¿Las víctimas de trata pueden tener acceso a la protección internacional? Análisis de las posibilidades de refugio o de protección subsidiaria en la Unión Europea

Abstract

This research responds to the need to systematise access to international protection within the framework of the European Union (EU) for victims of trafficking in human beings, given that neither the 1951 Refugee Convention, nor the 1967 New York Protocol, nor Directive 2011/95/EU deem this criminal activity justifiable cause for such protection. Granting refuge or subsidiary protection to victims of trafficking who are not nationals of an EU Member State, especially after they have been granted protection under EU law, may offer means to assist them, protect them and prevent them from being sent back to their country of origin, which would exponentially increase their risk of being exploited again by trafficking networks. A detailed analysis of eligibility for international protection in this domain shows that, in some cases, the circumstances surrounding the victims of trafficking may justify the recognition of international protection by EU Member States. Each individual case must be assessed and addressed under the established requirements, with particular attention paid to the existence of acts of prosecution and the grounds that motive these acts, as this is the aspect that poses the greatest challenges in relation to the phenomenon of human trafficking.