De (in)effectiviteit van artikel 273f bij ‘overige’ uitbuiting - vier jaar na inwerkingtreding. [The(in)effectiveness of Article 237f relating to 'other' forms of exploitation - four years after coming into force]
- Document number
- 2019
- Date
- 2009
- Title
- De (in)effectiviteit van artikel 273f bij ‘overige’ uitbuiting - vier jaar na inwerkingtreding. [The(in)effectiveness of Article 237f relating to 'other' forms of exploitation - four years after coming into force]
- Author/publisher
- Linda van de Watering
- Availability
- View/save PDF version of this document
- Document type(s)
- Research/Study/Analysis,
- Summary
-
This MA thesis - carried out under supervision of La Strada Netherlands (CoMensha) - examines the effectiveness of Article 273f Sr which was introduced in 2005 in the Netherlands and criminalises exploitation in labour relations ('other forms of exploitation', i.e. exploitation and trafficking outside of the sex industry). It specifically examines the implications of this Article for anti-trafficking policies, law enforcement and prosecution of the crime, as well as protection of its victims. The author finds that the UN Palermo Protocol and EU Framework Decision and the pursuant implementation of a trafficking definition in Dutch law provide insufficient clarity on what constitutes exploitation in labour relations. She concludes that excessive abuse and human rights violations should be used as indicators of exploitation and stand central to any assessment of the same.
The main obstacles to prosecution of exploitation is firstly, the vague definition of exploitation and lack of jurisprudence, secondly, the lack of knowledge within relevant institutions which hinders the identification of trafficked persons, and thirdly, the linking of victim protection to criminal prosecution of perpetrators, which leads to inadequate protection of the victims, given that the lack of definition of exploitation hinder effective prosecution. Finally, lack of definition is compounded by two contradicting vision on legality, namely, a regulation-focused conception which is pursued by judges and a rights-focused conception laid down in law. As judges have not filled in the rights-approach with relevant jurisprudence to further define exploitation by punishing specific acts, legal protection for victims and the prosecution of this crime remain inadequate in the Netherlands.
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