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6 DE DEZEMBRO DE 2014

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phenomenon. They had action plans based on a pragmatic approach. They seemed open to cooperation with

international partners.

The police, for example, told me that they had exchange with Swedish colleagues, even though legislation

and policies in the two countries are completely different. Nevertheless, I had the impression, based on these

meetings but also on research, that even in the Netherlands the fight against human trafficking was far from

won. That the link between prostitution and trafficking existed there, like everywhere else, and it was not getting

any weaker.

Conclusions of the report

After one year of work, involving several hearings at the Parliamentary Assembly, four country visits and

quite some research, I found myself back to the starting point. I came to the conclusion that the Swedish

legislation, based on criminalising the purchase of sexual services – in other words, on targeting the “client” –

was the best option. The report refers to several “lessons learnt” in the other countries I visited”.

But, the main lesson is the one that Sweden taught us in 1999. The Swedish legislators back then were

brave enough to introduce a completely new approach. They dared the public opinion, as that kind of regulation

was difficult to explain and difficult to understand. But about 15 years later, they have won their dare. We can

now claim, on the basis of a series of indications, that the new system proved successful in curbing the demand

for sex workers and, in turn, for victims of trafficking.

That is why the draft resolution I prepared, which was then adopted by the Assembly, recommends that all

member states “consider”, at least, the adoption of this kind of legislation. I chose this relatively soft wording as

I deemed it appropriate from the beginning to avoid an ideological attitude. I also avoided philosophy. I came

across philosophical questions: “what is free will?”, for instance, when we discuss whether prostitutes sell their

body out of their free will. But I decided not to go deep into these questions. My aim throughout the preparation

of the report was to take into account first and foremost the human rights of people involved.

This allowed me to include in the resolution some elements of “harm reduction”. Some of the measures the

Assembly indicates are recommended to all countries, irrespective of the legal approach they adopted.

- For instance, advertising sexual services, whether in a clear or a disguised way, should be banned in any

case, even in countries where selling or buying such services is legal.

- Pimping should always be criminalised.

- Counselling centres should provide people in prostitution with legal and health assistance.

- “Exit programmes” are crucial. We should not only help people not to end up in the sex business, but

also help them leave it if they so wish. This requires rehabilitation, orientation training. It is very important.

- Raising the minimum legal age for prostitution would also be a good idea. Twenty-one is certainly better

than eighteen, for instance.

Then, of course, the resolution indicates specific measures on trafficking:

International criminal cooperation against it should be strengthened. We recommended:

- That all European countries sign, ratify and implement the Council of Europe Convention on Action

against Trafficking in Human Beings (ETS No. 197);

- That they introduce action plans on human trafficking;

- That they reinforce co-operation with Europol and increase the financial and human resources allocated

to this organisation.

Let me add a general remark:

1) we need more information. We need figures on prostitution and trafficking. And these figures must be

comparable, because they will guide law enforcement and policies at national and international level.