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Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims has expressly included the exploitation of criminal activities as one of the possible purposes of this crime. Consequently, not only was the concept of human trafficking broadened but also the difficulties in identifying victims, particularly in this type of exploitation in which many trafficked people are actually treated as criminals. This chapter will examine the wide variety of actions that can amount to human trafficking for criminal exploitation, using facts and cases reported by governmental and non-governmental organizations as key documents. These experiences will highlight the challenges of differentiating between criminals and trafficking victims, and will serve as a basis for suggesting some improvements in order to guarantee victims' protection.

This paper contributes to existing global knowledge on female traffickers by providing data about 43 women punished for human trafficking in Spain between 2015 and 2018. Several factors related to the women's profiles, methods and roles performed in the criminal enterprise are analysed, based on information obtained from 39 court judgments. The results highlight the similarity between victims' and perpetrators' personal circumstances, and show that women's involvement in trafficking can vary substantially, illustrating the complex dynamics behind this crime. Overall, the paper underlines the need to develop gender-appropriate policies to prevent human trafficking and guarantee proportionality in criminal justice responses.

One of the most remarkable challenges concerning global migration policies nowadays has to do with impeding the trafficking of migrant workers for the purposes of labour exploitation. This paper aims to examine whether Spain has adequately fulfilled its obligations to prevent and prosecute labour trafficking and protect trafficking victims. To do so, it offers a critical analysis of public policies concerning labour trafficking, contrasting them with case-law and data regarding its implementation in practice. Thus, the most recent available data concerning inspection, investigation and prosecution of labour trafficking cases, as well as the identification and protection of labour trafficking victims in Spain is evaluated here. The results highlight the invisibility of human trafficking victims for the purposes of labour exploitation, partly caused by the lack of measures that specifically address this form of trafficking.

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