Searching for Accountability of the Private Sector for Trafficking in Human Beings and Access to Justice for Trafficked Persons in the European Context

Trafficking in human beings (THB) for labour exploitation is a serious global issue but the protection of rights of trafficked persons, in particular ensuring their access to justice, is fragmented internationally and at national levels. As the complexity of global supply chains combined with high economic pressure and unequal power relations bear high risks of labour exploitation, the private sector can be involved in THB for labour exploitation in several ways. For example, suppliers provide goods or services that are produced by exploited persons. At the same time, victims of corporate human rights abuses often face barriers to gain redress leading to an accountability vacuum. The proposed paper explores possibilities for holding companies accountable for THB by criminal and civil law. Although relevant legal mechanisms exist in Europe, there are gaps in the application. By analyzing these legal mechanisms, case law and conducting interviews with stakeholders, the author identifies obstacles for this limited use and explores frameworks that would achieve enhanced accountability of companies for THB. One impediment is the ambiguity around the term ‘exploitation’ due to a lack of an internationally agreed definition leading to different applications by courts. Findings will contribute to improved access to justice for persons exploited by companies.