Artikelpfad: Trafficking and Law »; .

Suchen:

In the moment there are 25 guests online.

Einfach mit PayPal: Ihre Spende an SOLWODI.

What are the problems in prosecuting human trafficking – or, why do so many offenders get away with it?

5. Welfare benefits for victims of human trafficking

1. EU citizens who have been victims of human traffickers have a right to residence in Germany and benefits in line with the Social Security Statute Book SBG II or SGB XII.

2. Citizens of third states who have agreed to give testimony in a criminal case in Germany against offenders and therefore have a residence permit under § 25 Abs.4a AufenthG, are eligible for benefits under the Welfare Law for Asylum-seekers (AsylbLG).

2.1 Initially a national of a third state as defined by § 15a AufenthG is in principle sent to an asylum accommodation centre in the Federal Republic. Depending on how many refugees the German state in which they have been picked up is able to take in, they either remain where they were picked up, or are sent to a refugee centre in another state. If this occurs, the work of the counselling agency that initially assisted the woman after she was picked up by the police is impeded. This continuous counselling has to be broken off and causes the woman additional stress. Women may also be vulnerable to risk from their abusers, who may be housed in the same accommodation centre.

Requirement:
Paragraph 15a of the Residence Act (§ 15 a AufenthG) is inconsistent with the EU’s so-called "Victim protection directive" (Richtlinie 2004/81/EG des Rates), which sets out that the special needs of victims of human trafficking in terms of security and protection should be taken into consideration. There must at the least be a legal provision to ensure from the outset that the women receive immediate and continuous guidance from a professional counselling agency. Secondly, the women cannot be arbitrarily redistributed to the German states’ refugee accommodation centres, but to alleviate their situation they need to have the security of being housed by a counselling agency in secure accommodation, where they can continue to receive assistance.

2.2 The women concerned receive benefits under the Welfare Law for Asylum-seekers (AsylbLG). This applies the principle of priority for non-cash benefits (§ 3 AsylbLG), i.e. welfare is often only provided in the form of vouchers. This provision is deviated from only in exceptional cases. Even if the women are given benefits in money form, it is far too little to cover the cost of legal advice or travel to the counselling agency or for German courses. If they know about the case, professional counselling agencies will intervene and take over the costs.

Health provision under the Welfare Law for Asylum-seekers (AsylbLG) is only guaranteed to cover acute illness and pain. However, many women are traumatised and suffer from physical or mental problems. The necessary psychotherapeutic treatment is often turned down by the authorities because the women’s complaints are not classified as acute emergencies. The authorities’ actions have the effect of worsening the women’s psychosocial situation and reinforcing their role as victims (secondary victimisation). If a woman is to give evidence against traffickers in court, it is important that she is in the most stable physical and mental health possible.

Requirement:
The so-called "victim protection directive" must be also be implemented in the sense that victims of human trafficking must be guaranteed the special medical assistance that they need.

---