The Dutch House of Representatives wants to tackle human trafficking more strictly and better protect victims through a change in the law.
The House of Representatives voted unanimously this month to amend the law to make it easier to combat human trafficking. The new law emphasizes protecting victims. But there is also criticism. For example, an adopted amendment on the residence arrangement for victims of human trafficking who are not from the Netherlands - the so-called B8/3 arrangement - raises questions among experts. The amendment claims that “false reports” are being made to get a residence permit, while this has been previously debunked by both police and experts.
The adopted law amends Article 273f of the Dutch Penal Code. The change in the law shifts the focus more to the victim of human trafficking and actual exploitation. The amended law is also beneficial for migrant workers who face situations such as underpayment or long working hours.
These situations, which qualify as “serious disadvantage,” are now brought under criminal law by the law change. Perpetrators of serious disadvantage risk up to six years in prison and a fine of up to 100.000 euros. For regular exploitation, the maximum sentence remains twelve years.
The law also broadens protection for young people. Persons up to 21 years of age working in prostitution are assumed to be in a vulnerable position and insufficiently capable of choosing sex work completely voluntarily. As a result, it is more quickly seen as human trafficking if someone puts them to work in prostitution. Moreover, with the change in the law, it will now be seen as child trafficking when minors end up in prostitution. Even if the child says the work is voluntary or no profit is made.
In addition, the new law is going to criminalize “marital exploitation” and consider it human trafficking. This involves people who are exploited, trapped or isolated within their own marriage or relationship - even if this happens outside the Netherlands.
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