International Women’s Day and the Spanish Government met in an extraordinary Council of Ministers, presided over by Vice President María Jesús Montero (given the absence due to an official visit of Pedro Sánchez), to approve a battery of measures that will help advance women’s rights and the protection of victims of gender-based violence. Among which, the reactivation (first reading) of the human trafficking law, which will not only focus on sexual exploitation, but also on labor and organ trafficking. In addition to a new instruction from the Ministry of the Interior that restricts the criteria for inactivating cases in Viogèn, the comprehensive monitoring system for cases of gender violence by the security forces.
On the comprehensive law against Trafficking and Exploitation of Human Beings, which recovers from the previous legislature, the text eliminates regulatory dispersion and addresses the fight against all forms of human trafficking and against all forms of ‘exploitation that constitute the purpose of trafficking, and it criminalises forced labour, servitude, slavery and all forms of exploitation.
As explained by the Minister of Equality, Ana Redondo, at the press conference following the Council of Ministers, it is not a “punitive” law, but is focused on prevention, awareness and protection of victims to support and ” provide coverage to survivors, especially those in an irregular situation”.
The rule establishes a “provisional authorization with residence and work permits while the definitive status of victim of human trafficking is certified”, something “very important”, Redondo assessed.
It also guarantees that victims who are “in a situation of trafficking” will not be expelled from the country and will be offered “a whole battery of aid and rights” without the need for a complaint: access to the minimum living income, consideration of col· priority group to opt for public housing, legal assistance and compensation for assets confiscated from mafias and trafficking groups.
Access to rights, regardless of whether a complaint is filed and the participation of victims in the criminal investigation. Access will be immediate and subject to the fact that the agents subsequently verify the status of a victim of trafficking.
For his part, the Minister of the Interior, Fernando Grande-Marlaska, presented the latest instruction regarding the protection of victims of gender violence. The latter updates the criteria and procedures for the inactivation of Viogèn system cases. Depending on the risk, the mechanism may remain active for up to one year after the offender has served his sentence. To order the inactivation of a case, the agents will have to meet physically with the victim and verify that no new threats have been made by the abuser. And a new modality is created, “supervised inactivation”, for highly complex cases, including the presence of minors.
