In 2024, the scope of exploitation following human trafficking has expanded in the European Union, yet ambiguity persists around when working conditions constitute criminal exploitation or fall under labour law enforcement. This distinction is critical in countries where coercion is not required for a human trafficking charge, making “exploitation” the key threshold. This study asks: What criteria do judges use to determine whether exploitation qualifies as human trafficking? Existing literature highlights challenges in victim identification by law enforcement, who frequently adjust their approach based on the likelihood of securing a conviction. Yet, research on the judicial perspective remains limited, even less across jurisdictions with varying labor standards and sex work regulations. To fill this gap, the researchers analyzed case laws from Belgium, Luxembourg, France, and Spain, examining criminal court decisions related to human trafficking and related offences (e.g., pimping, forced labor). National databases such as legifrance.fr and CENDOJ serve as primary sources. Using semiotic analysis, they assessed how judges articulate exploitation and compare these criteria with internationally recognized trafficking indicators. Preliminary findings reveal: (1) judicial focus remains on sexual and labor exploitation, with little precedent on other forms (e.g., organ removal, forced marriage); (2) divergent legal thresholds emerge—France often requires extreme coercion, while Belgium considers deviations from labor standards; and (3) international trafficking guidance emphasizes the process over the substance of exploitation, granting national judges broader interpretive discretion. Ultimately, it reflects how the law symbolically delineates acceptable working conditions and informs broader societal norms.
Trigger Warning: This presentation contains information (written, spoken, or visual) that may be triggering or (re)traumatizing to attendees.
Salomé Lannier is a postdoctoral researcher and Principle Investigator of the project "PROTect against EXploitation: Exploitative offences versus legitimate work in a digitalised labour market". Salomé defended her thesis on "New technologies and human trafficking," which focuses on relationships between States and digital players to fight against cyber human trafficking.