Identifying victims of human trafficking is a crucial part of combatting trafficking. The assessment of whether a person has been trafficked is necessary in order to:
- determine whether there is a basis for prosecuting traffickers under Section 262a of the Danish Criminal Code,
- ensure that criminal offences committed by a victim of trafficking are handled appropriately and
- ensure that the person receives the necessary social support.
When assessing human trafficking, it is important to distinguish between the:
- initial identification made for the purpose of initiating social support measures and
- identification for the purpose of criminal prosecution of the trafficker and, in some cases, the victim.
The authority responsible for determining whether a person is granted the formal status as a victim of human trafficking in Denmark depends on whether the purpose is social or criminal.
The Danish Immigration Service and the Danish Centre against Human Trafficking have the authority to assess whether a person is a victim of trafficking in relation to social support. When a person is granted the formal status as a victim of human trafficking for social purposes, they gain access to assistance under the national action plan to combat human trafficking. In some cases, a person may receive support and accommodation before and during the initial identification process and until a final assessment is made. The final assessment cannot be appealed.
The Prosecution Service and, ultimately, the courts have the authority to determine whether a person is a victim of trafficking in relation to criminal proceedings. When a person is granted the formal status as a victim of human trafficking in a criminal context, this may influence decisions on whether to bring charges and may also be relevant for a potential reduction of the sentence for victims who have been charged in a criminal case but where the charges are related to the exploitation. (see also step 5)
Criteria for the final assessment
To be granted the formal status as a victim of human trafficking in Denmark, three elements must be present in the person’s trafficking interview with the authorities, as defined in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (the “Palermo Protocol”):
- There must be an ACT. For example, the trafficker has recruited, transported or received the person who is exploited.
- There must be MEANS. For example, the trafficker may have used coercion, threats or exploited the person’s situation or vulnerability, such as a lack of language skills or poverty.
- There must be a PURPOSE. For example, the trafficker intended to exploit the person for a purpose that is typically linked to financial gain, through prostitution, forced labour, slavery-like conditions or criminal activities.
Special considerations regarding children
When assessing whether a child has been subjected to human trafficking, it is sufficient that the act and purpose has been used. It is not required that the trafficker used any of the means listed hereinabove, such as coercion or threats, to be officially granted the status a victim of human trafficking.
Special considerations regarding consent
According to the Palermo Protocol, it is irrelevant whether a person subjected to trafficking has consented to the exploitation. If the trafficker has used any of the means described here, the person’s agreement to carry out, for example, pickpocketing or selling sex does not affect the assessment of their status as a victim of trafficking.
Benefit of the doubt
Identifying human trafficking can be challenging, and victims may find it difficult to describe their experiences clearly. This can make certain indicators harder to uncover during trafficking interviews. When the Danish Immigration Service and the Danish Centre against Human Trafficking assess a case, they do so with the principle that any doubt should benefit the individual. The aim is to ensure that all victims of trafficking receive the assistance and support required under international conventions.
The Danish Centre against Human Trafficking and the Danish Immigration Service always take into account if the person is ‘currently trafficked’ before making a decision. They consider, for example, whether the trafficker still has contact with the person, whether the trafficker continues to demand repayment of debt, whether threats are ongoing, whether the person is still affected by the exploitation and whether the person may be at risk of being trafficked again.