I Trafficking in and Smuggling of Human Beings: the Spanish Approach

Abstract

Trafficking in human beings undoubtedly constitutes an offence against the dignity and the freedom of persons as the objective of this trafficking is their sexual or labour exploitation. This chapter studies Spanish legislation and practice as regards trafficking in and smuggling of human beings. It examines the treatment given to such conduct by administrative law, mainly through the Aliens Act, as well as the regulations included in Spanish criminal law. Nevertheless, undoubtedly the analysis of the Spanish legislation, ultimately endeavours to clarify the numerous unknown factors which currently exist with regard to the extent of the success of the harmonisation process which the EU has begun. This process intends to achieve improved and more effective prosecution of trafficking in and smuggling of human beings, which are the most worrying aspects of inevitable migratory movements towards the industrialised countries in general and the Member States of the EU in particular. Keywords: administrative law; Aliens Act; European Union (EU); smuggling; Spanish criminal law; trafficking