Awareness-raising of judicial authorities concerning trafficking in human beings - The Netherlands

Until 1 January 2005 Article 250a of the Dutch Penal Code (Pc) was applicable and defined trafficking in human beings (THB) in terms of exploitation for prostitution and other forms of sexual services. With this provision the Netherlands did not comply with their international obligation because they in fact adopted broader definitions of THB on the international level. In order to make national legislation correspond to international obligations, an extension of the definition of THB was required and translated into a legal provision, i.e. Article 273a Pc which entered into force 1 January 2005. In conformity with the advice of the National Rapporteur THB (National Rapporteur) the crime of THB is transferred from the title on ‘Crimes against morality’ to the title on ‘Crimes against personal freedom’, because THB must be considered a violation of personal freedom, integrity or, in the words of the rapporteur, ‘both a limitation of the freedom of movement as well as of the freedom of conduct’. According to the ratio of the trafficking protocol to the UNCTOC, each form of excessive exploitation of a human being is a violation of human dignity and a person’s fundamental rights.