The European Union (‘EU’) has taken several steps over the past ten years towards combating
trafficking in human beings through the adoption of several legal instruments. Prior to the
adoption of Directive 2011/36/EU1
(discussed further below), EU trafficking legislation was
contained in three different instruments each of which dealt with a specific aspect of prevention
or protection. These instruments were also drafted in line with states’ obligations to put into
place criminal provisions to punish perpetrators and to prevent future acts of trafficking, and
much less on the need for the protection of victims.
The first instrument, Council Directive 2004/81/EC (‘the 2004 Directive’) requires Member
States to provide residence permits to third-country (non EU) trafficking victims who cooperate
with the Competent Authorities. The Directive also provides some other protective measures for
individuals until the residence permit decision is made, many of which now form part of
Directive 2011/36/EU. The rights in the 2004 Directive are nonetheless focussed around
cooperation with the authorities which is required of victims in order to gain access to a
residence permit. In addition, the UK Government has opted out of this Directive and therefore
its provisions do not apply in the UK.