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French Criminal and Administrative Law Concerning Smuggling of Migrants and Trafficking in Human Beings: Punishing Trafficked People for Their Protection?

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Chapter Summary

While the punishment of acts covered by the definition of smuggling of migrants ("SM") started in the 1970's when the French frontiers were closed to labour immigration, only in March 2001 did members of the French Parliament start to deal with trafficking in human beings ("THB") with the aim of protecting human dignity. The French Act criminalising THB was thus drafted in 2003, at the same time that international texts, i.e., UN and European texts, which are at present the main references in THB, were being negotiated and adopted. This chapter analyses the interactions between French and international texts at the origin of the standards governing SM and THB. National and international texts introduce SM and THB as two separate offences, notably distinguished by the interests they protect and by the status granted to smuggled and trafficked persons.

Keywords: administrative Law; criminal; European texts; French Act; labour immigration; protecting human dignity; smuggling of migrants (SM); trafficking in human beings (THB); United Nations (UN)



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