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11 March 2024

Spain: New law on trafficking

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The Spanish government announced its decision to transform the draft of the Integral Organic Law against Trafficking and Exploitation of Human Beings, promoted during the previous term, into law. The law will fundamentally focus on prevention of trafficking and raising awareness among victims. It was also announced that the VioGén system will be strengthened, in order to prevent victims of male violence being left "prematurely" without police protection and to grant financial aid to victims of sexual violence. 

Third-country nationals (TCNs) in Spain are disproportionately affected by crimes related to human trafficking and exploitation: traffickers take advantage of the country's proximity with Northern Africa, its cultural connection with Latin America, and migrants' vulnerability. Official statistics published in 2022 by the Ministry of Interior highlight this: 3 in 4 victims of sexual exploitation (approximately 564 individuals in total) in Spain that year arrived from countries in Latin America, predominantly Colombia, and the majority of victims of labour exploitation arrived from Morocco.

Some of the provisions of the law include the establishment of prison sentences of 6 months - 4 years for anyone who makes false use of services or benefits for victims (including women forced into prostitution), and a guarantee to offer victims comprehensive assistance including via the provision of temporary residence and work permits. The law aims to prosecute all kinds of exploitation linked to human trafficking.

The key aspects of the law relate to specific prerogatives that will be granted to the victims without the need for them to file a complaint, including the rights to receive the Minimum Vital Income (MVI), to be considered priority group to access public housing, to receive legal assistance throughout the process, to receive compensation from confiscated property, and to obtain a temporary certificate of residence and work.

The draft law on trafficking was approved during the first reading in the Council of Ministers in November 2022. Following a temporary interruption due to the formation of the new government, it now appears ready to be issued.

Details

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Spain
Source
Posted by
Francesco Pasetti - CIDOB
Country Coordinator

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