Council of Europe Convention on Action against Trafficking in Human Beings
The Council of Europe Convention on Action against Trafficking in Human Beings was adopted by the Committee of Ministers of the Council of Europe on 3 May 2005, following a series of other initiatives by the Council of Europe in the field of combating trafficking in human beings. The Convention entered into force on 1 February 2008, following its 10th ratification. While building on existing international instruments, the Convention goes beyond the minimum standards agreed upon in them and strengthens the protection afforded to victims.
A human rights-based approach
The Convention is the first international legal instrument to take a human rights-based approach to the fight against human trafficking.
The Convention establishes obligations to prevent trafficking, design a comprehensive framework for the protection and assistance of victims and witnesses, and ensure effective investigation and prosecution. The Convention provides for a series of rights for victims of trafficking, in particular the right to be identified as a victim, to be assisted in their recovery, to be given a recovery and reflection period and a renewable residence permit, and to receive compensation for the damages suffered.
A comprehensive scope of application
The Convention applies to all forms of trafficking and to all victims of trafficking.
The Convention has a comprehensive scope of application, encompassing all forms of trafficking (whether national or transnational, linked or not linked to organised crime) and taking in all persons who are victims of trafficking (women, men or children). The forms of exploitation covered by the Convention are, at a minimum, sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs.
Monitoring mechanism
An important added value of the Convention is the monitoring mechanism set up to supervise its implementation by State Parties.
The monitoring mechanism consists of two pillars: the Group of Experts on Action against Trafficking in Human Beings (GRETA) and the Committee of the Parties. The evaluation procedure is divided in rounds. At the beginning of each round GRETA selects the specific provisions on which the evaluation procedure shall be based.
Definition of trafficking in human beings
Article 4
In the Article 4 of the Council of Europe Convention, the definition of trafficking in human beings consists in a combination of three components:
ACTION 
the recruitment, transportation, transfer, harbouring or receipt of persons
MEANS by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person (this element is irrelevant when the victim is a child)
PURPOSE for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs
Prevention
Chapter II – Prevention, co-operation and other measures
Protection
Chapter III - Measures to protect and promote the rights of victims, guaranteeing gender equality
- Identification of victims (art. 10)
- Protection of private life (art. 11)
- Assistance to victims (art. 12)
- Recovery and reflection period (art. 13)
- Residence permit (art. 14)
- Compensation and legal redress (art. 15)
- Repatriation and return of victims (art. 16)
- Gender equality (art. 17)
Prosecution
Chapter IV – Substantive criminal law | Chapter V – Investigation, prosecution and procedural law
Chapter IV – Substantive criminal law
- Criminalisation (art. 18, 19 and 20)
- Attempt and aiding or abetting (art. 21)
- Corporate liability (art. 22)
- Sanctions and measures (art. 23)
- Aggraving circumstances (art. 24)
- Previous convictions (art. 25)
- Non-punishment provision (art. 26)
Chapter V – Investigation, prosecution and procedural law
- Ex parte and ex officio applications (art. 27)
- Protection of victims, witnesses and collaborators with the judicial
- authorities (art. 28)
- Specialised authorities and co-ordinating bodies (art. 29)
- Court proceedings (art. 30)
- Jurisdiction (art. 31)
Partnerships
Chapter VI – International co-operation and co-operation with civil society
All 46 Council of Europe member States have ratified the Council of Europe Convention on Action against Trafficking in Human Beings, as well as two non-member States: Belarus and Israel.
The Convention is not restricted to Council of Europe member states; non-members states and the European Union also have the possibility of becoming Party to the Convention.
Note for information on the accession by a State which is not a member of the Council of Europe
Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report (Warsaw, 16.V.2005)
Council of Europe Treaty Series No. 197
Text of the Convention: EN - FR
An important added value of the Council of Europe Anti-Trafficking Convention is the monitoring mechanism set up to supervise its implementation by State Parties
