6 | - Número: 003 | 12 de Outubro de 2012

ANEXO A

Criminalising the purchase of sex to combat the trafficking of people for sexual exploitation Outline for a report Rapporteur: Mr Mendes Bota

Introduction The report is originated by a motion for a resolution tabled by Mr Luca Volonté (Italy, EPP/CD) and other members.
Trafficking in human beings is a modern form of slavery which the Parliamentary Assembly and the Council of Europe as a whole are strongly committed to fight. It is a severe violation of human rights and, as it affects women disproportionately, it constitutes a major obstacle to gender equality.
All European countries are affected by human trafficking, either as countries of origin, of transit or of destination. In a large number of cases, human trafficking is perpetrated for the purpose of sexual exploitation.
Victims, again mostly girls and women, are forcibly or deceptively recruited into the sex industry. A large proportion of sex workers in European countries are of foreign origin, both from other European and third countries. The link between human trafficking and sexual exploitation, however, is not always easy to detect and prove, as victims are often reluctant to report perpetrators to the police, for fear of the perpetrators themselves or of the risk of deportation.
Legal approaches on prostitution vary widely amongst Council of Europe member states, ranging from legalisation to criminalisation. Legalisation implies a regulation of prostitution by the state, notably in the form of provisions on health and safety and workers’ protection. On the other hand, criminalisation can take the form of prohibitionism, seeking to ban prostitution by penalising all aspects of it, or of abolitionism, in which the sale of sex is not punishable but related activities (procuring, soliciting, advertising) are.
The strictest form of criminalisation was first introduced in Sweden and it consists of criminalising the purchase of sex. Clients of prostitutes are sanctioned, but the activity of selling sex is not considered illegal.
Similar legislation was subsequently introduced in Norway and Iceland.

Aim of the report The aim of this report is to assess the impact of criminalisation of the purchase of sex on trafficking in human beings. This will imply an analysis of the various current legislation on prostitution in Europe and their effects on trafficking.

The report will be articulated as follows:

1. Trafficking in human beings for sexual exploitation in Europe: state of play 2. Preventing and combating trafficking in human beings in Europe: national legislation and policies 3. International obligations on combating trafficking in human beings 4. Different legal approaches on prostitution: criminalisation and legalisation 5. Overview of legislation on prostitution in the Council of Europe member states 6. Impact on trafficking in human beings (different case-studies: Germany and Sweden) 7. The point of view of sex-workers organisations 8. Conclusions and recommendations