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SWEDISH LAWS, POLICIES AND INTERVENTIONS ON PROSTITUTION AND TRAFFICKING IN HUMAN BEINGS: A COMPREHENSIVE OVERVIEW

Authors:
  • Institute for Feminism & Human Rights
Technical Report

SWEDISH LAWS, POLICIES AND INTERVENTIONS ON PROSTITUTION AND TRAFFICKING IN HUMAN BEINGS: A COMPREHENSIVE OVERVIEW

Abstract

New and expanded overview of the Swedish approach to the prevention and elimination of prostitution and trafficking in human beings. Updated February 24, 2018.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
1
SWEDISH LAWS, POLICIES AND
INTERVENTIONS ON PROSTITUTION AND
TRAFFICKING IN HUMAN BEINGS:
A COMPREHENSIVE OVERVIEW
Author
Gunilla S. Ekberg B.S.W., J.D.
Human Rights Legal Researcher
Date
24 February 2018
Contact e-mail address
gsekberg@feminismandhumanrights.org
Overview of the report
The report is designed to give a comprehensive overview of the current legal, policy and
strategical framework on prostitution and human trafficking for the purpose of sexual
exploitation in Sweden, and to provide an analysis of its implementation.
This report aims to describe the Swedish principled gender equality approach to prostitution
and trafficking in human beings for sexual exploitation, and the legal and institutional
framework, preventative efforts, with a particular focus on actions that discourage the
demand, and measures for the support and protection of victims.
Chapter 1 offers a brief historical timeline of the work to prevent and eliminate prostitution
and trafficking in human beings for sexual purposes in Sweden over time (1970-2010) to
draw a picture of the context and development.
Chapter 2 describes the legislative and policy framework addressing prostitution and human
trafficking for sexual purposes in Sweden.
Chapter 3 presents the institutional framework currently in place in Sweden, while chapter 4
discusses the national monitoring and coordination mechanisms for actions against
trafficking in human beings.
Chapter 5 provides information and data on prostitution users.
Chapter 6 describes measures to prevent prostitution and trafficking in human beings with a
short description of concrete actions aimed at increasing public awareness.
Chapter 7 presents an assessment of the impact of the legal framework to prevent and
eliminate prostitution and trafficking in human beings for sexual purposes, and its
enforcement.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
2
Chapter 8 presents up-to-date statistical data on prostitution and trafficking in human beings
for sexual purposes.
Introduction
Trafficking in human beings for sexual purposes is a gender-specific crime and a serious
barrier to gender equality in all societies.
This conclusion is supported by the latest statistical data from the United Nations Office on
Drugs and Crime (UNODC), which indicated that 96% of the identified victims of trafficking
in human beings for sexual exploitation are female. Of the identified male victims of
trafficking, only 6.8% are trafficked for sexual exploitation, with a majority being trafficked
for the purpose of other forms of exploitation. The absolute majority of individuals convicted
of all forms of trafficking in human beings are also male (63%).
1
Gender disaggregated data from European Union’s statistical bureau, Eurostat, over the last
three years confirms that approximately 80% of registered victims of trafficking in human
beings were female. The 2015 Eurostat report shows that “a distinct gender split can be seen
within the different types of exploitation,” with the registered victims of trafficking for sexual
exploitation across the European Union being predominantly female (95 %).
Just as is the case for the global data presented by the UNODC, more than 70 % of suspected
traffickers within the European Union were male, 70 % of prosecutions were of males, and
more than 70 % of convicted traffickers were also male.”
2
Human traffickers exploit to their full advantage the fact that most women, who are victims
of human trafficking, come from the most oppressed and vulnerable groups in society, those
who are educationally, economically, ethnically and racially marginalized and often victims
of prior male sexual and other forms of violence.
The number of cases of trafficking in human beings for sexual purposes in Sweden has been
relatively stable
3
since the introduction of legislation in 2004 that criminalizes trafficking in
human beings. The victims of human trafficking for sexual purposes to, through and within
Sweden are almost without exception women and girls, mainly in the ages between 16-40
years of age, with some younger girls also falling victims.
4
1
UNODC, Global Report on Trafficking in Persons (Vienna: UNODC, 2016) at 23 – 27 and
33.
2
Eurostat, Trafficking in Human Beings: Statistical Working Paper (Luxemburg:
Publications Office of the European Union, 2015) at 10-12.
3
Since 2015, an increasing number of cases were reported in Sweden, of migrant and refugee
women and girls, victims of trafficking in human beings for sexual purposes, where the
exploitation took place outside of Sweden. E.g. in 2015, of the 58 reports of trafficking in
human beings for sexual purposes, 20 were made by the Migration Agency, half of which
were committed in another country. See: National Rapporteur on Trafficking in Human
beings, Lägesrapport 17 – Människohandel för sexuella och andra ändamål (Stockholm,
Sweden: November 2016).
4
National Rapporteur on Trafficking in Human Beings, Lägesrapport 18 - Människohandel
för sexuella och andra ändamål (Stockholm, Sweden, November 2017).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
3
International research shows that the overwhelming majority of prostitution users are male,
5
of all ages, the majority being married or in a relationship, and have children, are often well-
educated and earn a medium to high income.
6
Prostitution users indicate that they like to read
or discuss all aspects of prostitution-related activities in online forums tailored to individuals,
who purchase sexual services.
7
When asked about what would make them refrain from
buying a sexual service, men highlight two measures: public exposure or a legal prohibition.
8
The impact on the victims of prostitution and trafficking in human beings for sexual purposes
is devastating. Women, who are victims of prostitution and/or have been trafficked for the
purpose of sexual exploitation, experience physical, psychological and sexual harm that has
lifelong consequences. Prostitution and trafficking in women for sexual purpose is also a
gross violation of women’s human rights, their human dignity and their right to bodily and
psychological integrity.
Women, who escape from traffickers or pimps or, who courageously agree to testify against
the perpetrators, often run a serious risk of retaliation; to themselves, to their families and to
their friends. Many women, who return to their home countries, may find themselves
unprotected, isolated and further discriminated against due to misconceptions in the society
around them.
9
The long-term effects for women of having been exploited through prostitution, in addition to
health and psychological consequences, include financial precariousness, difficulty to access
educational opportunities, and low employment rates.
Chapter 1: Brief historical timeline for the work to prevent and eliminate prostitution and
trafficking in human beings for sexual purposes in Sweden (1970-2010)
In the late 1960s, and early 1970s, a new public debate took place in Sweden and
internationally about sexual relations and power differences between men and women. The
debate led to new insights and new initiatives to strengthen and ameliorate the position of
women in society, address discrimination of women in all areas of society, and a commitment
to counteract male violence against women.
5
See e.g.: Immigrant Council Ireland et al., Stop Traffic! Tackling Demand for Sexual
Services of Trafficked Women and Girls (Dublin, Ireland: ICI, 2014) at 32: “The
overwhelming majority of buyers, who participated in the survey were male. The results from
the online survey show that 98 per cent of respondents in Ireland were male, 93 per cent were
male in Cyprus and 92 per cent in Finland. All of the interviewees in Bulgaria and Lithuania
were male buyers.”
6
See e.g. Ekberg, Gunilla S. and Werkman, Karin, A Snapshot Study on the Prevalence,
Laws, Policies and Practices regarding Prostitution and Trafficking in Human Beings for the
Purpose of Sexual Exploitation in Belgium (Brussels, Belgium: SORBUS Research, 2016).
7
Supra, at 111.
8
Supra, at 109; Stop Traffic! Tackling Demand for Sexual Services of Trafficked Women
and Girls at 72-73; Kafa (Enough) Violence & Exploitation, Exploring the Demand for
Prostitution: What Male Buyers Say about Their Motives, Practices, and Perceptions (Beirut,
Lebanon: Kafa, 2014) at 57.
9
Ekberg, Gunilla S. Nordic Baltic Campaign against Trafficking in Women – Final Report
(Copenhagen, Denmark: Nordic Council of Ministers, 2004) at 3.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
4
During the 1970s and 1980s, feminists, including women with lived experiences of
prostitution, together analyzed women’s position in Swedish society and how men, through
the exercise of power using different forms of violence against women, maintained the
subordinate position of women, including by those men, who paid for and exploited the most
marginalized women and children, mostly girls, for prostitution purposes.
The initiative to criminalize those men, who attempt to and/or purchase sexual acts/services,
originated in the feminist political discussions within the Swedish women’s movement in the
early 1970’s, and was eventually carried forward, in the late 1990’s, by the women’s
associations of most of the political parties.
In 1976, a proposal for new legislation on sexual offenses was tabled.
10
In 1977, the Government appointed a Commission of Inquiry, with the objective to
investigate the issue of prostitution. During the course of this Inquiry, and building on a
feminist analysis, women with experience in prostitution voiced their lived realities, and
emphasized the central role of men in prostitution, as procurers, as traffickers, and as
prostitution users. The demand as a root cause of prostitution was considered. The outcomes
of this Inquiry were presented in a report in 1981, with the overall conclusion that
prostitution is incompatible with gender equality, and with the political ambitions to create a
gender equal society in Sweden.
11
In 1980, Sweden signed and ratified the United Nations Convention for the Elimination of
All Forms of Discrimination against Women (CEDAW), thereby making a binding
commitment to “take all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.”
12
In 1993, the United Nations Declaration on the Elimination of Violence against Women was
adopted by the General Assembly, with the definition of violence against women being
incorporated into Swedish policies on gender equality, prostitution and trafficking in human
beings for sexual purposes in the early 2000’s:
Violence against women is a manifestation of historically unequal power relations
between men and women, which have led to domination over and discrimination
against women by men and to the prevention of the full advancement of women, and
that violence against women is one of the crucial social mechanisms by which women
are forced into a subordinate position compared with men.
13
In May 1998, a Government Bill on violence against women was presented to the Swedish
Parliament, which, among other actions aimed at addressing male violence against women,
10
Sexuella övergrepp: Förslag till ny lydelse av brottsbalkens bestämmelser om
sedlighetsbrott (SOU 1976:9).
11
Prostitutionen i Sverige: Bakgrund och åtgärder (SOU 1981:71).
12
Convention for the Elimination of All Forms of Discrimination Against Women
(CEDAW): Sweden signed the CEDAW on 7 March 1980, and ratified it on 2 July 1980.
13
United Nations Declaration on the Elimination of Violence against Women (1993).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
5
proposed the criminalization of the purchase of sexual services.
14
The Bill was the outcomes
of two Commissions of Inquiry - the Commission on Prostitution, and the Commission on
Violence against Women; both inquiry reports were presented in 1995.
15
The resulting Act on Violence against Women (“Kvinnofrid”) included several amendments
to laws related to male violence against women, including a strengthened sexual harassment
offence, and a new crime penalizing repeated instances of male violence against a woman in
an intimate relationship.
It also outlined the principles underlying the legal and policy measures and strategies to
prevent and combat male violence against women, and appointed monitoring mechanisms
with the tasks to follow the implementation and to report regularly to the Government with
recommendations.
16
In 1998, as the first in Europe, a National Rapporteur on Trafficking in Human Beings was
appointed by the Government, following the recommendations in The Hague Ministerial
Declaration of April 1997.
17
On 1 January 1999, the law that prohibits the purchase of sexual services came into force.
18
In 2000, Sweden signed and ratified the United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, Supplementing the United
Nations Convention against Transnational Organized Crime (“The Palermo Protocol”).
19
In 2000, the Government made the implementation of the reformed prostitution laws,
including the law that criminalized the purchase of sexual services, and the development and
implementation of further comprehensive policies and strategies across all policy areas in
relation to prostitution and trafficking in human beings for sexual purposes, a political
priority.
In 2001, the Swedish Government appointed a special advisor on prostitution and trafficking
in human beings based in the Government Division on Gender Equality, who was charged
with the task to develop and coordinate a multitude of actions within the Government, and
with the responsible public agencies, including the National Police, and with specialized
social services agencies, women’s equality-seeking associations, and other civil society and
14
Government Bill, Kvinnofrid (prop. 1997/98:55 - the Violence Against Women Act).
15
SOU 1995:15, Könshandeln: Betänkande av 1993 års prostitutionsutredning, and SOU
1995:60, Kvinnofrid: Slutbetänkande av Kvinnovåldskommissionen.
16
See e.g. Ekberg, Gunilla S., “The Swedish Law that Prohibits the Purchase of Sexual
Services: Best Practices for Prevention of Prostitution and Trafficking in Human Beings”
(2004) 10 Violence Against Women 1187 (Sage Publications).
17
The Hague Ministerial Declaration on European Guidelines for Effective Measures to
Prevent and Combat Trafficking in Women for the Purpose of Sexual Exploitation (24-26
April 1997). Online at: http://www.legislationline.org/documents/action/popup/id/8747
18
Lag (1998:408) om förbud mot köp av sexuella tjänster. Online at:
https://beta.lagrummet.se/rinfo/publ/sfs/1998:408/konsolidering/1999-01-01
19
Sweden signed the Palermo Protocol on 12 December 2000, and ratified it on 1 July 2004.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
6
human rights organizations, and to oversee their implementation. This work continued until
2007.
In 2001, the Nordic and Baltic Ministers for Gender Equality, under the auspices of the
Nordic Council of Ministers,
20
agreed to plan and carry out a joint information and awareness
campaign during year 2002 (see below for details).
On 1 July 2002, comprehensive legislation that imposed criminal liability for trafficking in
human beings for sexual purposes entered into force in Sweden.
In mid-July 2002, after intensive negotiations between European Union Member States, a
Council Framework Decision on combating trafficking in human beings (2002/629/JHA)
21
was passed, requiring Member States to pass legislation that criminalize trafficking in human
beings for sexual and labour purposes.
In 2005, the Council of Europe Convention on Action against Trafficking in Human Beings
was signed by Sweden. Sweden was key to the inclusion of two articles focusing on the
prevention and prohibition of the demand.
22
In 2011, the Council Framework Decision was replaced by the Directive 2011/36/EU of the
European Parliament and of the Council of 5 April 2011 on preventing and combating
trafficking in human beings and protecting its victims.
23
Article 18 of the Framework Decision focuses on prevention measures, including to
discourage the demand, but with (4) deviating from article 9.5 of the United Nations Palermo
Protocol,
24
by:
a. not making it mandatory for Member States to pass criminal law against the demand,
b. making it a requirement that knowledge by the perpetrator that the individual is a
victim of human trafficking is an element of such an offence.
25
20
The Nordic Council is a regional, intra-governmental association, which was formed in
1952 to promote cooperation between the five Nordic countries. The Nordic Council of
Ministers, which is the official body, was founded in 1971. Online at: http://nmr.org
21
See: Eur-lex, online: http://eur-lex.europa.eu/legal-
content/EN/TXT/HTML/?uri=CELEX:32002F0629&qid=1511278403351&from=EN
22
Sweden signed the Council of Europe Convention on 16 May 2005, and ratified the treaty
on 31 May 2010. Articles 6 and 19 focus on measure to discourage the demand.
23
See: Eur-lex, online: http://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX:32011L0036
24
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime (15 November 2000). Online at:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtocolTraffickingInPersons.aspx
25
Article 18 (4): “In order to make the preventing and combating of trafficking in human
beings more effective by discouraging demand, Member States shall consider taking
measures to establish as a criminal offence the use of services which are the objects of
exploitation as referred to in Article 2, with the knowledge that the person is a victim of an
offence referred to in Article 2.” [Italics author].
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
7
Chapter 2: Legislative and policy framework
Principles
Swedish laws, policies, strategies and actions to prevent and prostitution and human
trafficking rest firmly on international feminist and human rights principles.
Importantly, this work is part of the larger, ongoing feminist struggle to eliminate all forms of
discrimination against women and girls, with the recognition that prostitution and trafficking
in human beings are some of the many tools of male oppression that are directed towards
women and girls. Consequently, prostitution and trafficking in human beings for sexual
purposes, like other forms of male violence against women and girls, are crucial political,
social and economic mechanisms by which women and girls are forced into a subordinate
position compared to men and boys.
These human rights violations are serious barriers to the participation of women and girls in
society, to women’s and girls’ citizenship, and to the full advancement of women and girls in
a democratic and non-discriminatory society.
Politically, the work to eliminate prostitution and trafficking in human beings for sexual
purposes is part of the overall actions, through laws, policies, strategies and concrete
measures to ensure and mainstream substantive gender equality in Sweden.
26
In concrete
terms, it is recognized that to be successful it is not sufficient, albeit also necessary, to solely
focus on different actions, whether legal, strategical and practical that eliminate prostitution
and trafficking in human beings.
This work must be, and is incorporated into of the overall systemic, multiple efforts to ensure
and mainstream, throughout all political areas, comprehensive and equal rights and
opportunities of all women and girls, including to ensure their full access, without
discrimination, to reproductive rights and services, education and employment, economic
stability, and to political power and participation.
27
The legislation that prohibits the purchase of a sexual service came into being as one in a
series of preventative laws and measures aimed specifically at the protection of vulnerable
women and girls against serious acts of sexual violence. The aim was also to create a society
where the culture of domination through prostitution is transformed into a culture where the
human rights of all women and girls are protected.
26
Substantive gender equality means that women have a right to differential treatment when
a law, policy, strategy or action that on its face is gender neutral, has a disproportional and
disadvantageous impact on women. It requires identification and an in-depth analysis of
power differences between men and women in society, and the effects and impact of these
differences to determine whether they are discriminatory, and to set the goal to transform
these conditions. The strategy for achieving this goal involves removing all barriers e.g.
through the introduction of temporary special measures to advance women’s and girls’
position in society, rather than solely secure equal right. See e.g. Gunilla S. Ekberg, Course
material for undergraduate/graduate courses on Sex Trafficking: From Global to Local,
Global College, University of Winnipeg, Manitoba, Canada (2014-2017).
27
In line with Sweden’s international obligations under the CEDAW.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
8
In Sweden, it is understood that any society that claims to defend principles
of legal, political, economic, and social equality for women and girls must
reject the idea that women and children, mostly girls, are commodities that
can be bought, sold, and sexually exploited by men. To do otherwise is to
allow that a separate class of female human beings, especially women and
girls who are economically and racially marginalized, is excluded
from these measures, as well as from the universal protection of human
dignity enshrined in the body of international human rights instruments
developed during the past 50 years.
28
The following fundamental principles underlie the actions in Sweden to prevent and
eliminate prostitution and trafficking in human beings for sexual purposes.
Barrier to gender equality, and male violence
Prostitution is understood as a serious barrier to gender equality, which is harmful to the
prostituted woman or child, but also to society at large.
Prostitution is male sexual violence against women, especially targeting those, who are
economically, racially or ethnically marginalized/discriminated.
Prostitution is incompatible with internationally accepted principles of human rights: the
dignity and worth of the human person and the equal rights of men and women.
Prostitution is a gender-specific crime; a majority of victims are women and girls, although a
number of young men and boys are also targeted by prostitution users.
Prostitution and trafficking in human beings for sexual purposes are understood as human
rights violations and crimes that cannot, and should not be separated; both are harmful
practices and intrinsically linked.
Principles on victim support, protection and systemic actions
Women and others in prostitution are not to be criminalized or subjected to any form of
administrative punishments, and have a right to live lives without being subjected to violence
through the harm of prostitution.
To end prostitution and human trafficking for sexual purposes, the political, social, legal and
economic conditions under which women and girls live should be ameliorated by introducing
measures such as poverty reduction, sustainable development, measures that promote gender
equality and counteract male violence against women and girls, as well as social programs
focusing specifically on women and girls.
Principles to discourage the demand
28
See e.g. Ekberg, Gunilla S. (2004).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
9
Eliminating the demand as the root cause of prostitution and trafficking in human beings for
sexual purposes is a cornerstone of Swedish policies. It is
understood that if men did not consider it their incontrovertible
right to buy and sexually exploit women and children,
prostitution and trafficking in human beings for sexual purposes
would not occur.
Consequently, the legislation, policies and strategies that aim to
discourage the demand are primarily designed to ensure that
men take criminal, ethical and normative responsibility for their
own and other men’s oppressive sexual behaviour, and
importantly, cease their conduct.
Policies to eliminate the international expansion of the prostitution industry
Importantly, all forms of legal or policy measures that legalize different prostitution
activities, such as brothels, strip clubs and massage parlours, or that decriminalize the
perpetrators of the prostitution industry, including pimps, traffickers, brothel owners, and
buyers, are considered threats to gender equality and the human rights of women and girls to
live their lives free of male violence. The legalization of prostitution activities will inevitably
normalize an extreme form of sexual discrimination and violence and strengthen male
domination of all female human beings.
The underlying principles are mainstreamed through all political policy areas, and are set out
in different core documents including in the Kvinnofrid Government Bill (1998),
29
and in the
National Action Plan for Gender Equality (2002-2006).
30
Selected policy documents
National strategy against men’s violence against women (2017-2026)
In January 2017, the Government launched a national, feminist strategy to prevent and
combat men’s violence against women, combined with a comprehensive program of
measures, and a focus on capacity building and collaboration between stakeholders.
The underlying presumption of the strategy is that prostitution and trafficking in human
beings for sexual purposes are forms of men’s violence against women and girls, with the
same root cause; systemic power differences between men and women in society.
31
Measures directed toward the prevention and elimination of prostitution and trafficking in
human beings for sexual purposes have yet to be presented.
Swedish Foreign Service action plan for a feminist foreign policy (2015-2018)
29
Supra, Kvinnofrid (Prop. 1997/98:55).
30
Jämt och ständigt: Regeringens jämställdhetspolitik och handlingsplan för mandatperioden
(Skr.2002/03:140). Online at: http://www.regeringen.se/sb/d/108/a/2069
31
Government Communication, Makt, mål, och myndighet: feministisk politik för en
jämställd framtid (Skr. 2016/17:10). Online at:
http://www.regeringen.se/rattsdokument/skrivelse/2016/11/skr.-20161710/
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
10
In 2015, the Swedish Government introduced an action plan for a feminist foreign policy,
with six long-term objectives, including the aim to strengthen the human rights of women and
girls, who are refugees or migrants, to intensify the work for sexual and reproductive rights,
and to combat violence against women and girls in close relationships. The work to prevent
and combat trafficking in human beings is a prioritized area.
32
As was stated by the Minister
for Foreign Affairs at the launch of the Action Plan:
Equality between women and men is a fundamental aim of Swedish foreign
policy. Ensuring that women and girls can enjoy their fundamental human
rights is both an obligation within the framework of our international
commitments, and a prerequisite for reaching Sweden’s broader foreign
policy goals on peace, and security and sustainable development.
33
National action plan on trafficking in children
In February 2014, the Government presented a communication to the Parliament with the aim
to strengthen the rights of children in Sweden and integrate the best interest of the child in all
measures. This document includes a large variety of measures, and an action plan for the
protection of children against human trafficking and other forms of exploitation.
The action plan aims to increase the understanding by public authorities, professionals, the
public, and children themselves about the risks for children to become victims of human
trafficking, exploitation and sexual abuse, increase the effectiveness of protection measures,
and improve the contributions of Swedish public authorities to the international cooperation
for the protection of children from human trafficking, exploitation and sexual abuse.
34
All measures were to be carried out during 2014-2015, and to be reported no later than at
year end of 2015.
National action plan on prostitution and trafficking in human beings for sexual purposes
In July 2008, a national action plan for the prevention and combating of prostitution and
human trafficking for sexual purposes was adopted, covering 36 separate measures, mainly
directed to public agencies, in five priority areas:
Protection and support for people at risk;
Prevention;
Higher standards and greater efficiency in the justice system;
Increased national and international cooperation; and
Higher level of knowledge and awareness in general.
32
Swedish Foreign Service Action Plan for a Feminist Foreign Policy (2015-2018). Online
at:
http://www.government.se/4990fa/contentassets/bca76b4547ad46fb929ece47e7cfe26d/swedi
sh-foreign-service-action-plan-for-feminist-foreign-policy-2015-2018-including-focus-areas-
for-2017.pdf
33
Statement of Foreign Policy to the Riksdag 15 February 2017. Online
at: http://www.government.se/statements/2017/03/statement-of-government-policy-in-the-
parliamentary-debate-on-foreign-affairs-2017/
34
Regeringens skrivelse 2013/14:91: Åtgärder för att stärka barns rättigheter och
uppväxtvillkor i Sverige (20 February 2014) at 95. Online at:
http://www.regeringen.se/rattsdokument/skrivelse/2014/02/skr.-20131491-/
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
11
The Government set aside SEK 213 million over three years to ensure the implementation of
the proposed measures.
35
In February 2018, the Government released a new national action plan, which incorporates as
central the principles of gender equality, ending violence against women, ensuring equal
opportunities for women and men, and their right to bodily integrity, international human
rights value including those of the Convention on the Rights of the Child with a focus on the
best interest of the child in the development and implementation of the action plan.
The action plan includes 38 separate measures in eight priority areas involving ten public
authorities:
Strengthened collaboration between public agencies and other actors;
Strengthened preventative work
Increased capacity to discover prostitution and trafficking in human beings;
Legislative measures;
Stronger protection and assistance to victims;
More effective law enforcement;
Strengthened knowledge and methodology development.
Increased international cooperation.
The national action plan is not accompanied by any earmarked funding.
36
Legal framework
Legislation against trafficking in human beings
On 1 July 2004, and to fully comply with the United Nations Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, amendments were made
to the existing human trafficking legislation. The amendments extended criminalization to all
forms of trafficking in persons, including trafficking within national borders and for
additional purposes such as forced labour, war service and exploitation for the removal of
organs.
37
In 2005, the National Rapporteur on Trafficking in Human Beings recommended, based on
consultations with law enforcement, prosecutors and other key informants, that the
Government amend the anti-trafficking legislation to facilitate its implementation. The
35
Government Communication, Handlingsplan mot prostitution och handel med människor
för sexuella ändamål (Skr. 2007/08:167). Online at:
http://www.regeringen.se/49b70e/contentassets/149560f55fcd4c0c9a77e86da272be4d/handli
ngsplan-mot-prostitution-och-manniskohandel-for-sexuella-andamal-skr.-200708167
36
Government Decision, Ministry of Social Affairs, Handlingsplan mot prostitution och
människohandel (2018-02-08 nr II:1). Online at:
http://www.regeringen.se/492162/contentassets/24797d74f0bf447998138bc6b18aadb9/handli
ngsplan-mot-prostitution-och-manniskohandel.pdf
37
Ett utvidgat straffansvar för människohandel (Prop. 2003/04:111). Online at:
https://www.riksdagen.se/sv/dokument-lagar/dokument/proposition/ett-utvidgat-straffansvar-
for-manniskohandel_GR03111
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
12
National Rapporteur cited the complexity of the legislation, which lead to recurring
misinterpretations by the courts, and to low conviction rates.
38
In 2006, the Government appointed an Expert Commission with the task to develop and
strengthen the existing anti-trafficking legislation. In April 2008, the Government approved
the recommendations set out in the Expert Commission report, and amendments to the
legislation were made in May 2010, as follows:
A person, who in other cases than those referred to Section 1, uses unlawful coercion,
deception, exploits someone´s vulnerability or by some other improper means
recruits, transports, transfers, harbours or receives a person in order that he or she
shall be exploited for sexual purposes, the removal of organs, military service, forced
labour or other activities in a situation which places that person in distress, shall be
convicted of trafficking in human beings and sentenced to a prison term of at least
two and at most ten years.
A person who commits an act referred to in first paragraph against a person who is
under eighteen years of age shall be convicted of trafficking in human beings even if
none of the improper means set out therein have been used.
If an offence referred to in the first and second paragraphs is less serious, the sentence
shall be a prison term of at most four years.
39
In October 2016, the Commission of Inquiry into Trafficking in Human Beings presented
additional proposals for amendments to the Penal Code provision on trafficking in human
beings, including removal of the requirement to establish the existence of a particular power
relationship between perpetrator and crime victim.
The protection of vulnerable children under the offence would also be strengthened in
relation to the knowledge of the perpetrator of the actual age of the child, in line with the best
interest of the child. In addition, the Commission proposed a new offence to broaden the
criminal liability for the exploitation of a person’s vulnerability for sexual and other
purposes, and a second offence, the improper financial exploitation of another.
This offence would target individuals that take advantage of a person’s vulnerable financial
situation, lack of knowledge or position of dependency to carry out an act that would bring a
profit to the perpetrator and harm to the victim.
40
The proposals have been submitted for wide
consultation, and are currently under consideration by the Government.
Procuring
38
National Rapporteur Against Trafficking in Human Beings, Lägesrapport 7 -
Människohandel för sexuella ändamål (Stockholm, Sweden: National Police, 2005).
39
Swedish Penal Code, Chapter 4: On Crimes against Liberty and Peace, section 1(A), and
Lag om ändring i brottsbalken (SFS 2010:371). Online at:
https://beta.lagrummet.se/rinfo/publ/sfs/2010:371
40
Ett starkt straffrättsligt skydd mot människohandel och annat utnyttjande av utsatta
personer (SOU 2016:70). Online at:
http://www.regeringen.se/pressmeddelanden/2016/10/ett-starkt-straffrattsligt-skydd-mot-
manniskohandel-och-annat-utnyttjande-av-utsatta-personer/
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
13
Procuring is an offence under the Penal Code, and applies to any prostitution-related
activities, such as the keeping of a brothel, the promotion of street prostitution, or escort
services:
41
A person who promotes or improperly financially exploits the casual sexual relations
for payment of another person shall be sentenced for procuring to imprisonment for at
most four years.
A person who, holding the right to the use of premises, grants the right to use them to
another in the knowledge that the premises are wholly or to a substantial extent used
for casual sexual relations for payment and omits to do what can reasonably be
expected to terminate the granted right, he or she shall, if the activity continues or is
resumed at the premises, be considered to have promoted the activity and shall be
sentenced pursuant to the first paragraph.
If the crime referred to in the first or second paragraphs is considered gross, the
person shall be convicted of gross procuring and sentenced to imprisonment of at least
two and at most eight years.
When assessing whether the crime is gross, special consideration shall be given to
whether the crime involved an activity, which was pursued on a larger scale, resulted
in significant gains, or involved ruthless exploitation of another. (Law 2005:90)
42
Prohibition of the purchase of a sexual service
On 1 January 1999, as the first country in the world, Sweden passed legislation that prohibits
the purchase of a sexual service. The legislation was later incorporated into the Penal Code as
a criminal law offence, with the following wording:
A person who, in other cases than previously stated in this chapter, obtains a
casual sexual relation in exchange for payment shall be sentenced for the
purchase of a sexual service to a fine or imprisonment for at the most one
year.
What is stated in the first paragraph also applies if the payment has been
promised or made by someone else.
43
The offence applies to all forms of sexual services, whether they are purchased on the street,
in apartment brothels, in a hotel or a massage parlour, in someone’s home, or in other similar
circumstances. Attempts to purchase a sexual service are also punishable under the criminal
law provision.
44
The offence also criminalizes the act by a third person or group of individuals, who purchase
a sexual service for someone else. This situation can e.g. occur when a sexual service is
offered as a gift to a future groom in the context of a stag party, or when businesses offer a
sexual service as a business benefit for male business associates.
41
Brottsbalk (1962:700). Online at: http://www.lagboken.se/dokument/Lagar-och-
forordningar/903/Brottsbalk-1962_700?pageid=64855&search=koppleri
42
Penal Code, Chapter 6: On Sexual Crimes, section 12.
43
Penal Code, Chapter 6: On Sexual Crimes, section 11.
44
See also: Ekberg, Gunilla S. (2004).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
14
On 1 July 2011, amendments to the offence came into force. The amendments included an
increase in the maximum sentence from six months to one year in prison.
The purpose of the increase of the penalty scale was to allow a more nuanced assessment by
the courts in aggravated cases of the purchase of sexual services e.g. when the prostitution
buyer uses excessive force, or infringes upon the dignity of the victim through humiliating
acts, or if he has purchased sexual services several times.
As a result of the increase in penalty scale, the opportunities for law enforcement to
apprehend and arrest prostitution users were also expanded. Law enforcement is allowed to
use mobile phone dumping to establish how and through which medium prostitution users are
able to contact the organizers of the prostitution users, meet up with their victims, and
sometimes the method of payment.
The Government underlined in its Bill that the ultimate aim of the legislation is to protect
both individual and societal interests, and hence, that prostitution is a crime, not only towards
the affected individuals, but also against public order, and society at large.
Notably, the legislation was designed to intervene against prostitution by discouraging men
from the purchase of sexual services, while provide specialized exit support and protection to
those women exploited through prostitution activities. Access to effective support and exiting
services for victims is considered essential to the success of the law along with services for
prostitution users in order for them to put an end their harmful behaviour.
45
The prohibition against the purchase of a sexual service applies to Swedish peacekeepers
stationed abroad,
46
and has been implemented a number of times against military personnel
exploiting women through prostitution in countries involved in armed conflict, such as in
Kosovo in 2002.
In October 2014, the then newly elected Social Democrat/Green Party Government coalition
made a commitment in its Statement of Government Policies
47
to criminalize purchases of a
sexual service outside Sweden by a Swedish resident, whether or not the country has a
similar criminal law provision, and to allow prosecution of these crimes in Sweden.
On 30 January 2015, the Minister of Justice formally assigned the task to the Commission of
Inquiry into a strong criminal law protection in cases of trafficking in human beings and the
purchase of a sexual act from a child, with a sole investigator appointed in 2014, to consider
45
Government Bill - Skärpt straff för köp av sexuell tjänst (Prop. 2010/11:77) (20 January
2011). Online at:
http://www.regeringen.se/contentassets/deb7e6f8c8484bca8ff0ed0f2f179420/skarpt-straff-
for-kop-av-sexuell-tjanst-prop.-20101177
46
According to the Penal Code, Chapter 2: On the Applicability of Swedish Law, section
3(2): “Even in cases other than those listed in section 2, crimes committed outside the Realm
shall be adjudicated according to Swedish law and by a Swedish court: for example, 3. if the
crime was committed in the course of duty outside the Realm by a person employed in a
foreign contingent of the Swedish armed forces or a foreign contingent of the Swedish police
force.”
47
Regeringsförklaringen (3 oktober 2014). Online at:
http://www.regeringen.se/contentassets/436960c05f524109b8a020b879efd76b/regeringsforkl
aringen-3-oktober-2014
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
15
whether individuals, who purchase sexual services outside Sweden, could and should be
prosecuted in Swedish courts.
48
An interim Inquiry report, which was presented in June 2016, recommended that the
exception to the dual criminality requirement
49
should not be introduced, despite the prior
commitment by the Government to extend the application of the offence to Swedish
residents, who purchase sexual services beyond the borders of Sweden. The reason given for
this proposal focuses on the lack of consensus internationally as to whether the purchase of a
sexual service should be criminalized.
50
Notably, the Inquiry report also included a recommendation that the penalty provision be
amended, with the offence to be split into two tiers, and the introduction of a gross offence of
the purchase of a sexual service.
51
The interim report contained a strongly worded, dissenting opinion authored by the Inquiry
expert members
52
criticizing several recommendations with a focus on the proposal to
introduce a two-tier offence; one offence of the normal degree and a second, gross purchase
of a sexual service offence. The experts argued that there is a considerable risk that law
enforcement and the justice system would focus their interventions solely on the offence with
a higher penalty scale. The normative effects of the offence (as set out in the original
legislative travaux) would be also negatively affected, and overall, purchases of sexual
services and prostitution would be considered as less serious crimes.
53
The Government has yet to respond to the recommendations in the interim report on this
particular issue.
Barrier to the establishment of traffickers and procurers in Sweden
According to the National Rapporteur on Trafficking in Human Beings, there is firm
evidence that the legislation that prohibits the purchase of a sexual service functions as a
barrier against the establishment of traffickers and pimps in Sweden and deters the
establishment of organized crime networks and groups.
54
48
Tilläggsdirektiv till Utredningen om ett starkt straffrättsligt skydd vid människohandel och
köp av sexuell handling av barn (Ju 2014:22) Dir. 2015:6 (29 January 2015). Online at:
https://www.regeringen.se/sb/d/19837/a/253523
See also: Pressrelease: Lagföring i Sverige av sexköp utomlands ska utredas (30 January
2015). Online at: https://www.regeringen.se/sb/d/19725/a/253662
49
This means that for a Swedish court to be competent to sentence a person for a crime
committed in another country, the act must be a criminal offence in both Sweden and the
other country.
50
Supra, at 106.
51
Supra, at 93.
52
The expert member group included prosecutors, police, academic researchers, and
representatives of public authorities.
53
Supra, at 307.
54
Swedish Institute, Selected Extracts of the Swedish Government report SOU 2010:49 - The
Ban against the Purchase of Sexual Services: An Evaluation 1999-2008 (Stockholm, Sweden:
Swedish Institute, November 2010) at 9. Online at: https://ec.europa.eu/anti-
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
16
In 2009, a joint Nordic research study concluded that the situation concerning prostitution
and trafficking is different in Sweden compared to that in the other Nordic countries due to
the effective implementation of its legislation on prostitution – in particular, the offence that
prohibits the purchase of a sexual service - and trafficking in human beings.
The study showed that trans-national trafficking for sexual purposes from several countries
into Sweden, particularly from Eastern and Southern Europe still exists. However, “no large
groups of foreign women have established themselves in the visible prostitution market,
contrary to what is the case in Norway, Finland and Denmark.”
55
Prohibition of the purchase of a sexual act from a child under 18 years of age
The purchase of a sexual act from a child under 18 years of age is also prohibited.
Anyone who induces a child under the age of 18 to carry out or tolerate a sexual act in
exchange for payment, shall be shall be sentenced for the purchase of a sexual act to a
fine or imprisonment for at the most two years.
What is stated in the first paragraph also applies if the payment has been promised or
made by someone else.
56
As part of the amendment
57
to the sexual offences legislation on 1 July 2013, this provision
was further strengthened, allowing prosecution in Sweden of someone, resident in Sweden,
who purchases a sexual act from a child under 18 years of age in a country where such
conduct is not prohibited.
Victim legal, protection and support measures
Legislation on legal advocates
A legal advocate (lawyer), who is charged with supporting a victim during the judicial
process, including through applications for court-directed compensation, is appointed to all
victims of procuring and human trafficking, who testify against the organizers and facilitators
of the trade.
58
The Aliens Act; time-limited, extendable residence permits
trafficking/sites/antitrafficking/files/the_ban_against_the_purchase_of_sexual_services._an_e
valuation_1999-2008_1.pdf
55
Holmström, Charlotta m.fl., Prostitution i Norden: en forskningsrapport (Köpenhamn,
Danmark: Nordiska ministerrådet, 2009). Online at: http://norden.diva-
portal.org/smash/get/diva2:702704/FULLTEXT01.pdf
56
Penal Code, Chapter 6: On Sexual Crimes, section 9.
57
Government Bill, En skärpt sexualbrottslagstiftning, Prop. 2012/13:111. Online at:
http://www.regeringen.se/sb/d/108/a/211292
58
Lag (1988:609) om målsägandebiträde. Online at:
http://www.notisum.se/rnp/sls/lag/19880609.htm
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
17
Time-limited, for at least six months, residence permits with a 30-day reflection period, may
be issued to a victim or a witness of human trafficking for any purpose in order to conclude a
preliminary investigation or the main proceedings in a criminal case.
59
In 2013, the Migration Agency granted 61 temporary residence permits to victims or
witnesses of human trafficking; 25 were women and 35 were men.
60
In 2014, the Migration Agency granted 64 such permits, of which 22 involved permits for a
30-day reflection period, an increase from 2013 with 12 permits. Of the 64 permits, 48
involved individuals that were believed to be victims of trafficking in human beings.
61
In 2015, the Migration Agency issued 50 time-limited residence permits. Of these, 12 were to
allow the applicants a 30-day reflection period, and 29 permits involved victims/witnesses in
human trafficking cases, of which two were minors. The total number of temporary residence
permits for witnesses/victims of human trafficking decreased compared to previous year.
62
In 2016, 25 time-limited, temporary residence permits were granted to victims or witnesses of
trafficking in human beings. Sixteen of these permit recipients were women.
63
Notably, residents in one of the 28 European Member States have the right to mobility, and
can remain in any Member States for three months without applying for a residence permit.
64
The Social Services Act
The Swedish social services and administrative system is decentralized. This means that the
primary responsibility for the well-being of any crime victim regardless of age, sex, and
59
See: Aliens Act (2005:716) (Chapter 5: Residence permits, section 15). Online at:
http://www.government.se/contentassets/784b3d7be3a54a0185f284bbb2683055/aliensact-
2005_716.pdf See also: Förstärkt straffrättsligt skydd mot människohandel (prop.
2009/2010:152 (Chapter 6). Online at: http://www.riksdagen.se/sv/Dokument-
Lagar/Forslag/Propositioner-och-skrivelser/Forstarkt-straffrattsligt-skyd_GX03152/
60
See: Årsredovisning 2013 - Migrationsverket (Stockholm, Sweden: Migrationsverket,
2013) at 29. Online at:
http://www.migrationsverket.se/download/18.7c00d8e6143101d166d29f5/1414049602234/%
25252525C3%2525252585rsredovisning+2013.pdf [Swedish]
61
See: Årsredovisning 2014 - Migrationsverket (Stockholm, Sweden: Migrationsverket,
2014) at 98. Online at:
http://www.migrationsverket.se/download/18.39a9cd9514a346077212ead/1424702424160/Å
rsredovisning+2014.pdf
62
See: Årsredovisning 2015 – Migrationsverket (Stockholm, Sweden: Migrationsverket,
2015) at 26. Online at:
http://www.migrationsverket.se/download/18.2d998ffc151ac3871593f89/1456151216443/År
sredovisning+2015.pdf
63
Årsredovisning 2016 – Migrationsverket (Stockholm, Sweden: Migrationsverket, 2016) at
137. Online at:
https://www.migrationsverket.se/download/18.4100dc0b159d67dc6142a4e/1487775100129/
Årsredovisning+2016.pdf
64
EU Directive 2004/38/EC on the right of citizens of the European Union to move and
reside freely within the territory of the Member States, article 9. Online at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
18
nationality, stems from obligations under the Social Services Act, and is firmly placed on the
290 Swedish municipalities. As is stated in article 11 of the Act:
The social welfare committee should take steps to ensure that persons
subjected to criminal acts and their next-of-kin are supported and helped.
65
Such support may include sheltered accommodations, financial assistance, interpretation and
psychosocial support. This support is independent of whether the person is granted a period
of reflection, or of co-operation with law enforcement authorities. Municipalities are
reimbursed by the state for the costs in relation to the support and protection of victims of
trafficking in human beings.
Specialized victim services
The first municipal support and assistance services for victims of prostitution and trafficking
in human beings opened during the mid-1970’s in the four largest cities: Stockholm,
Gothenburg, Malmö and Norrköping. Today, municipal Prostitution Groups operate in
Stockholm,
66
Gothenburg
67
and Malmö.
68
These victims support services provide outreach services for individuals that are involved in
prostitution, whether on the street, in indoor prostitution or through Internet-based
advertising, and offer counselling, access to health care services, and exit programs.
They monitor changes in prostitution activities locally and nationally with the aim to reduce
such activities, and provide information and trainings to other community social service
organizations, and to the public about prostitution and trafficking in human beings for sexual
and other purposes.
The Swedish battered women’s shelter associations also provide support and protection for
women, who are victims of prostitution or human trafficking for sexual purposes, including
prostitution and pornography, and for forced marriages.
69
In 2015, the Platform of Swedish Civil Society Organizations against Trafficking in Human
Beings developed a pilot project for a national support program for victims of trafficking in
human beings. Beginning in 2016, specialized service providers were certified to ensure the
65
See: Social Services Act (SFS 2001:453), chapter 7, article 11. Online
at:http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/Socialtjanstlag-2001453_sfs-2001-453/#K2
66
Stockholm Prostitutionsenheten/Mikamottagningen. Online at:
http://www.stockholm.se/mikamottagningen
67
Gothenburg Mikamottagningen. Online at:
http://goteborg.se/wps/portal?uri=gbglnk%3a20164912578672
68
Malmö Råd- och stödteamet sexuella tjänster/Mikamottagningen. Online at:
http://malmo.se/Social---familjefragor/Personligt-stod/Mika-Malmo.html
69
Riksorganisationen för kvinnojourer och tjejourer i Sverige [“National Organization for
Women’s Shelters and Young Women's Shelters”] (Roks). Online at:
http://www.roks.se/about-roks-1 See also: Unizon. Online at: http://unizon.se/english
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
19
quality of interventions e.g. through mainstreamed schedules and assessment templates for
support needs.
70
The support, which is to complement interventions by municipal Social Services agencies,
would be tailored to the individual. The agencies involved in the national support program
would, after identification of a victims, and prior to informing the police, provide
accommodation for up to 30 days during the reflection period, and an integration program for
up to 90 days after a trial if the victims would remain in Sweden.
Compensation schemes and civil remedies
Victim compensation
In some cases, and in addition to court-ordered compensation, victims of human trafficking
may be eligible for compensation from the Crime Victim Compensation and Support
Authority (CVCSA), whose main task is to administrate and pay criminal injuries
compensation, i.e. compensation from the state to crime victims.
In 2009, the Ministry of Justice commissioned the CVCSA to carry out a study on state
compensation to victims of human trafficking. The objective was to establish routines for
payments that ensure that victims of trafficking in human beings for sexual exploitation to
Sweden actually receive payment of criminal injuries compensation, preventing appropriation
by traffickers or others.
In its report from February 2010, the CVCSA concluded that in “[l]ittle more than half of the
victims in criminal cases leading to convictions for human trafficking claimed damage from
the perpetrator” due to fear of the perpetrator.
71
In 2013, three victims of human trafficking for sexual purposes received a total of SEK
435,000 in state compensation from the CVCSA, a decrease compared to 2012, when the
CVCSA paid out a total of SEK 547,000 in compensation to two victims of human
trafficking for sexual purposes.
72
In its 2014 and 2015 annual reports, the CVSA notes that no individual applied for or
received state compensation as a result of being victims of human trafficking for any
purpose.
73
In 2016, five victims of trafficking in human beings for the purpose of begging,
70
Plattformen civila samhället mot människohandel, Nationellt stödprogram. Online at:
https://manniskohandel.se/plattformen-civila-sverige-mot-manniskohandel/nationellt-
stodprogram/
71
Holm, Fanny, Utbetalning av brottsskadeersättning till offer för människohandel:
Redovisning av ett regeringsuppdrag (Umeå, Sverige: BROM, 2010). Online at:
http://www.brottsoffermyndigheten.se/Filer/Böcker/Utbetalning%20av%20brottsskadeersättn
ing%20till%20offer%20för%20människohandel.pdf
72
Brottsoffermyndighetens årsredovisning 2013 (Umeå, Sverige: BROM, February 2014) at
10. Online at:
http://www.brottsoffermyndigheten.se/Filer/Böcker/BrOMs%20årsredovisning%202013.pdf
73
Brottsoffermyndighetens årsredovisning 2014 (Umeå, Sverige: BROM, February 2015).
Online at:
https://www.brottsoffermyndigheten.se/Filer/Böcker/BrOMs%20årsredovisning%202014.pdf
See also: Brottsoffermyndighetens årsredovisning 2015 (Umeå, Sverige: BROM, February
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
20
forced labour and for criminal activity applied for and received a total of SEK 244,000 in
compensation. No victims of trafficking in human beings for sexual purposes applied and
received compensation in 2016.
74
Other prevention measures
Together Against Crime: A National Crime Prevention Program (2017)
In 2017, the Government presented a new crime prevention program with the aim to ensure a
national, unified, and structured approach to crime prevention. The Government underlined
that a gender equality perspective must be integrated in all crime prevention actions, and that
gender equality analyses must be a part of such actions.
The Government also underlined that in the work to prevent violent and sexual crimes, as
well as trafficking in human beings for sexual purposes, it is imperative to raise awareness
and increase knowledge about the harm caused by destructive masculinity norms.
75
Chapter 3: Institutional Framework
The National Police Authority
On 1 January 2015, the Swedish Police became an integrated public authority. The 21 police
districts were replaced by seven regional offices, which have the overall responsibility for
policing within a specified geographical area. The Office of the National Rapporteur remains
located at the National Police Authority (Division for Police Development) in Stockholm.
76
The Prosecution Authority
Like the National Police, the Prosecution Authority was given a mandate under the 2008
Action Plan Against Prostitution and Human Trafficking for Sexual Purposes to strengthen
its work to prevent and prosecute such cases, as well as targeted, additional funding.
In 2011, the Prosecutor General presented the final report with a comprehensive overview of
implemented measures, such as strengthened operative measures against prostitution and
trafficking in human beings, professional capacity building for specialized prosecutors, and
basic training on the topic for all prosecutors across Sweden, and through the development of
procedures, and the appointment of four additional prosecutors at the international
prosecuting chambers.
2016) at 9. Online at:
http://www.brottsoffermyndigheten.se/Filer/Informationssidor/Arsredovisning_2015.pdf
74
Brottsoffermyndighetens årsredovisning 2016 (Umeå, Sverige: BROM, February 2016).
table, at 13. Online at:
https://www.brottsoffermyndigheten.se/Filer/Böcker/BrOMs%20årsredovisning%202016.pdf
75
Government Communication, Tillsammans mot brott: Ett nationellt brottsförebyggande
program, (Skr. 2016/2017) at 12. Online at:
http://www.regeringen.se/49550c/contentassets/d0b212f61d0d49828e5e257f47e892ad/tillsa
mmans-mot-brott---ett-nationellt-brottsforebyggande-program-skr.-201617126
76
The Swedish Police Authority. Online at: https://polisen.se/en/Languages/The-Swedish-
Police/The-Swedish-Police-Authority/
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
21
The Prosecutor General underlined in his report in 2011 that, between 2008 and 2010, these
measures resulted in increased number of prosecutions of such cases with higher numbers of
convictions.
77
The International Prosecution Chambers
The international prosecution chambers at the Prosecution Authority handle highly complex
criminal law cases, including cases involving national and international organized
criminality, which requires special expertise, special working methods, which often require
cross-border cooperation. Preliminary investigations in cases of trafficking in human beings –
a prioritized area - for sexual and other purposes are generally lead by specialized prosecutors
placed in one of currently three international prosecution chambers.
78
The Courts
Due to the independence of the Swedish courts, there are no specific policy developed for the
courts that focuses on the prevention and elimination of prostitution and trafficking in human
beings.
However, the Swedish National Courts Administration was given the task, under the 2008
National Action Plan on Prostitution and Trafficking in Human Beings for Sexual Purposes,
to develop and implement capacity building measures, including training for judges, in order
to increase the capacity and knowledge within the court system, and to ensure a high level of
competency across all stakeholder public agencies.
79
The Migration Agency
In 2013, the Migration Agency appointed a central coordinator against trafficking in human
beings, who is placed at the national office in Norrköping, with six regional coordinators. The
mandate of the central coordinator involves e.g. to lead its working group on trafficking in
human beings, to coordinate the work to prevent and eliminate trafficking in human beings
within the public agency, in collaboration with the regional coordinators, and to develop
different measures in partnership with other public authorities and civil society organizations
in Sweden, and at the Swedish embassies and consulates.
The Migration Agency underwent a reorganization in 2015, which involved the formation of
six geographical regions, each with an administrative reception centre for asylum seekers.
Chapter 4: National monitoring and coordination mechanisms
National Rapporteur on Trafficking in Human Beings
77
Slutredovisning av regeringsuppdraget till Åklagarmyndigheten att förstärka insatserna mot
prostitution och människohandel för sexuella ändamål (Ju2008/7403/PO). Online at:
http://www.aklagare.se/PageFiles/4616/ÅM%20att%20förstärka%20insatserna%20mot%20p
rostitution%20och%20männiksohandel%20för%20sexuella%20ändamål.pdf
78
See: https://www.aklagare.se/om-brottsligheten/organiserad-brottslighet/arbetet-pa-de-
internationella-kamrarna/
79
Supra, National Action Plan (2008) at 23.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
22
In 1997, Sweden was the first country in the European Union to appoint a National
Rapporteur on Trafficking in Human Beings following a joint declaration, The Hague
Declaration, of the European Union earlier in 1997. This Declaration recommends that all EU
member states appoint National Rapporteurs, who are “to report to governments on the scale,
the prevention, and combating of trafficking in women.”
80
Annual reports
The National Rapporteur investigates, monitors and analyzes the character, state and scale of
prostitution and trafficking in human beings for all forms of exploitation to and within and
from Sweden, and publishes annual reports with comprehensive recommendations. The
eighteenth annual report for 2016 was released in November 2017.
81
Targeted funding for investigations in cases of trafficking in human beings and capacity
building
Cases of cross-border and national trafficking in human beings for sexual purposes and
procuring are resource-intensive investigations, and as such very costly. To offset these costs,
and to ensure that the Police Authority prioritize such investigations, including through cross-
border cooperation with other national police authorities, in 1999, the Government provided
SEK 9 million in extra, targeted funding to the Police Authority.
Likewise, in the period between 2004 and 2006, the Police Authority received another SEK
30 million in extra government funding, not only to strengthen the financial capacity in the
police districts (now regions) to carry out investigations, but also to ensure that that police
personnel across the authority received capacity building training.
Ongoing mandate
As one of the core measures under the 2008 Government Action Plan Against Prostitution
and Human Trafficking for Sexual Purposes, the Swedish National Police Board received an
express mandate to continue to act as a National Rapporteur on issues related to prostitution
and human trafficking.
82
Inspections of police authorities
Since 2011, and in collaboration with the National Police, the National Rapporteur carries out
inspections of local police authorities about their efforts to prevent and combat human
trafficking, including the use of operational resources, and their capacity to investigate cases
of human trafficking for sexual purposes, procuring and the purchase of sexual services, and
the purchase of a sexual act from a child.
80
See: The Hague Ministerial Declaration on European Guidelines for Effective Measures to
Prevent and Combat Trafficking in Women for the Purpose of Sexual Exploitation (The
Hague, Netherlands, 24-26 April 1997). Online at:
http://www.legislationline.org/en/documents/action/popup/id/8747
81
Eighteenth annual report (for year 2016): Lägesrapport 18 - Människohandel for sexuella
och andra ändamål (Stockholm, Sweden: Polismyndighetens rapport 2017). Forthcoming.
82
Handlingsplan mot prostitution och människohandel för sexuella ändamål (Skr.
2007/08:167) Measure 19 at 23. Online at:
http://www.regeringen.se/contentassets/149560f55fcd4c0c9a77e86da272be4d/handlingsplan-
mot-prostitution-och-manniskohandel-for-sexuella-andamal-skr.-200708167
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
23
In 2012, five police districts were randomly selected and inspected. The inspection report,
which was published in May 2013, concluded that there is a need for specialist, district-based
anti-trafficking units, for intensified Internet surveillance, and a clearer focus on the whole
chain of perpetrators – buyers of sexual services, procurers and traffickers.
83
Reinforcement of the capacity of the Police Authority to investigate trafficking in human
beings
In 2015, and in the light of the sharp increase in the number of refugees seeking asylum in
Sweden, the Police Authority adopted a special policy decision aimed at strengthening its
capacity to combat trafficking in human beings. The objectives include strengthened
collaboration within the authority and with stakeholders, building of capacity through
enhanced skills and methods training, and the establishment of specialized investigation
teams.
The National Rapporteur on Trafficking in Human Beings is charged with the coordination of
the implementation of the policy decision, with a final report to be submitted in September
2017.
Review of the work of the Police Authority to investigate cases of trafficking in human
beings
In 2015, to counteract the low number of successful prosecutions and conviction for
trafficking in human beings for different purposes, and to investigate whether all available
actions had been taken by the police, the national Police Chief decided in 2015 to initiate a
review of such cases for the year 2015; 67 cases.
84
A report with the results was released in
July 2017.
The researchers established that in 38 of the cases that were closed without further actions,
the perpetrator could not be identified due to a lack of details and insufficient information in
the initial report, and because the witness/victim had left Sweden. In close to 50 percent of
the cases, if additional, available measures been implemented, the cases could possibly have
been taken forward. However, the effects of such measures were difficulty to assess. Only in
a very limited number of cases could the researchers establish that substantial errors were
made.
The report concluded that there is a need for further development of methods and routines in
relation to the initial stage of an investigation, including in relation to interview techniques
when interviewing vulnerable victims, and that such routines are mainstreamed across the
organization.
85
83
Rikspolisstyrelsen, Polisens förmåga att utreda ärenden om människohandel-Inspektion av
polismyndigheternas förmåga att utreda ärenden om människohandel för sexuella ändamål
och köp av sexuell tjänst (Tillsynsrapport 2013:7). Online at:
https://polisen.se/Global/www%20och%20Intrapolis/Rapporter-
utredningar/01%20Polisen%20nationellt/Ovriga%20rapporter-utredningar/Inspektioner-
tillsyns%20rapporter/2013/Tillsynsrapp_7_Manniskohandel_13.pdf
84
Further limited to cases of trafficking in human beings for begging purpose and for forced
labour.
85
Resultat av genomlysning - nedlagda ärenden rörande människohandel 2015 (Stockhom,
Sweden, Polismyndigheten, Utvecklingscentrum region Stockholm, 2017). Online at:
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
24
National Board of Health and Welfare
In 1999, following the passing of the Anti-Violence against Women Act
86
, the National
Board of Health and Welfare (NBHW) was charged with the task to gather information on
and to monitor the extent and development of prostitution in Sweden, as well as to give
support to local authorities on the development and improvement of measures against
prostitution. The NBHW reports annually to the Government.
In 2008, the NBHW was given additional tasks including to evaluate municipal support
services for individuals involved in prostitution, as well as services for individuals, who
purchase or who have purchased a sexual service. A comprehensive research report was
published in 2012.
87
New mandate
In 2013, the Government again added to the reporting tasks of the National Board of Health
and Welfare. The NBHW was, thus, mandated to regularly examine development trends in
the area of prostitution, and to collect data on the needs for support and assistance from
individuals selling and buying sexual services, in cooperation with other public authorities.
88
Within the scope of this assignment, the NBHW was also tasked with investigating the
further needs within the health and social services sectors for capacity building to better meet
the needs of persons, who sell and purchase sexual services, including within the LGBT
community. In line with the new mandate, bi-annual reports are to be presented by 13 March
of the reporting year, beginning in 2014.
In October 2015, the Government extended the NBHW reporting mandate indefinitely,
including the requirement to report bi-annually.
89
National coordination mechanism
The Gender Equality Agency
In 2017, the Government announced the intention to establish a special public authority for
gender equality, with the overarching objective to “contribute to the strategic, coherent and
long-term governance and effective implementation of the national gender equality policies
and strategies.”
90
https://polisen.se/Global/www%20och%20Intrapolis/Människohandel/Genomlysning-
nedlagda-manniskohandelsarende-2015.pdf
86
Supra, Kvinnofrid, (Prop. 1997/98:55)
87
Svedin, Carl-Göran et al., Prostitution i Sverige. Huvudrapport: Kartläggning och
utvärdering av prostitutionsgruppernas insatser samt erfarenheter och attityder i befolkningen
(Stockholm, Sweden: Socialstyrelsen, 2012). Online at: http://www.diva-
portal.org/smash/get/diva2:506410/FULLTEXT01.pdf
88
Regleringsbrev för budgetåret 2013 avseende Socialstyrelsen (Stockholm, Sweden:
Government Offices, 2013). Online at: http://www.esv.se/Verktyg--
stod/Statsliggaren/Regleringsbrev/?RBID=14674
89
Regleringsbrev for budgetåret 2015 avseende Socialstyrelsen (Stockholm, Sweden:
Government Offices, 2015). Online at: http://www.esv.se/Verktyg--
stod/Statsliggaren/Regleringsbrev/?RBID=16900
90
Supra, Makt, mål, och myndighet (2017).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
25
The Gender Equality Agency, which is placed in Gothenburg, opened its doors on 1 January
2018.
91
The mandate of the Gender Equality Agency includes the responsibility to analyze, follow-
up, coordinate, produce knowledge and give support in order to implement the national
gender equality policy objectives as set out in the National Strategy on Gender Equality.
92
Importantly, to enhance efficiency and coordination long-term, and to counteract
fragmentation, the responsibility for the coordination of the work to prevent and eliminate
prostitution and trafficking in human beings for sexual purposes, and the national Victim
Voluntary Return Project for victims of all forms of human trafficking (see below),
previously held by the County Administration Board of Stockholm, has been transferred to
the Gender Equality Agency.
93
Other functions
Regional Coordinators
In 2015, regional coordinators against trafficking in human beings were appointed in six
regions. The mandate of the regional coordinators, who were selected by Social Services
agencies in the region, is to provide support to municipalities in cases that concern trafficking
in human beings, promote local stakeholder cooperation, and to function as a liaison with the
national work of the Gender Equality Agency.
94
Anti-Trafficking Ambassador
In January 2016, the Government decided to appoint an Ambassador for the work against
trafficking in human beings, based at the Ministry for Foreign Affairs. The aim of the
appointment was to send a political signal to the international community that Sweden
intends to strengthen its actions against trafficking in human beings and against the
exploitation of women and girls. The mandate of the Ambassador includes to improve the
effectiveness of international actions and cooperation to prevent and combat trafficking in
human beings, with a particular focus on a strong gender equality perspective. The
Ambassador is appointed for a term of four years.
95
Civil society organizations
Women’s equality-seeking associations
Roks – the National Organisation for Women’s Shelters and Young Women's Shelters
Roks is the largest feminist member organisation for women's shelters and young women's
shelters in Sweden, uniting around a hundred women’s and young women's shelters.
The aim of Roks is to safeguard the common interests of the shelters in their work against
male violence towards women. Roks strives to shape public opinion, and actively works to
91
Jämställdhetsmyndigheten. Online at: https://www.jamstalldhetsmyndigheten.se/
92
Supra.
93
Online at: https://www.jamstalldhetsmyndigheten.se/stod-samordning/prostitution-och-
manniskohandel/
94
Online at: http://www.lansstyrelsen.se/stockholm/Sv/manniska-och-
samhalle/jamstalldhet/prostitutionochmanniskohandel/Pages/default.aspx
95
Government Decision: Protokoll vid regeringssammanträde ”Inrättande av tjänsten som
Sveriges ambassadör för arbetet mot människohandel” (28 January 2016).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
26
make the public aware of the reality that the shelters face, as well as conduct outward
dialogues around the issues concerning the shelters.
Since the organization was established in the mid-1980’s, Roks has been active in feminist
advocacy for laws, policies and actions to discourage the demand by men for women and
girls for prostitution purposes.
The Roks shelters regularly receive and provide support and protection for women, who are
victims of prostitution and trafficking in human beings for different purposes.
96
Unizon
Unizon represents 130 Swedish women’s shelters, young women’s empowerment centres and
other support services that work together for a gender equal society free from violence.”
97
These shelters offer support and protection to women, who are victims of male violence,
including women with experiences of prostitution, or who have received some form of
payment for sexual services.
The Unizon empowerment centres for girls and youth are in contact with young girls and
boys, who are sold for or received or been offered some form of payment for sexual
services.
98
Swedish Women’s Lobby
The Swedish Women’s Lobby, which was established in 1997, is an umbrella organization
for 49 women’s organizations in Sweden. The organization is politically and religiously
independent, and works towards a gender equal society in and outside of Sweden. The work
of the organization is based on feminist principles and aims to improve the status of women
in society. Its activities are founded on the CEDAW principles and the Beijing Declaration
and Platform for Action.
99
The Swedish Civil Society Platform on Trafficking in Human Beings
The Platform was formed following the Council of Europe expert group, GRETA, evaluation
of Sweden in 2013, when a broad range of representatives of civil society were invited to
participate in consultations. The Platform is a human rights-based, non-profit organization
with the aim to combat human trafficking, and to strengthen the human rights of victims.
The Platform:
- coordinates the assistance to victims of human trafficking, and gathers data;
- runs a national support program, which grants certifications to accredited service
providers that comply with minimum standards;
- provides funding for support to victims where the system otherwise cannot provide it;
- monitors and reports on the compliance with Sweden’s international obligations; and
96
About ROKS, online at: https://www.roks.se/about-roks
97
About Unizon, online at: http://unizon.se/english
98
See also Unizon’s web page on prostitution and trafficking, online at:
http://unizon.se/mans-vald-mot-kvinnor/sexkop-och-prostitution
99
Online at: http://www.unesco.org/education/information/nfsunesco/pdf/BEIJIN_E.PDF
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
27
- encourages and facilitates exchange of information and knowledge among the
members of the Platform, but also to and with public authorities and other
stakeholders.
100
PRIS – Network for individuals with experience in the prostitution industry
In 2007, the network, PRIS – Prostitutes’ Revenge in Society, was founded by and for
women with experience in different areas of the sex industry.
101
PRIS has three main aims: to
provide mutual support and support to others in the sex industry, to raise awareness of the sex
industry and its negative effects, and to improve services for those, who want to exit the sex
industry. PRIS also has a sister organizations, Friends of PRIS, for feminists, who do not
have experience in the sex industry, but who are supportive of the aims of the organization.
102
Chapter 5: Actions to discourage the demand
International obligations to discourage the demand
United Nations
Article 9.5 of the Protocol
103
stipulates that State parties address the demand that encourages
the trafficking in human beings for sexual exploitation. Article 20 further underlines the
obligation for information exchange between and training of all relevant public officials.
Article 9.5 underlines that the parties to the Protocol “shall adopt or strengthen legislative or
other measures, such as education, social or cultural measures, including through bilateral
and multilateral cooperation, to discourage the demand that fosters all forms of exploitation
of persons, especially women and children, that leads to trafficking.”
Council of Europe
Likewise, the Council of Europe Convention on Action against Trafficking in Human Beings
determines that:
To discourage the demand that fosters all forms of exploitation of persons, especially
women and children, that leads to trafficking, each Party shall adopt or strengthen
legislative, administrative, educational, social, cultural or other measures including:
a. research on best practices, methods and strategies;
b. raising awareness of the responsibility and important role of media and civil society
in identifying the demand as one of the root causes of trafficking in human beings;
c. target information campaigns involving, as appropriate, inter alia, public authorities
and policy makers;
d. preventive measures, including educational programmes for boys and girls during
their schooling, which stress the unacceptable nature of discrimination based on sex,
and its disastrous consequences, the importance of gender equality and the dignity and
100
Swedish Civil Society Platform against Human Trafficking Online at:
https://manniskohandel.se/in-english/
101
Website of Nätverket PRIS, online at: http://www.nätverketpris.se/start-english.html
102
Online at: http://www.nätverketpris.se/friends.html
103
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United Nations Convention against
Transnational Organized Crime (“The Palermo Protocol).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
28
integrity of every human being.
104
United Nations Special Rapporteur on Trafficking in Persons
In 2006, the United Nations Special Rapporteur on Trafficking in Persons, Especially
Women and Children clarified that “[i]t is not necessary for demand itself to lead to
trafficking; rather, it is sufficient that the exploitation fostered by the demand leads to
trafficking.”
105
Hence, the obligations to address the demand under e.g. article 9.5 of the Palermo Protocol
are extended to also include actions that “discourage the use of prostituted persons
generally.”
106
European Union
Likewise, the Member States of the European Union agreed in 2011 that they are bound to
take preventative measures, such as education and training to discourage and reduce demand.
Notably, the Member States must adopt gender and gender equality perspectives in all actions
to prevent and discourage the demand.
107
By ratifying thematic, binding international and regional treaties and directives, and by taking
part in the negotiations of non-binding agreements and strategies, Sweden has,
unequivocally, agreed to fully address the demand for women, children and others for the
purpose of prostitution and sexual exploitation in general, as well as in relation to the
trafficking in human beings for sexual purposes.
This means that all levels of government take pro-active efforts to prevent and reduce the
demand by adopting or strengthening e.g. legislation, and strategies for the prevention and
reduction of the demand, and to conduct public information campaigns that raise awareness
of the demand as a one of the root causes of trafficking in human beings, as well as of
prostitution.
108
As outlined in the feminist and international human rights principles that form the basis for
the Swedish approach to laws, policies and interventions on prostitution and trafficking in
human beings for sexual purposes, prostitution is understood as a form of male sexualized
violence against women and girls, especially targeting those who are economically, racially
104
Council of Europe Convention on Action against Trafficking in Human Beings, article 6.
105
Report of the Special Rapporteur on the human rights aspects of the victims of trafficking
in persons, especially women and children, Dr. Sigma Huda (E/CN.4/2006/62) (20 December
2006) at 11, para. 52 Online at: https://documents-dds-
ny.un.org/doc/UNDOC/GEN/G06/109/64/PDF/G0610964.pdf?OpenElement
106
Supra, at 12, para. 60. The reason is, according to the Special Rapporteur, the incapacity
of prostitution users to distinguish between those prostituted individuals “that are subject to
illicit means … and those that are not.”
107
European Commission, Directive 2011/36/ EU of the European Parliament and of the
Council of 5 April 2011on preventing and combating trafficking in human beings and
protecting its victims, and replacing Council Framework Decision 2002/629/JHA, preamble
(25), articles 16 (4) and18. Online at: http://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX:32011L0036
108
Supra.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
29
or ethnically marginalized/discriminated. Hence, measures to discourage the demand and to
hold prostitution users accountable for their actions are core to a successful implementation
of the approach.
Men who attempt to purchase or purchase sexual services
Notably, the purchase of a sexual service is a gender-specific crime. According to Swedish
data (see below) all perpetrators of the offence that criminalizes the purchase of a sexual
services or a sexual act from a child under the age of 18, are men and boys. Male prostitution
users pay for sexual acts to exploit women, girls, men and boys.
They represent all ages, with the majority being between 25 and 55 years of age, all income
classes and a wide diversity of nationalities and ethnic backgrounds. Prostitution users have
been, or are often married or cohabit with a partner of the opposite or same sex, and they
often have children. Men, who have or have had many sexual partners are the most common
prostitution users.
109
Swedish and international research show that a majority of those men, who have purchased
sexual services, have done so on one to three occasions, whereas ten percent of the
prostitution users have purchased a sexual service on more than ten occasions, often in
connection with job-related travels (33 percent).
110
Prostitution users and awareness of human trafficking
Certain recent studies show that although many men, who purchase someone for prostitution
purposes, are aware that the prostituted women are exploited, they do not report their
suspicions to the relevant authorities. According to a 2014 research study carried out in the
Republic of Ireland, Finland, Lithuania, Bulgaria and Cyprus, one-third of the interviewed
men (or 222 individuals) acknowledged that they knew that the prostituted women were
exploited, but that they did not report the exploitation to law enforcement or social support
agencies. An additional number of interview subjects avoided responding to the question.
111
Laws that prohibits the purchase of a sexual service as a deterrent
109
National Institute for Population Health, Sex in Sweden: On Swedish Sexual Life (NIPH,
2000). Online: https://www.folkhalsomyndigheten.se/publicerat-
material/publikationsarkiv/s/Sex-in-Sweden---on-the-Swedish-sexual-life/
110
Svedin, Carl-Göran et al., Delrapport 1: Sälja och köpa sex i Sverige 2011. Förekomst,
hälsa och attityder (Stockholm, Sweden: Socialstyrelsen, 2012).
111
The Immigrant Council of Ireland et al., Stop Traffic! Tackling Demand for Sexual
Services of Trafficked Women and Girls (Dublin, Ireland: ICI, 2014).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
30
International studies (e.g. in Belgium,
112
United Kingdom,
113
Scotland,
114
Lebanon,
115
USA
116
) about the prostitution behaviour of men, all show that a majority of men, who have
purchased sexual services, consider that the most effective deterrents would be:
1. Legislation that prohibits the purchase of a sexual act or sexual services;
2. “Public shaming” through the publication of personal information in e.g. news media, on
public billboards, social media and websites, through publicly displayed posters, or to their
families.
Services for men who purchase of sexual services (BOSS/KAST)
The three municipal services for victims of prostitution and trafficking in human beings for
sexual and other purposes (see above) also operate separate support services for men, who
purchase, men who have purchased sexual services in the past, and for potential prostitution
users.
The services for buyers of sexual services and users of pornography, offer free-of-charge
support to those, who wish to stop their harmful behaviour. Those, who contact BOSS/KAST
can choose to remain anonymous, and all services are confidential. The BOSS/KAST
services offer support in a variety of ways, for example via email, online chat, phone or in
personal meetings. Family members, partners or friends and professionals are also welcome
to contact BOSS/KAST.
117
Statistical data on prostitution users
Please see chapter 7 for statistical data on offenders, and those convicted under the
prohibition for the purchase of sexual services, and refer to international research for more
specific information on prostitution users.
118
112
Ekberg, Gunilla S. and Werkman, Karin, A Snapshot Study on the Prevalence, Laws,
Policies and Practices regarding Prostitution and Trafficking in Human Beings for the
Purpose of Sexual Exploitation in Belgium (Brussels, Belgium: Sorbus Research, 2016).
113
Eaves for Women, Routes in, Routes out: Quantifying the Gendered Experience of
Trafficking to the UK. (London, United Kingdom: Eaves, 2008).
114
Macleod, Jan et al., Challenging Men’s Demand for Prostitution in Scotland: A Research
Report Based on Interviews with 110 Men who Bought Women in Prostitution (Glasgow,
Scotland: Women’s Support Project, 2008).
115
Jabbour, Ghada, et al., Exploring the Demand for Prostitution: What Male Buyers Say about
Their Motives, Practices, and Perceptions (Beirut, Lebanon: Kafa Enough Violence and
Exploitation, 2014).
116
Chicago Alliance Against Sexual Exploitation, Deconstructing the Demand for
Prostitution: Preliminary Insights from Interviews with Men Who Purchase Sex (Chicago,
Illinois: CAASE, 2008).
117
Stockholm BOSS/KAST, online at: http://www.stockholm.se/FamiljOmsorg/Socialt-och-
ekonomiskt-stod/Missbruk-och-beroende/Stod-till-dig-som-saljer-eller-koper-sexuella-
tjanster/Rad-och-stod-for-dig-som-koper-sexuella-tjanster/
See also: Gothenburg BOSS/KAST, online at:
http://goteborg.se/wps/portal?uri=gbglnk:GBG.Enh.SexuellHalsa.Kast and Malmö KAST,
online at: http://www.malmo.se/prostitution
118
For more information about the attitudes and actions of prostitution users, see also:
Ekberg, Gunilla S. and Werkman, Karin, A Snapshot Study (2016); Immigrant Council
Ireland, Stop Traffic! (2014); and Kafa (Enough) Violence & Exploitation, Exploring the
Demand for Prostitution (2014).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
31
Direct and normative effects
The 2010 evaluation shows that the prohibition on the purchase of sexual services acts as a
deterrent for prostitution users. Individuals with experience in prostitution, as well as the
police and social workers conclude that these men now are more cautious, and that the
demand has decreased considerably since the prohibition came into force in 1999.
119
The legislation has strong support in Sweden among the public, and has brought about
significant positive changes in attitudes. Hence, the law has normative as well as direct
effects on the reduction of crime.
120
Chapter 6: Measures to prevent prostitution and trafficking in human beings and
strengthen public awareness and capacity building
Capacity building and training
An important component of the work to prevent and combat prostitution and trafficking in
human beings in Sweden is regular training of law enforcement, prosecutors and judges. In
Sweden, the training focuses not only on adequate investigation techniques, and but,
importantly, also on attitudes, and underlying principles for legislation, policies and
interventions regarding prostitution and trafficking in human beings.
The National Rapporteur concluded in her 2011 report on initiatives carried out under the
National Action Plan (above) that regular capacity building of police and other key public
agencies is a core element in the success of the Swedish law enforcement measures to prevent
and combat prostitution and trafficking in human beings.
121
Online training for Police Authority investigators
Since 2011, all employees, who work for the National Police Authority, in particular
investigators and police officers on external duty, have access to an internal, interactive,
online training package on all forms of trafficking in human beings. The aim of this capacity
building material is to illustrate the complexity of trafficking in human beings, and to give
employees access to information about effective working methods to uncover and investigate
such crimes.
University courses on trafficking in human beings.
119
Förbud mot köp av sexuell tjänst. En utvärdering 1999-2008 (SOU 2010:49) (2 July
2010). Online at: http://www.regeringen.se/sb/d/12634/a/149142
See also: Selected Extracts of the Swedish Government report SOU 2010:49 - The Ban
against the Purchase of Sexual Services: An Evaluation 1999-2008 (Stockholm, Sweden:
Swedish Institute, November 2010). Online at: https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/the_ban_against_the_purchase_of_sexual_services._an_e
valuation_1999-2008_1.pdf
120
Supra.
121
Wahlberg, Kajsa, Slutredovisning av regeringens uppdrag till Rikspolisstyrelsen att
förstärka insatserna mot prostitution och människohandel för sexuella ändamål 2008-2010
(Stockholm, Sweden: Rikspolisstyrelsen, 2011). Online at:
https://www.polisen.se/Global/www%20och%20Intrapolis/Rapporter-
utredningar/01%20Polisen%20nationellt/Organiserad%20brottslighet/slutredovisning_prostit
_manniskohandel.pdf
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
32
The University of Uppsala offers an intensive, five-week continuing education course for
lead investigators (prosecutors) and police investigators on trafficking in human beings for
different purposes with a focus on current legislation and policies, awareness-raising,
information about victim rights, training on victim assistance and support, and effective
investigation methods.
122
The Swedish National Police Academy and the Blekinge Institute
of Technology offer an annual, advanced two-week course on Internet surveillance. The
advanced course includes a special section on children as victims of trafficking in human
beings.
Awareness raising and information campaigns
The Swedish approach to prostitution and trafficking in human beings for sexual purposes
recognizes that prevention is paramount to the elimination of these crimes, with the
recognition that, to be successful in the elimination of these crimes, comprehensive legal,
policy and practice interventions must take place prior to women and girls being drawn into
prostitution by traffickers, procurers and prostitution users. Hence, prevention is paramount
to the elimination of trafficking in human beings. Equally, awareness raising is key to
successfully campaigning to discourage the demand.
The Swedish government has, and continues to invest in both. As discussed in the chapter on
impact assessments, the evaluations show that public support for the offence that criminalizes
the purchase of a sexual service are firmly in place.
Since the late 1990s, awareness-raising campaigns have been carried out in Sweden and the
region that focus on the prevention of prostitution and trafficking for sexual purposes,
including the eight country Nordic-Baltic Campaign against Trafficking in Women (2002-
2003),
123
the four-country (Sweden, Norway, Finland and Russia) Project against Trafficking
in Women and Girls in the Barents Region (2004-2006).
124
Nordic Baltic campaign against trafficking in women
In 2001, the Nordic and Baltic Ministers for Gender Equality agreed to plan and carry out a
joint information and awareness campaign during 2002. The ministers also agreed that “the
formation of opinion and information from a gender perspective is an important part of the
work of combating trafficking in women.”
The actual campaign took place during 2002, and was financed by, and carried out under the
auspices of the Nordic Council of Ministers.
An Intergovernmental Working Group for the Nordic Baltic Campaign against Trafficking in
Women, chaired by Sweden, was set up to plan and organize the joint campaign which aimed
to ”increase knowledge and awareness among the public, and to initiate discussion about the
problems surrounding the issue of trafficking in women”.
122
Människohandel: Kurs för poliser, online at:
http://www.uu.se/utbildning/utbildningar/selma/kursplan/?kpid=30029
123
Supra, Ekberg, Gunilla S., Nordic-Baltic Campaign Against Trafficking (2004).
124
Nordic Council of Ministers, Project Against Trafficking in Women and Girls in the
Barents Region: Final Report (Copenhagen, Denmark: Nordic Council of Ministers, 2006).
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
33
The Working Group agreed to use the United Nations Protocol
125
and its definition of
trafficking in human beings as a point of reference for the Campaign, as well as for the
national campaigns, and agreed to address the demand that encourages the trafficking in
women for sexual exploitation by using Article 9.5 of the Protocol as an important guideline
for the activities during the Campaign.
126
Thematic days for high school students on prostitution, human trafficking and gender
equality
The film, Lilya 4-ever, produced in 2002 by the Swedish film director, Lukas Moodysson,
127
was extensively used for the purpose of public awareness raising about prostitution and
trafficking in human beings at more than 100 events organized by the Swedish Government
jointly with the Swedish Institute for educational purposes in a large number of countries
during 2003-2004.
Full-day workshops were organized for over 65,000 students between 15-18 years of age in
Swedish high schools by the Swedish Film Institute in collaboration with the Government
Division for Gender Equality. The manual, Vad har mitt liv med Lilja att göra? was
distributed in 13,000 copies to schools across the country.
128
Elimination-of-demand campaigns
Sexköpslagen 2.0: Prohibition against the purchase of a sexual service in other countries
Since 2013, the National Organization for Women’s Shelters and Young Women's Shelters
(Roks), the Swedish Association of Women’s Shelters and Young Women’s Empowerment
Centres (Unizon) and the Swedish Women’s Lobby have carried out a campaign to amend
the offence that prohibits the purchase of a sexual service.
129
The amendment, inspired by the
Norwegian legislation that prohibits the purchase of a sexual service, would allow
enforcement against and prosecution of Swedish residents, who purchase sexual services in
another country, in Sweden.
Pornography-free hotels
Since 2003, Roks has carried out a successful campaign, called Porrfria Hotell [“Porn-Free
Hotels”] to certify those hotels and conference centres that remove all in-room, free or pay-
per-view pornography TV channels and videos. As of December 2014, 189 hotels and
conference centres in Sweden have been certified, and are encouraged to use the Porn-Free
logo on their marketing material. Hotel customers can book porn-free hotels through the
Porrfritt website.
130
125
Supra.
126
Supra, Ekberg, Gunilla S., Nordic Baltic Campaign against Trafficking in Women (2004)
at 5 - 12.
127
Lilja 4-ever (Memfis Film AB) (2002). Online at: http://sfi.se/en-GB/svensk-
filmdatabas/Item/?type=MOVIE&itemId=50446
128
Lundqvist, D., and Viklund K., Lilja 4-ever på skolbio: Dokumentation av Svenska
Filminstitutets insatser kring Lilja 4-ever på skolbio i Sverige 2003–2004 (Stockholm:
Svenska Filminstitutet, 2005).
129
Sexköpslagen 2.0 website. Online at:
https://www.facebook.com/Sexkopslagen2.0/?fref=ts
130
The Porrfria Hotell website, online at: http://porrfritt.se
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
34
“Travel Courage – Report your suspicions about commercial sexual exploitation of children”
In 2014, a campaign directed towards Swedish residents that travel abroad with the objective
to inform about the existence of sexual exploitation of children in connection with tourism
and international travel was initiated.
The campaign aimed to encourage the general public to report suspicious activities by
Swedish residents (and others) in other countries to the Swedish police authorities.
131
Initially, the campaign was a collaborative short-term effort within the context of the
National Action Plan on Prostitution and Trafficking in Human Beings for Sexual Purposes,
between the Country Administration Board in Stockholm, the Police Authority, and the
World Childhood Foundation.
132
It was later transformed into a long-term project with the
aim to develop issue-specific knowledge and capacity building.
133
Changing attitudes towards the purchase of a sexual service
In January 2015, the County Administration in Värmland, in cooperation with the regional
police force, initiated a public awareness campaign on attitudes towards the purchase of
sexual services, and about the harm prostitution users cause to those, who are exploited in
prostitution. The campaign, called #somliga tror… [#some people believe…] aimed to dispel
the common myths about prostitution, about men, who purchase sexual services, and about
those individuals, who are sexually exploited.
134
“You Decide! – Take a stand against the purchase of a sexual service”
In 2016, the County Administration of Stockholm, acting as the National Methodology
Support Team (see above) initiated a national information campaign against the demand for
the trafficking in human beings, with a focus on the men that purchase a sexual service.
135
Fair Sex
RealStars is a non-profit, non-governmental organization founded in 2010 that “works for a
better world free from sex trafficking.” It promotes and campaigns with the label ”Fair Sex,”
which is defined as “sex on equal terms, with respect and without violence or force.” In 2012,
The Swedish Agency for Youth and Civil Society (MUCF) together with the Västra Götaland
131
“Child sex tourism,” although not a legal term, is a prohibited activity under Swedish law,
and involves a series of Penal Code offences including the sexual abuse of children, the use
and creation of “child pornography” i.e. images of sexual abuse of children, trafficking in
children for the purpose of sexual exploitation, and the purchase of a sexual act from a child
under 18 years of age. Offenders can be prosecuted in a Swedish court if they have
committed any of these offences in a third country.
132
World Childhood Foundation, online at: https://childhood.se
133
The “Resekurage” campaign website, online at: http://www.resekurage.se
134
Country Administration of Värmland, Somliga tror (2015). Online at:
http://www.lansstyrelsen.se/Varmland/Sv/manniska-och-samhalle/jamstalldhet/prostitution-
manniskohandel/Pages/somliga-tror.aspx
135
The campaign website “Du avgör” Ta ställning mot sexköp!”. Online at:
http://nmtsverige.se/duavgor#ta-stallning See also: The campaign video clip, “Du avgör!”.
Online at: http://nmtsverige.se/sites/default/files/Lansstyrelsen%20-%20Du%20Avgor%20-
%20Kort%20Version-HD.mp4
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
35
County Administration Board, funded an awareness raising project by RealStars, entitled "A
Europe Free from Trafficking."
136
“Moving in the Right Direction” Corporate ethical guidelines against the purchase of a
sexual service
The Swedish Women’s Lobby, Roks and Unizon campaign for ethical rules against the
purchase of sexual acts for businesses and corporations in Sweden, received an award from
the National Crime Prevention Council in October 2014.
In October 2014, the Swedish Women’s Lobby, Roks and Unizon jointly organized an
awareness raising campaign entitled Rätt Riktning [“Going in the right direction].” The
objective of the campaign is to “involve corporations in the counter-trafficking and women’s
rights process. By implementing ethical guidelines against purchases of sexual services and
sexual exploitation, companies show that they respect and take an active part in realizing the
common goal of safeguarding human rights.”
137
Demand: the link between prostitution and pornography
In order to collect evidence and to raise awareness on the ongoing necessity to target the
demand for commercial sexual services, Unizon recently published a report on the
consumption of pornography and prostitution.
138
Chapter 7: Review of the implementation of the offence that prohibits the purchase of a
sexual serviceSpecial Inquiry (2008-2010)
In April 2008, the Government appointed a Special Inquiry Commission led by Chancellor of
Justice,
139
Anna Skarhed, to evaluate the implementation of the ban against the purchase of
sexual services and its effects.
The underlying presumption for the evaluation was that the purchase of a sexual service
should remain criminalized.
140
The Special Inquiry consulted widely, including with women
and men involved in prostitution, women and men, who have had experiences of prostitution,
the police and prosecutions services, social workers, civil society, women’s, human rights
and victim support organizations, public authorities, and other key stakeholders.
In July 2010, the Chancellor of Justice presented the Special Inquiry report to the
Government. The Special Inquiry’s most important conclusions were the following:
136
See: RealStars website, online at: http://realstars.eu/about/
137
“Rätt riktning,” online at: http://sverigeskvinnolobby.se/blog/projekt/ratt-riktning-for-
etiska-riktlinjer-mot-sexkop
138
Unizon, Pornography and prostitution, a report on exploitation and demand (Stockholm:
Unizon, 2016).
139
The Chancellor of Justice is an independent legal officer set up as a public authority with
the main tasks to act as the Government's ombudsman in the supervision of authorities and
civil servants, represent the State in legal disputes, ensure that the limits of the freedom of the
press and other media are not transgressed and to act as sole prosecutor in cases concerning
offences against the freedom of the press and freedom of the press. See
also: http://www.jk.se/other-languages/english/ Ms. Skarhed was appointed to the position in
2009.
140
Utvärdering av förbudet mot köp av sexuell tjänst, Dir. 2008:44 (24 April 2008). Online
at: http://www.regeringen.se/contentassets/084e5a216d8c4c15a8a70d19d30b3fa6/utvardering
-av-forbudet-mot-kop-av-sexuell-tjanst-dir.-200844
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
36
Link between prostitution and human trafficking
The Inquiry concluded that there is a clear connection between the existence of prostitution
and trafficking in human beings for sexual purposes.
The prostitution industry did not expand
The number of individuals exploited in street prostitution halved since 1999. Neighbouring
countries Denmark and Norway had three times as many individuals in street prostitution.
The concern that prostitution would move to other arenas was not substantiated.
Internet prostitution
Prostitution via the Internet increased in Sweden as it did in other countries, due not to the
law, but to the development generally of online technologies.
The number of individuals that were sold via Internet web
pages/web advertisement were much larger in similar,
neighbouring countries such as Denmark and Norway.
No increase in prostitution activities
Despite a significant increase in prostitution in the
neighbouring countries during the past ten years, there was no
evidence of a similar increase in Sweden. The inquiry
concluded that it reasonable to believe that this was due to the
criminalization of the purchase of sexual services in Sweden.
There was also no evidence of an increase in indoor
prostitution activities.
Barrier to the establishment of organized crime
The prohibition of the purchase of a sexual service deters the establishment of organized
crime networks/groups in Sweden. As also concluded by the National Police, there is
evidence that the legislation functions as a barrier against the establishment of traffickers and
procurers in Sweden.
Public support – normative effects
The legislation has strong support in Sweden among the public, and has brought about
significant positive changes in attitudes. Hence, the law has normative as well as direct
effects on the reduction of crime.
Deterrent to the demand for prostitution
The prohibition functions as a deterrent for men, who purchase sexual services. Individuals
with experience in prostitution, as well as the police and social workers concluded that
prostitution users were and are more cautious, and that demand has decreased considerably
since the prohibition came into force in 1999. In 2008, only 7.8% of Swedish men had
purchased someone for prostitution purposes compared to 13.6% of Swedish men prior to the
coming into force of the legislation.
No negative effects for prostituted persons
Despite misgivings that it would be more difficult to reach out and offer support to women in
prostitution, that prostitution activities would "go underground", and that the conditions of
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
37
prostituted individuals would worsen, the Inquiry did not find evidence that the prohibition
had negative effects for individuals exploited in prostitution.
Enforcement
The enforcement of the legislation generally worked very well: police and prosecutors did not
identify any administrative or investigative difficulties to enforce the law. The Inquiry
concluded that successful enforcement of the legislation depends on available resources, and
the priorities made by the justice system.
141
Recommendations to the Government
The most important recommendation was for the Government to continue the work to prevent
and combat prostitution and trafficking in human beings for sexual purposes.
Victims support and measures on demand
The Inquiry recommended that those who are exploited in prostitution should be given
adequate support and assistance, those who risk being prostituted should be given support
and assistance to prevent their exploitation, and measures to deter buyers of sexual services
should be developed further.
National coordination centre
It was recommended that a national centre for the prevention and combat of prostitution and
trafficking in human beings be created to be responsible for coordination, research and other
matters on topic.
Legal recommendations
The maximum sentence for the purchase of sexual services should be increased from six
months to one year in prison. This would allow the police to arrest perpetrators, and would
allow other investigative methods to be used that would facilitate the pursuit of responsible
networks.
Women in prostitution should be considered as plaintiffs in selected cases of the purchase of
sexual services allowing them to receive compensation, or initiate civil law suits.
Finally, the option to prosecute Swedish citizens and residents, who purchase sexual services
outside the country, in a Swedish court, should be investigated further.
142
Evaluation of the National Action Plan on Prostitution and Trafficking in Human Beings
In 2011, the National Crime Prevention Council publicized its evaluation of the initiatives
under the 2008 National Action Plan on Prostitution and Trafficking in Human Beings for
Sexual Purposes. The researchers concluded that the objectives of the National Action Plan
141
Förbud mot köp av sexuell tjänst. En utvärdering 1999-2008 (SOU 2010:49) (2 July
2010). See also: Selected Extracts of the Swedish Government report SOU 2010:49 - The
Ban against the Purchase of Sexual Services: An Evaluation 1999-2008 (Stockholm, Sweden:
Swedish Institute, November 2010). See also: Ekberg, Gunilla S. and Wahlberg, Kajsa, “The
Swedish Approach: A European Union Country Shows How to Effectively Fight Sex
Trafficking” 2:2 (2011) Solutions Journal.
142
Supra.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
38
generally were fulfilled, in particular in relation to its awareness raising and capacity building
aspects, but that measures for support and assistance to victims needed to be further
developed.
143
The National Crime Council also collects statistics on all other crimes in Sweden, which the
Council publishes annually.
144
Selected research studies
Since the coming into force of the legislation that prohibits the purchase of a sexual service,
and in particular as a result of the concerted efforts to implement the Swedish approach on
the prevention and elimination of prostitution and trafficking in human beings for sexual
purposes between 2001 and 2007, many academic and other research studies on different
aspects have been carried out in Sweden and in other counties.
This research material contributes to a solid knowledge bank with studies that assess the
rationale, impact, benefits and drawbacks of the targeted laws, policies, strategies and
actions.
National Board of Health and Welfare
Evaluation of municipal victim support services
In 2008, the National Board of Health and Welfare was given additional tasks including to
evaluate the municipal support services for individuals involved in prostitution, as well as
services for individuals, who purchase or who have purchased a sexual service.
A comprehensive research report was published in 2012.
145
Mapping of the scale and extent of prostitution activities in Sweden
In 2015, and in collaboration with the Anti-Trafficking Unit at the Stockholm County
Administration, the National Board of Health and Welfare presented its first report under its
new mandate focusing on the scale and extent of prostitution activities in Sweden.
This report attempted to measure e.g. the number of individuals in street prostitution, the
number and percentage of the population of men in Sweden, who have purchased a sexual
service, the public support for the legal and policy approach to prostitution, and, most
debated, the number of prostitution-related activities and number of involved individuals
online during the past eight years.
146
143
Prostitution och människohandel: Slutredovisning av regeringens handlingsplan
(2011:18). (Stockholm, Sverige: Brottsförebyggande rådet, 2011). Online at:
http://www.bra.se/bra/publikationer/arkiv/publikationer/2011-11-30-prostitution-och-
manniskohandel-for-sexuella-andamal.html
144
Online at: https://www.bra.se/brott-och-statistik.html
145
Svedin, Carl-Göran et al., Prostitution i Sverige. Huvudrapport: Kartläggning och
utvärdering av prostitutionsgruppernas insatser samt erfarenheter och attityder i befolkningen
(Stockholm, Sweden: Socialstyrelsen, 2012). Online at: http://www.diva-
portal.org/smash/get/diva2:506410/FULLTEXT01.pdf
146
Prostitutionen i Sverige 2014: En omfattningskartläggning (Stockholm, Sweden:
Länsstyrelsen i Stockholms lan Rapport 2015:10). Online at:
http://www.lansstyrelsen.se/stockholm/SiteCollectionDocuments/Sv/publikationer/2015/prost
itution-kartlaggning-2014.pdf
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
39
Improved mapping methodology
In October 2015, and to ensure that information concerning the extent and development of
prostitution activities in Sweden collected by the different monitoring mechanisms, civil
society and other stakeholders is reliable and consistent, the Government mandated the
National Board of Health and Welfare to investigate and propose a (new) model for the
collection of information and data about prostitution over time.
147
The new methodology with
indicators will be presented in 2018.
Stakeholder studies
National mapping of the situation of children, victims of human trafficking for different
purposes
In June 2015, the Government appointed the Stockholm County Administration in
collaboration with the Health and Social Care Inspectorate, the Migration Agency, the
National Rapporteur on Trafficking in Human Beings, the Board for National Health and
Welfare, the National Board for Institutional Care, the Association of Local Authorities and
Regions, and the Prosecution Authority, to map and investigate the situation of children, who
are or who are believed to be victims of human trafficking and human trafficking related
crimes, with a particular attention to the different needs of girls and boys.
148
The final report was submitted to the Government on 10 December 2015.
149
Stockholm Regional Police Authority
A recent pilot study of prostitution users in the police region of Stockholm showed that of the
274 cases in 2016 reported under the offence that prohibits the purchase of a sexual service
(and attempts), 188 prostitution users were Swedish citizens, with the remaining 86
representing 38 different nationalities.
All prostitution users were men between 15 and 81 years of age, with seven prostitution users
being less than 20 years old. The study also showed that the majority of prostitution users
contacted the procurers via online prostitution websites, and sexually exploited the victims in
their own private homes or their hotel rooms.
150
Chapter 8: Statistical data on prostitution and trafficking in human beings for sexual
purposes in Sweden
147
Socialdepartementet, Uppdrag att utreda och föreslå en modell för att samla kunskap om
prostitutionen över tid ” (S2015/06285/JÄM) (1 October 2015). Online at:
http://www.regeringen.se/regeringsuppdrag/2015/10/uppdrag-att-utreda-och-foresla-en-
modell-for-att-samla-kunskap-om-prostitutionen-over-tid/
148
Regeringsbeslut, Uppdrag att genomföra en nationell kartläggning av barn som utsatts för
eller misstänks att ha utsatts för människohandel eller människohandelsliknande brott
(S2015/04481/FST) (17 juni 2015). Online at:
http://www.regeringen.se/regeringsuppdrag/2015/06/uppdrag-att-genomfora-en-nationell-
kartlaggning-av-barn-som-utsatts-eller-misstanks-ha-utsatts-for-manniskohandel-eller-
manniskohandelsliknande-brott/
149
Människohandel av barn: nationell kartläggning 2012-2015 (Stockholm: Länsstyrelsen,
rapport 2015:30) (10 December 2015).
150
Supra, Lägesrapport 18.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
40
The number of cases of trafficking in human beings for sexual purposes has been relatively
stable since the introduction of legislation in 2002 and 2004 that criminalizes all forms of
trafficking in human beings.
The victims of human trafficking for sexual purposes to, through and within Sweden, are
almost without exception women and girls, mainly aged between 16-40 years, with some
younger girls also falling victims. Recently, there have been indications that some underage
boys also have been trafficked to Sweden for sexual purposes, but it has not been possible to
confirm this information.
151
In 2016, the number of reported cases of trafficking in human beings for sexual purposes
increased to 85 compared to 2015, when only 58 cases were reported. Most of these cases
(46) were reported by the Swedish Migration Agency, and involved in the majority of cases,
crimes that were committed in other countries than Sweden, against women and girls, who
were fleeing armed conflict, starvation or national disasters in countries such as Syria, Iraq,
Afghanistan.
152
The last few years, a majority of women, who are victims of trafficking in human beings for
sexual purposes to, within and through Sweden, were citizens of EU Member States in
Eastern and South-Eastern Europe, in particular Romania, with some women being recruited
in Bulgaria, Ukraine, Russia, Lithuania, and Poland. Some women, who originally came to
Europe from Nigeria, and who hold residence permits in e.g. Italy and Spain were also
trafficked to Sweden for prostitution purposes.
153
Likewise, the traffickers, recruiters and procurers of victims of that were trafficked to
Sweden for prostitution purposes over time, are citizens of the same European Member
States, some with permanent residency in Sweden, are part of smaller networks that recruit
victims locally in friendship circles, through family connections, or with the use of social
media.
154
Statistical data: Enforcement of the ban on the purchase of a sexual service/sexual act
(1999-2016)
Since the legislation came into force on January 1, 1999, 7619 men have been apprehended
for attempting to purchase or for having purchased a sexual service (PSS). In addition, 1685
men have been arrested for the purchase of a sexual act from a child under 18 years of age
(PSA). Through the direct or indirect intervention by the police, many more have been
dissuaded from purchasing someone for the purpose of exploitation in prostitution.
151
Supra.
152
In 2015, Sweden received approximately 163,000 asylum seekers, mostly from Syria, Iraq
and Afghanistan, fleeing the armed and political conflicts in the Middle East. Of these
refugees, approximately 50,000 were women and girls, with only 2,857 of the 35,369
unaccompanied children being girls. See: “Asylsökande till Sverige under 2000-2016”,
statistical data from the Migration Agency (2017). See also a 2017 report from the National
Board of Health and Welfare on the situation of unaccompanied girls, Analys av situationen i
socialtjänsten våren 2017: Fokus på ensamkommande flickor, yngre barn,
nätverksplaceringar samt suicidrisk – delrapport 3 (Stockholm, Sweden: Socialstyrelsen,
2017). Online at: http://www.socialstyrelsen.se/publikationer2017/2017-6-14
153
Supra, National Rapporteur on Trafficking in Human Beings, Lägesrapport 18.
154
Supra.
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
41
Reported offences: 1 January 1999-31 December 2017
´99
‘00
´01
´02
´03
´04
´05
´06
´07
´08
´09
´10
´11
´12
´13
´14
’15
’16
17
TOTAL
PSS
94
92
86
110
300
156
460
163
189
187
352
1277
765
551
544
601
523
600
560
7619
PSA
19
21
30
56
22
38
60
46
67
46
150
233
131
103
150
96
134
183
92
1685
The National Council for Crime Prevention (Brottsförebyggande Rådet) [http://www.bra.se]
Convictions: 1 January 1999-31 December 2016
The National Council for Crime Prevention (Brottsförebyggande Rådet). [http://www.bra.se] NB. Convictions
rates are published the year after the year the offence was first reported.
Statistical data: Enforcement of the offences of procuring and trafficking in human beings
for sexual purposes (1999-2016)
Reported crimes: Procuring and gross procuring - 1 January 1999-31 December 2017
´99
´00
´01
´02
´03
´04
´05
´06
´07
´08
´09
´10
´11
´12
´13
´14
’15
’16
‘17
TOTAL
32
46
43
46
69
98
94
58
65
51
94
120
86
95
108
109
82
102
132
1460
The National Council for Crime Prevention (Brottsförebyggande Rådet) [http://www.bra.se]
Reported crimes: Trafficking in human beings for sexual purposes - 1 January 2002-31
December 2017
´02
´03
´04
´05
´06
´07
´08
´09
´10
´11
´12
´13
´14
’15
16
‘17
TOTAL
Total AD + CH
-
22
29
44
27
15
15
31
32
35
21
40
31
58
81
82
563
AD
-
-
-
-
-
-
15
22
25
25
12
29
26
47
66
59
326
CH
-
-
-
-
-
-
0
9
7
10
9
11
5
11
15
23
100
The National Council for Crime Prevention (Brottsförebyggande Rådet) [http://www.bra.se]
NB: The trafficking in human beings offence came into force in 2002. Beginning in 2008, data was collected
separately for THB-SP of adults (AD) and THB-SP of children (CH) under the age of 18.
‘99
‘00
‘01
‘02
‘03
‘04
‘05
‘06
‘07
´08
‘09
‘10
‘11
‘12
‘13
‘14
‘15
‘16
TOTAL
PSS
11
29
38
37
72
48
94
108
85
69
107
336
450
319
391
260
282
270
3006
PSA
1
6
69
6
9
7
33
76
3
8
15
233
Copyright © 2017 Gunilla S. Ekberg
All rights reserved.
42
***
Suggested citation: Ekberg, Gunilla S. et al, Brief: Swedish Laws, Policies and Interventions
on Prostitution and Trafficking in Human Beings: A Comprehensive Overview (Stockholm,
Sweden, 24 February 2018).
Article
Full-text available
Ideas, policies and models related to criminal justice often travel between places. How, then, should we make sense of this movement? We make the case for drawing on the policy mobilities literature, which originates in human geography. It is only recently that criminological studies have drawn on small parts of this literature. This article argues for a more expansive engagement with the policy mobilities literature, so that criminal justice researchers focus on concepts such as mobilities, mutation, assemblages, learning, educating and showcasing when studying the movement of criminal justice ideas, policies and models. To illustrate our argument, we will draw on a case study of the adaptation of the 'Swedish model' of governing sex work by policymakers in Northern Ireland.
Technical Report
Full-text available
The report was finalized in November 2003, and published in 2004 by the Nordic Council of Ministers, Copenhagen, Denmark. Also available at: http://norden.diva-portal.org/smash/record.jsf?pid=diva2%3A701073&dswid=2710
Routes out: Quantifying the Gendered Experience of Trafficking to the UK
  • For Women
  • Routes In
for Women, Routes in, Routes out: Quantifying the Gendered Experience of Trafficking to the UK. (London, United Kingdom: Eaves, 2008).
Challenging Men's Demand for Prostitution in Scotland: A Research Report Based on Interviews with 110 Men who Bought Women in Prostitution
  • Jan Macleod
Macleod, Jan et al., Challenging Men's Demand for Prostitution in Scotland: A Research Report Based on Interviews with 110 Men who Bought Women in Prostitution (Glasgow, Scotland: Women's Support Project, 2008).
Exploring the Demand for Prostitution: What Male Buyers Say about Their Motives, Practices, and Perceptions
  • Ghada Jabbour
Jabbour, Ghada, et al., Exploring the Demand for Prostitution: What Male Buyers Say about Their Motives, Practices, and Perceptions (Beirut, Lebanon: Kafa Enough Violence and Exploitation, 2014).
stockholm.se/FamiljOmsorg/Socialt-ochekonomiskt-stod/Missbruk-och-beroende/Stod-till-dig-som-saljer-eller-koper-sexuellatjanster/Rad-och-stod-for-dig-som-koper-sexuella-tjanster/ See also: Gothenburg BOSS/KAST, online at: http://goteborg.se/wps/portal?uri=gbglnk:GBG
  • Boss Stockholm
  • Kast
Stockholm BOSS/KAST, online at: http://www.stockholm.se/FamiljOmsorg/Socialt-ochekonomiskt-stod/Missbruk-och-beroende/Stod-till-dig-som-saljer-eller-koper-sexuellatjanster/Rad-och-stod-for-dig-som-koper-sexuella-tjanster/ See also: Gothenburg BOSS/KAST, online at: http://goteborg.se/wps/portal?uri=gbglnk:GBG.Enh.SexuellHalsa.Kast and Malmö KAST, online at: http://www.malmo.se/prostitution
Prostitution i Norden: en forskningsrapport (Köpenhamn, Danmark: Nordiska ministerrådet
  • Charlotta M Holmström
Holmström, Charlotta m.fl., Prostitution i Norden: en forskningsrapport (Köpenhamn, Danmark: Nordiska ministerrådet, 2009). Online at: http://norden.divaportal.org/smash/get/diva2:702704/FULLTEXT01.pdf 56 Penal Code, Chapter 6: On Sexual Crimes, section 9.
See also: Förstärkt straffrättsligt skydd mot människohandel (prop
  • Lag
Lag (1988:609) om målsägandebiträde. Online at: http://www.notisum.se/rnp/sls/lag/19880609.htm 59 See: Aliens Act (2005:716) (Chapter 5: Residence permits, section 15). Online at: http://www.government.se/contentassets/784b3d7be3a54a0185f284bbb2683055/aliensact2005_716.pdf See also: Förstärkt straffrättsligt skydd mot människohandel (prop. 2009/2010:152 (Chapter 6). Online at: http://www.riksdagen.se/sv/DokumentLagar/Forslag/Propositioner-och-skrivelser/Forstarkt-straffrattsligt-skyd_GX03152/
Uppdrag att utreda och föreslå en modell för att samla kunskap om prostitutionen över tid
  • Socialdepartementet
Socialdepartementet, Uppdrag att utreda och föreslå en modell för att samla kunskap om prostitutionen över tid " (S2015/06285/JÄM) (1 October 2015). Online at: http://www.regeringen.se/regeringsuppdrag/2015/10/uppdrag-att-utreda-och-foresla-enmodell-for-att-samla-kunskap-om-prostitutionen-over-tid/
National Organization for Women's Shelters and Young Women's Shelters"] (Roks)
  • Riksorganisationen För Kvinnojourer Och Tjejourer I Sverige
Riksorganisationen för kvinnojourer och tjejourer i Sverige ["National Organization for Women's Shelters and Young Women's Shelters"] (Roks). Online at: http://www.roks.se/about-roks-1 See also: Unizon. Online at: http://unizon.se/english
The reason is, according to the Special Rapporteur, the incapacity of prostitution users to distinguish between those prostituted individuals "that are subject to illicit means … and those that are not
  • Supra
Supra, at 12, para. 60. The reason is, according to the Special Rapporteur, the incapacity of prostitution users to distinguish between those prostituted individuals "that are subject to illicit means … and those that are not."