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Resolution 1983 (2014) Final version
Prostitution, trafficking and modern slavery in Europe
1. Trafficking in human beings is
one of the most hideous violations of human rights, affecting between 70 000
and 140 000 people every year in Europe. Girls and women are disproportionately
affected, and so are transgender persons, but men and boys are also
concerned. A considerable proportion of victims are citizens of
the European Union, in particular Bulgarian and Romanian women who
are trafficked for the purposes of sexual exploitation.
2. The Parliamentary Assembly is deeply concerned that, despite
several national and international mechanisms and legal instruments
put in place to counter it, trafficking in human beings in Europe
is not only widespread, but is even on the rise, while relevant
convictions are falling. It is necessary to step up efforts to curb
this scourge, allocating the necessary resources and efforts towards
prevention, investigation and prosecution, while ensuring that freeing
victims from this modern form of slavery and restoring their rights
and dignity remain at the centre of actions undertaken.
3. Although they are distinct phenomena, trafficking in human
beings and prostitution are closely linked. It is estimated that
84% of trafficking victims in Europe are forced into prostitution;
similarly, victims of trafficking represent a large share of sex
workers. The lack of precise and comparable data on prostitution
and trafficking makes it difficult to assess with accuracy the impact
that different regulations on prostitution may have on trafficking.
However, considering the significant overlap between the two phenomena,
the Assembly believes that legislation and policies on prostitution
are indispensable anti-trafficking tools.
4. Research and data collection on prostitution and trafficking
should be carried out in all Council of Europe member States. It
should aim to collect nationwide information and be conducted on
the basis of Europe-wide harmonised standards to guarantee comparability.
5. Legislation and policies with regard to prostitution vary
across Europe, ranging from legalisation to criminalisation of prostitution-related
activities. In 1999, Sweden was the first country to criminalise
the purchase of sexual services, with proven positive results in
terms of reducing the demand for trafficking. Since then, other
countries have followed the same path or have taken steps in this
direction. At the same time, other member States have chosen to
legalise both the sale and the purchase of sexual services, with
the aim of reducing the attractiveness of this business for criminal
organisations and improving the working conditions of sex workers,
with limited results.
6. Forced prostitution and sexual exploitation should be considered
as violations of human dignity and, as women are disproportionately
represented among victims, as an obstacle to gender equality.
7. Prostitution is a complex issue presenting various facets
that should be taken into account. It affects the health of sex
workers with consequences ranging from increased exposure to sexually
transmitted diseases to higher risks of drug and alcohol addiction,
physical and mental traumas, depression and other mental illnesses. Prostitution
is often linked to criminal activities such as petty crime and drug
dealing. In addition, criminal organisations controlling trafficking
in human beings are often involved in drug trafficking.
8. The Assembly acknowledges that different legal approaches
and cultural sensitivities make it difficult to propose a single
model of prostitution regulations that would fit all member States.
It believes, however, that human rights should be the main criteria
in designing and implementing policies on prostitution and trafficking.
9. Irrespective of the model chosen, legislators and law-enforcement
officials should be aware of their responsibility to ensure that
sex workers, where prostitution is legalised or tolerated, may carry
out their activity in dignified conditions, free from coercion and
exploitation, and that the protection needs of those who are victims
of trafficking can be adequately identified and addressed.
10. In designing and enforcing prostitution legislation and policies,
public authorities should strengthen co-operation with civil society,
particularly non-governmental organisations (NGOs), assisting victims
of forced prostitution and trafficking, as these are not represented
by sex workers’ organisations.
11. Furthermore, in all cases, the authorities should refrain
from considering prostitution regulations as a substitute for comprehensive
action aimed specifically at human trafficking, based on a sound
legal and policy framework and implemented effectively. International
co-operation at bilateral and multilateral level has a major role
to play in action on trafficking, given its transnational nature
and the economic interests involved.
12. In the light of these considerations, the Assembly calls on
Council of Europe member and observer States, Parliamentary Assembly
observer States and partners for democracy, to:
12.1. as regards policies on prostitution:
12.1.1. consider criminalising the purchase of sexual services,
based on the Swedish model, as the most effective tool for preventing
and combating trafficking in human beings;
12.1.2. ban the advertising of sexual services, including forms
of disguised advertising;
12.1.3. criminalise pimping, if they have not already done so;
12.1.4. establish counselling centres providing prostitutes with
legal and health assistance, irrespective of their legal or migrant
status;
12.1.5. set up “exit programmes” for those who wish to give up
prostitution, aimed at rehabilitation and based on a holistic approach
including mental health and health-care services, housing support,
education and training and employment services;
12.1.6. if they have legalised prostitution:
12.1.6.1. consider
fixing the minimum legal age for prostitution at 21;
12.1.6.2. ensure that all the relevant laws and regulations – including
those concerning health and safety, social security and tax – are
reviewed and effectively implemented, at all levels of administration;
12.1.6.3. ensure that prostitution regulations apply to all forms
of sex work, including Internet prostitution;
12.1.6.4. apply strict administrative and technical requirements
for the practice of sex work, aimed at ensuring monitoring of the
administration and regular contacts with sex work establishments
(“barrier system”);
12.1.6.5. require that information on the rights of sex workers
as well as contact details of anti-trafficking services be clearly
displayed in prostitution establishments;
12.1.6.6. exchange best practices with a view to reducing the harm
caused by prostitution;
12.1.6.7. raise general public awareness of the need to change attitudes
towards the purchase of sexual services and to reduce the demand,
including by countering social encouragement, particularly in the
workplace;
12.1.7. strengthen co-operation with civil society, including
sex workers’ associations and non-governmental organisations assisting
victims of trafficking and forced prostitution, and consult them
in the context of the drawing up or revision of policies on prostitution;
12.1.8. establish specialised police forces for the enforcement
of prostitution and human trafficking regulations;
12.2. as regards policies on human trafficking:
12.2.1. sign,
ratify and implement the Council of Europe Convention on Action
against Trafficking in Human Beings (CETS No. 197) (if they have
not yet done so) and fully co-operate with its monitoring mechanism;
12.2.2. introduce action plans on human trafficking and closely
involve parliaments in their preparation and implementation, and
monitoring of their implementation;
12.2.3. allocate adequate resources to all agencies and services
active in the prevention, investigation and prosecution of human
trafficking;
12.2.4. reinforce co-operation with Europol and increase substantially
the financial and human resources allocated to it;
12.2.5. establish shelters for victims of human trafficking;
12.2.6. work bilaterally with countries of origin, including developing
countries, to prevent trafficking, and ensure that those victims
who are returned to their country of origin are given the means
to reintegrate into society;
12.2.7. strengthen co-operation between the anti-trafficking and
law-enforcement authorities on one side and with non-governmental
organisations on the other, in the context of anti-trafficking and
victim assistance activities;
12.3. as regards research and data collection:
12.3.1. promote
quantitative and qualitative research on prostitution: prevalence,
types/markets of prostitution, breakdown of people involved by gender,
age and national origin;
12.3.2. promote quantitative and qualitative research on human
trafficking: prevalence, countries of origin, purpose of the trafficking,
and prevalence of victims among prostitutes;
12.3.3. mandate independent bodies to carry out regular assessments
of the impact of their prostitution regulations on trafficking in
human beings;
12.4. as regards awareness raising, information and training:
12.4.1. increase awareness through the media and school education,
particularly among children and young people, with regard to respectful,
gender-equal and violence-free sexuality;
12.4.2. raise awareness of the link between prostitution and human
trafficking by means of information campaigns targeting the general
public, civil society and education institutions;
12.4.3. step up training programmes on prostitution and trafficking
for law-enforcement officials, the judiciary, social workers and
public health professionals.