Protection of victims of trafficking for sexual exploitation: International standards on a human rights-based approach and challenges related to their implementation in Spain

Abstract

 Trafficking in women and girls for sexual exploitation is today the second most lucrative criminal business worldwide. Why has international law proved ineffective in curbing this phenomenon? Traditionally, trafficking has been exclusively categorized as a crime and tackled with law enforcement and immigration control strategies focused solely on criminalization and punishment, without addressing the aspects related to the protection of victims’ rights. The consequences of this approach have been disastrous both in terms of human rights violations and ineffectiveness of traffickers’ prosecution. More recent instruments mark, however, a change of course towards a comprehensive human rights-based approach. After examining the persistent harmful consequences of the adoption of an exclusively criminal law approach, this study delves into the analysis of the “human rights-based approach” to trafficking, examining its constituent elements in light of relevant universal and regional instruments and of recent interpretations by international human rights courts and bodies. Finally, the study carries out a thorough examination of the implementation of this normative framework at the national level: does Spain comply with its international commitments on the adoption of a human rights-based approach to trafficking? What are the major challenges Spain is facing in this regard?