Projet de loi visant à étendre le dol spécial en ce qui concerne le prélèvement ou le fait de permettre le prélèvement d'organes ou de tissus dans le cadre de la traite des êtres humains.
General information ¶
- Submitted by
-
The Senate
- Submission date
- Sept. 12, 2011
- Official page
- Visit
- Status
- Rejected
- Requirement
- Simple
- Subjects
- trafficking in human beings organ transplant criminal law
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB
Contact form ¶
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Discussion ¶
March 21, 2013 | Plenary session (Chamber of representatives)
Full source
Rapporteur Daphné Dumery ⚙
Mr. Speaker, Mrs. Minister, Ladies and Gentlemen, I will briefly report on the work in the committee concerning current draft laws and bills. With these very important changes, we aim to better protect individuals against sexual exploitation, human trafficking and domestic dairy. Although we discuss the various bills and one bill together, I will discuss them separately.
The first draft law amending Article 433quinquies of the Criminal Code in order to extend the definition of human trafficking to sexual exploitation aims to extend the crime of human trafficking to all forms of sexual exploitation. In addition, several amendments addressed the proposal of a special working group of the FOD Justice to bring some provisions in line with the new EU Directive. The draft also clarifies the scope of the crime of human trafficking.
It stresses that other forms of sexual exploitation should also be included in the scope.
It also advocates for an explicit reference to services in circumstances that are contrary to human dignity and should add the aspect of control over a person as part of the crime of human trafficking.
The following amendment aims to bring the Dutch text in alignment with the French text, because coherence is sought.
Another amendment replaces the title of the draft law, as the original title no longer covered the content. Amending Article 433quinquies of the Criminal Code with a view to clarifying and expanding the definition of trafficking in human beings.
The second draft law aims to extend the specific arrangement for the removal of organs or tissue in relation to human trafficking. In 2005, the year of introduction of Article 433quinquies, the legislator could not yet take into account the Act of 19 December 2008 on the acquisition and use of human body material for the purpose of medical application to humans or scientific research.
The draft law aims to criminalize in the area of human trafficking the special arrangement of removing body material.
The Committee notes that the contents of the draft law by the approval of amendment no. 1 amending the first bill was incorporated into that last bill.
The draft law amending article 433decies of the Criminal Code to clarify the ⁇ vulnerable position of a victim of domestic dairy is the last. That bill covers the element of “abuse of the especially vulnerable situation of a victim”. Article 433decies of the Criminal Code also clarifies that the person concerned in fact has no other real and acceptable choice than to be abused. The absence of that choice does not constitute an additional component of the offence, but arises from the vulnerable position of the victim itself and can therefore be omitted from the aforementioned Article 433decies.
As a result of the improvement, Mrs. Becq’s bill was also included in the text. The committee shall unanimously adopt all the draft laws thus improved.