paragraph 3, unless the surrogate mother is a child.'

NordicModelNow [OP]April 26, 2024

We wrote this article a while ago to explain what "exploitation of the prostitution of others" means. It applies to "exploitation of surrogacy" too:

https://nordicmodelnow.org/facts-about-prostitution/fact-cedaw-requires-countries-to-fight-pimping/

WatcherattheGatesApril 26, 2024

So is this phrase "the exploitation of surrogacy, of forced marriage, or of illegal adoption" meant to be understood as "the exploitation that IS surrogacy, forced marriage, or illegal adoption," meaning the practices--not matter how practiced--are exploitation? Or does it mean you just have to be doing these things in some brutal, exploitative fashion?

NordicModelNow [OP]April 27, 2024

As the article linked in my previous comment explains, "exploitation of" surrogacy/forced marriage/illegal adoption means third parties profiting or benefiting in some other way from a woman being a surrogate mother who has been coerced into it in some way or whose vulnerability has been exploited, as explained in the text of the directive I linked to in a previous comment. And then the same for forced marriage or illegal adoption.

As I mentioned in my first comment, this is far from perfect - but it is still a recognition that people are profiting from (and making fortunes and building entire industries) on these heinous practices.

WatcherattheGatesApril 27, 2024

Far from perfect indeed if it's only about third parties.

WatcherattheGatesApril 26, 2024

Thank you.

vulvapeopleApril 26, 2024

What power does the EU have to enforce this?