Scotland's Trafficking and Exploitation Strategy 2025

Annex B: International and national legal context

This section outlines some of the important international and national legislation that guides the Scottish Government’s actions against trafficking and exploitation.

The Palermo Protocol

The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children^[33], known as the Palermo Protocol, was adopted by the UN General Assembly in November 2000 and came into force in December 2003. The Protocol supplements the United Nations Convention against Transnational Organized Crime. The definition of trafficking is contained in Article 3 of the Protocol and was adopted in the European Convention on Action Against Trafficking in Human Beings (ECAT), the only difference being the addition of a definition of ‘victim’ in ECAT.

The European Convention on Action Against Trafficking in Human Beings (ECAT)

The European Convention on Action Against Trafficking in Human Beings (ECAT)^[34] (ECAT), established by the Council of Europe in 2005, aims to combat human trafficking through prevention, victim protection, and the prosecution of offenders. Signatories are required to criminalise all forms of trafficking, provide support and assistance to victims, implement measures to reduce demand, and co-operate internationally to tackle cross-border trafficking. The Convention also establishes independent monitoring through the Group of Experts on Action Against Trafficking in Human Beings (GRETA), which assesses compliance and progress. The UK ratified the Convention in 2008.

Scotland introduced the Human Trafficking and Exploitation (Scotland) Act 2015, which criminalises trafficking and exploitation, imposes penalties, and requires the development of a national anti-trafficking strategy. The Act includes support for victims, such as access to healthcare, accommodation, and legal aid. Section 8 of the Human Trafficking and Exploitation (Scotland) Act places an obligation on the Lord Advocate to make and publish instructions^[35] about the prosecution of a person who is, or appears to be, the victim of human trafficking. These measures align with the Convention’s focus on protecting victims’ rights while holding traffickers accountable.

The Directive 2011/36/EU of the European Parliament and of the Council

The Directive 2011/36/EU of the European Parliament and of the Council^[36] (‘the European Anti-Trafficking Directive’ or ‘ETD’) sets out a unified approach for EU member states to tackle human trafficking. It requires states to criminalise trafficking, impose severe penalties, provide comprehensive support for victims – including access to healthcare, accommodation, and legal assistance – and protects victims from prosecution for crimes committed under coercion. The directive also calls for measures to reduce demand, address vulnerabilities, and train law enforcement and judiciary to effectively combat trafficking. The UK opted in to the Directive in July 2011.

A new EU Directive 2024/712 proposes a series of amendments to existing anti-trafficking Directives. This Directive aims to address evolving trends in the area of trafficking and exploitation. It includes amendments related to early detection, identification and specialised support to victims of trafficking, improvements to data collection systems, and co-operation and co-ordination amongst EU and international states.

Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women^[37] (CEDAW) was adopted in 1979 by the UN General Assembly and consists of 30 articles. It defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Scottish Government has committed to incorporating this convention into Scots law within the limits of devolved competence by bringing forward a Human Rights Bill in the next parliamentary session, subject to the outcome of the 2026 Scottish Parliamentary Election. Article 6 of CEDAW provides that States which are party to that Convention shall “take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women”.

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention)

The Council of Europe Convention on preventing and combating violence against women^[38], also known as the Istanbul Convention, is a human rights treaty. The Convention entered into force on 1 August 2014 and recognises gender-based violence against women as a violation of human rights and a form of discrimination. It requires parties to develop laws, policies and support services to end violence against women and domestic violence. The UK ratified the Istanbul Convention on 21 July 2022, and it entered into force on 1 November 2022.

Implementation of the Istanbul Convention is monitored by an independent Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). Each expert has been appointed by the Council of Europe due to their expertise in the fields of human rights, gender equality, violence against women, or assistance to and protection of victims. The first step of the UK-wide evaluation was a report based on the UK’s response to GREVIO’s questionnaire on the legislative and other measures giving effect to the provisions of the Council of Europe Convention on preventing and combating violence against women and girls (VAWG). The full State report was published in July 2023 and included contributions from the Scottish Government for devolved matters.

Human Trafficking and Exploitation (Scotland) Act 2015

The Human Trafficking and Exploitation (Scotland) Act^[39] (the Act), which was passed unanimously by the Scottish Parliament, introduced two offences: human trafficking; and slavery, servitude, and forced or compulsory labour. Both of these offences carry the possibility of life imprisonment. There is broad cross-party political support for the legislative and policy framework aimed at addressing human trafficking and exploitation in Scotland.

Sections 9 and 10 of the 2015 Act requires Scottish Ministers to secure support and assistance for adult victims of human trafficking where there are reasonable grounds (as determined through the NRM) to believe an adult is a victim of human trafficking and/or slavery, servitude and forced or compulsory labour.

Section 11 imposes a duty on Scottish Ministers to appoint an independent child trafficking guardian (ICTG) for unaccompanied asylum-seeking children who are either suspected of being, or at risk of being, trafficked. Following extensive consultation, the statutory ICTG service launched on 1 April 2023.

Section 35 of the Act also imposes a duty to develop, publish, and regularly review a Trafficking and Exploitation Strategy. The strategy must outline the actions needed to tackle human trafficking and exploitation, identify victims, provide support, and ensure the disruption and prosecution of offenders.

The Act establishes the legal basis for the non-prosecution principle, requiring the Lord Advocate to publish instructions for prosecutors on the circumstances in which individuals who appear to be victims of human trafficking or exploitation should not be prosecuted for offences they were compelled to commit as a direct result of their trafficking or exploitation. For children, it is not necessary to prove that they were forced or compelled to commit a specific act. Instead, the fact that the offence occurred as a result of being trafficked or exploited is sufficient. These instructions are central to ensuring a victim-centred and trauma-informed approach to addressing trafficking in Scotland.

Modern Slavery Act 2015

The Modern Slavery Act 2015^[40] (MSA) is the equivalent legislation in England and Wales designed to combat modern slavery, forced labour, and human trafficking. The MSA consolidates existing offences into a single act and ensures that perpetrators receive proportionate punishments for modern slavery crimes (including life sentences). The MSA also created the role of Independent Anti-Slavery Commissioner (IASC). The IASC has a UK-wide remit to encourage good practice in the prevention of trafficking and exploitation. The MSA also places a duty on the Secretary of State to produce statutory guidance^[41] in England and Wales about victim identification and victim services. Transparency in supply chain provisions within the MSA require businesses across the UK, subject to meeting the turnover threshold, to disclose annually what action they have taken to ensure there is no modern slavery in their operations.

Gangmasters (Licensing) Act 2004

The Gangmasters (Licensing) Act 2004^[42] established the Gangmasters Licensing Authority (GLA). The GLA set up and operated the licensing scheme for labour providers operating in the regulated sectors. It also created the offences of acting as an unlicensed gangmaster and using an unlicensed gangmaster. Regulated sectors include agriculture, horticulture, shellfish gathering, and any associated processing and packaging. In May 2016, the UK Parliament approved a new Immigration Act, which called for the reformation and renaming of the GLA to become the Gangmasters and Labour Abuse Authority (GLAA) and to sit under a new post of Director of Labour Market Enforcement. The GLAA has certain statutory functions in Scotland however they are narrower in scope than is the case in England and Wales. In England and Wales, the GLAA has responsibilities to investigate reports of modern slavery. In Scotland, the primacy for this lies with Police Scotland but the GLAA can offer support to Police Scotland in this activity.

Nationality and Borders Act 2022

The UK Government’s Nationality and Borders Act 2022^[43] intended to make the UK asylum system fairer and more effective, to deter illegal entry into the UK, and to remove those from the UK who had entered illegally. However, while the legislation was designed to address systemic issues and protect vulnerable individuals, its provisions raised concerns regarding their potential impact on victims of human trafficking, including within devolved jurisdictions like Scotland. These concerns remain and we will continue to work with partners to mitigate, where possible, the impacts of this Act.

Illegal Migration Act 2023

Following on from the Nationality and Borders Act 2022, the UK Government’s Illegal Migration Act 2023^[44] (“IMA”) was intended to place a duty on the Secretary of State to remove anyone classed as arriving illegally in the United Kingdom. The Act also removed the power and duties of the Scottish Ministers to provide support to victims of human trafficking and slavery, servitude and forced or compulsory labour under sections 9 and 10 of the Human Trafficking and Exploitation (Scotland) Act 2015, where these individuals were assessed to have entered the UK illegally. In January 2025, the UK Government introduced the Border Security, Asylum and Immigration Bill 2025^[45]. The Bill proposes to repeal some provisions within the IMA, including the duty to remove and changes to Scottish Ministers support functions for victims of human trafficking^[46].

The Nationality and Borders Act 2022 and Illegal Migration Act 2023 are examples where UK Government policy can significantly impact on devolved matters.

Other legislation currently being considered by the UK Parliament, including the Crime and Policing Bill and Employment Rights Bill^[47], may influence the public health approach to human trafficking and exploitation set out within this Strategy.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024^[48]] (the UNCRC Act) incorporated the United Nations Convention on the Rights of the Child directly into Scots law, within the limits of devolved competence. The UNCRC Act makes it unlawful for public authorities, including the Scottish Government, to act incompatibly with the UNCRC requirements as set out in the schedule to the Act when acting under powers derived from Acts of the Scottish Parliament. The UNCRC Act requirements include, amongst others, Articles 19, 32 and 34 which cover the right to protection from exploitation, Article 28, the right to education, and Article 39, the right to physical and psychological recovery and social reintegration of child victims.

In addition, Article 12 (respect for the views of the child) and the principle of acting in the child’s best interest are reflected in the Trafficking Strategy’s commitment to age-sensitive and trauma-informed approaches, ensuring children are heard and that their views are given due weight in decisions affecting their recovery and future.