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The European Commission is working on a strategy to combat human trafficking.
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Ordo Iuris has submitted an opinion to the European Commission on this matter. In it, Ordo Iuris emphasizes, among other things, the need to recognize every form of surrogacy as human trafficking.
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According to Ordo Iuris, laws already exist to combat human trafficking. It is therefore not necessary to develop a new strategy, but merely to amend the existing legislation.
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Initiating work on the new Strategy raises serious concerns about the risk of introducing excessive surveillance and restrictions on citizens’ rights and freedoms under the pretext of combating human trafficking.
The Ordo Iuris Institute prepared and submitted to the European Commission a detailed opinion in response to the initiative announced by the EC regarding work on the new EU Strategy on Combating Trafficking in Human Beings for 2026–2030. In its opinion, Ordo Iuris expresses its appreciation for the international cooperation to date, including the European Union’s achievements in combating human trafficking. However, it emphasizes that there is currently no legal or practical need to develop a new Strategy. The current regulations are comprehensive and precise, and the latest changes—stemming from the amendment to the directive on the prevention of human trafficking—will not take effect until July 2026, so their effectiveness has not yet been assessed.
Initiating work on a new Strategy raises serious concerns about the risk of introducing excessive surveillance and restrictions on citizens’ rights and freedoms under the pretext of combating human trafficking, while simultaneously burdening taxpayers in the Member States with additional costs. The Ordo Iuris Institutee emphasizes that the fight against this crime should be based on existing legal frameworks, the gradual deepening of cooperation, and support in terms of personnel and funding—without creating new layers of bureaucracy and without ideologization.
Key proposals contained in the Ordo Iuris opinion include, among other things, amending the definition of human trafficking contained in the directive by recognizing any form of surrogacy—both commercial and “altruistic”—as human trafficking. Amid armed conflicts, Ordo Iuris also highlighted Russia’s practice in Ukraine of separating children from their families and deporting them. It is advisable to develop mechanisms for the early detection and prevention of such phenomena, both now and in the future.
Inspections of temporary employment agencies also need to be intensified, as in some cases their operations may lead to human rights violations, including conduct that amounts to human trafficking. In particular, illegal employment of migrants must be eliminated and severe sanctions imposed on employers who engage in their exploitation. Ordo Iuris emphasized that implementing these proposals does not require a new Strategy, and any potential new document should focus exclusively on real threats, avoiding violations of other human rights and civil liberties.
“Human trafficking is a serious violation of human dignity and human rights that requires a decisive response. The Ordo Iuris Institute has for years been actively working to completely eliminate this practice, presenting analyses and opinions before international institutions. Recently, we have particularly emphasized the connection between surrogacy and human trafficking and the exploitation of women and children,” stresses Anna Kubacka, an analyst at the Ordo Iuris Center for International Law.
Source of cover photo: Adobe Stock
