Ensuring protection for trafficking victims in Spain: the role of European and International Law in shaping the Organic Law on comprehensive protection against human trafficking and exploitation

Abstract

Human trafficking is widely recognized as one of the most egregious criminal activities, inflicting profound physical and emotional harm on its victims while continuing to expand globally. In response to this issue, the European Commission launched a proposal for amending Directive 2011/36/ EU, which constitutes the framework for combating trafficking within the European Union. This proposal initiated the European legislative procedure, culminating in the enactment of Directive (EU) 2024/1712 in July 2024, modifying Directive 2011/36/EU. Simultaneously, Spain has undertaken efforts to enhance its legal framework through the introduction of a Draft Organic Law on Comprehensive Protection Against Human Trafficking and Exploitation. However, it is important to note that the national legislative process is still in its initial stages. In light of these legal developments, this article aims to analyse the incorporation of the amended Anti-trafficking Directive into the Spanish legal framework, particularly since the Draft Organic Law was presented before the publication of Directive (EU) 2024/1712. The analysis will focus on provisions specifically related to the protection of trafficking victims, who are the individuals most affected by this egregious crime and have frequently experienced marginalization. Furthermore, it will offer recommendations aimed at aligning forthcoming Spanish legislation with both Directive 2011/36/EU and International Human Rights Law.