Forms of exploitation

Forms of exploitation

Human trafficking and exploitation can take many forms. These include sexual exploitation, labor exploitation, exploitation through begging and criminal activities, and forced organ removal. The 2024 reform of the EU Trafficking in Human Beings Directive added further forms of exploitation, including surrogacy, forced marriage, and illegal adoption. 

Ob sexuelle Ausbeutung, Forced labour or exploiting begging: Exploitation can take many different forms.In German law, so far five different forms of exploitation in the sense of Trafficking in Human Beings recorded:

In addition, the reformed EU Human Trafficking Directive has defined further since 2024 three other forms of exploitation:

Member States are obliged to implement the amending directive by summer 2026, transpose it into national law, and criminalize these forms of exploitation. The individual forms are explained in more detail below.

What all forms of Trafficking in Human Beings, that persons exploiting a situation of distress or a foreign-specific helplessness be exploitedThe latter means that people are in a country whose language they do not speak or hardly speak, whose legal system they do not know, and where they have no social network. Often the Trafficking in Human Beings involving coercion, duress, violence or deception.  

While the backgrounds and life situations of those affected by Trafficking in Human Beings Although they vary greatly, there are still factors that promote exploitation. These are discussed in the The section on background and life situation is examined in more detail..

 

Sexual exploitation This refers to any form of coercion, manipulation, or abuse in which a person is pressured or forced into sexual acts. Sexual exploitation includes:

  • Zwangsprostitution: Those affected are forced into prostitution through pressure or violence.
  • Trafficking in Human Beings for the purpose of sexual exploitationThis involves recruiting, transporting, or housing people in order to sexually exploit them.

Sexual activities are defined quite broadly and also include the marketing and exploitation of webcam shows, pornographic material, and depictions of abuse.

Those affected are so restricted in their freedom of action that they no free decisions regarding the activity They can encounter problems. They are not paid, or not paid adequately, and/or have to work under extremely poor and dangerous conditions. Exploitation of prostitutes or pimping are characterized, for example, by... through excessive agency fees and/or rent demands, dangerous working conditions and withholding of payment from. Further characteristics of sexual exploitation are in the List of indicators detained.

Trafficking in Human Beings sexual exploitation must be addressed by the Activities in prostitution can be differentiated.. While Prostitution in Germany legal activity is, is Trafficking in Human Beings sexual exploitation is punishable.

Sexual exploitation and Trafficking in Human Beings People can be affected because they are through Deception to engage in prostitution They were lured into this situation. For example, they can be recruited through online advertisements, contact via social media, acquaintances, or agencies, and deceived about the actual work involved. Specifically, this could mean that someone is sought for cleaning duties but is then forced, through violence, threats, or other coercion, to provide sexual services.

It is also possible that those affected voluntarily choose prostitution, but are then confronted with working conditions to which they did not agree and are forced to remain in them.

These are often cases of the so-called Loverboy methodPerpetrators feign a romantic relationship with young women and girls in order to then exploit them through emotional dependency to force them into prostitution and exploit them.

 More about the Loverboy method

In this form of Trafficking in Human Beings are made to to perform an activity through which they are exploitedThose affected cannot freely dispose of their labor. They are not paid, or not paid adequately, and must work under poor or even dangerous conditions; they are threatened or experience violence.

Employment relationships that are classified as exploitation of labor are characterized by poor pay, excessively long working hours, excessive placement fees and/or rent payments, dangerous working conditions and withholding of wages The perpetrators use coercion and threats, exploit the victims' distress, deceive them about the exact circumstances of the activity, and thus induce them to carry out or continue the activity.

labor exploitation This can occur in principle in any industry, but some seem to be more prevalent. Trafficking in Human Beings, Forced labour and are more affected by exploitation than others. Sectors that are labor-intensive and do not require a high level of qualification are particularly vulnerable.

From Trafficking in Human Beings to labor exploitation are in Germany often migrants are affectedThis is especially true if they lack regular residency status. Because access to the German labor market is very restrictive for them (particularly if they cannot prove their qualifications), they are often forced to rely on dubious employment agencies and work in unregulated and/or precarious employment. Read more about this here. here.

The Transitions between unfavorable and poor working conditions and labor exploitation are often fluidSometimes an unfavorable working relationship deteriorates to such an extent that labor exploitation or even exploitation involving deprivation of liberty. The graphic illustrates the various forms of unfavorable working conditions, ranging from... labor exploitation.

 

In this form of exploitation, people are coerced by third parties into begging and They then have to hand over large parts or all of their income..

A difference between Trafficking in Human Beings for the exploitation of begging and other forms of exploitation, that begging takes place in public spaces and thus the individuals are visible to everyone. Those affected are dependent on proactively reaching out to outsiders.

A special The difficulty lies in distinguishing whether people are forced to beg and thus exploited, or whether it is "voluntary" begging.For example, begging is often motivated by poverty, meaning the proceeds remain with the beggars. Asking passersby for financial assistance in public is permitted in Germany, albeit with restrictions. Begging can take many forms, such as:

  • to ask directly for money
  • Selling items for a sum far exceeding their actual value
  • Offering unsolicited services, such as cleaning car windows, performing tricks, or playing music

Reports from other European countries show that this form of exploitation is also prevalent. More minors are affected to appear to be the case. For them, due to their mostly linguistic and social dependence on the perpetrators, who often belong to their close family or circle of acquaintances, there are major obstacles to leaving the exploitative situation.

 

In this form of exploitation, those affected induced to commit crimesThese illegal acts can include for example, theft, drug trafficking, or credit card fraud The perpetrators' goal is to enrich themselves without committing the criminal acts themselves.

The fact that these are criminal offenses is often used by perpetrators as leverage to prevent victims from seeking help. This puts victims in a difficult situation. particularly vulnerable situation, as contact with state authorities is often only possible in connection with the crimes committed. This occurs. In such situations, they are primarily perceived as criminals, while the The underlying exploitative structures may be overlooked..

Minors can also be affected by this form of exploitation. They may be forced, for example, into pickpocketing, shoplifting, ATM robberies, or selling drugs. In such cases, often exploiting the lack of criminal responsibility of children under 14 years of age, in order to avoid the criminal consequences of the acts.

In this form of exploitation, the victims are Non-punishment principle or even that Right to refrain from punishment This is central. It means that people should not be prosecuted or punished for offenses they were forced to commit as part of their exploitative situation. This aims to protect the rights of victims, prevent their further victimization, and encourage them to testify against perpetrators in criminal proceedings.
 

Trafficking in Human Beings Purposes of unlawful organ removal is another form of human trafficking, which is covered by the EU directive on Trafficking in Human Beings as serious violation of human dignity and physical integrity is referred to as such. In Germany, there have been very few cases of so far. Trafficking in Human Beings known for the purpose of organ donation. 

Surrogacy is a reproductive procedure in which a woman – the so-called surrogate mother – carries a child to term. Carries a pregnancy for another person or couple, who are referred to as intended parents or commissioning parents. After the birth, the surrogate mother hands the child over to the intended parents.

So that it is a Exploitation of surrogacy in the context of human trafficking, a person must be through the Use of reprehensible means, such as through violence or other forms of coercion, kidnapping, or deception, to induce someone to become a surrogate mother. This form of Trafficking in Human Beings It was only included in the EU's Trafficking in Human Beings Directive in 2024. Therefore, there is still little empirical data, and research on the consequences of surrogacy is still incomplete.

The Regulations regarding surrogacy vary greatly across European countries.Surrogacy is completely prohibited in Germany, but there are considerations to legalize certain forms of it. In other EU countries such as Belgium or the Netherlands, it is “altruistic surrogacy” It is permitted. In some countries with candidate or accession status, such as Ukraine and Georgia, surrogacy is also permitted in certain commercial forms. 
 

A forced marriage is defined as a marriage that is arranged through a court or organization. against the will of one or both persons marrying takes place. With the reform of the EU Human Trafficking Directive, forced marriage was recognized as a form of Trafficking in Human Beings accepted.

Forced marriage is illegal in Germany already covered by criminal law pursuant to Section 237 Paragraph 1 of the German Criminal CodeHowever, the offense is currently treated more as coercion to marry and not as a form of exploitation. Not every forced marriage is automatically Trafficking in Human BeingsGerman legislation still needs to define the conditions under which forced marriage is permissible. Trafficking in Human Beings will be, and in practice it remains to be seen how criminal offenses will arise from this form of Trafficking in Human Beings can be proven.
 

If an adoption bypasses government agencies and instead takes place via If the adoption takes place through disreputable adoption agencies or private contacts, it is an illegal adoption.Adoption exploitation occurs when a person is coerced, threatened, or deceived into illegally giving up their child, thereby giving (or intending to give) the perpetrators a financial advantage.

Illegal adoption was also included as a form of [unclear] in the reform of the EU Human Trafficking Directive. Trafficking in Human Beings It was recorded. German legislation still needs to define the conditions under which illegal adoption can be considered illegal. Trafficking in Human Beings It remains to be seen in practice how criminal offenses of this form of human trafficking can be proven.