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Approach to Forced Begging in Other European Countries

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Approach to Forced Begging in Other European Countries 45 CHAPTER 4: APPROACH TO FORCED BEGGING IN OTHER EUROPEAN COUNTRIES For this focus, Myria spoke to the other Myria is therefore presenting a summary of national rapporteurs. It wanted to find out the answers received in this chapter. Special about the experiences in other European attention, although limited, will also be paid countries regarding the fight against forced to minors, because they are the ones who begging. Myria asked them five questions appear to be particularly affected by this relating to the following aspects: form of trafficking in several countries106. - the status of begging in their country; 1. The status of begging - the explicit inclusion (or not) of trafficking for the purpose of As is the case in Belgium, begging is not an exploitation of begging within the offence in several countries. context of trafficking; As is the case in Belgium, Nevertheless, it is banned in - how cases of begging is not an offence in some cases, for instance, when exploitation of several countries. it implicates children or in the begging in the Nevertheless, it is banned in case of aggressive begging. This country were dealt some cases, for instance, when is particularly the case in 107 108 109 with, the results it implicates children or in the France , Spain , Sweden , 110 111 obtained and, if case of aggressive begging. Scotland , and Hungary . necessary, the profiles of the perpetrators and victims; - examples of best practices and experiences concerning the approach to this form of exploitation; 106 A major study was conducted on this subject in - the existence of interesting articles or several European countries, within the framework of reports on forced begging. the European Commission's ISEC project. On this subject, see: Report for the Study on Typology and Policy Responses to Child Begging in the EU, Out of the 27 Member States questioned, December 2012: https://ec.europa.eu/anti- 15 replied to the questions asked, which trafficking/sites/ bears witness to a good collaboration antitrafficking/files/report_for_the_study_on_typol between national rapporteurs. We should ogy_and_policy_responses_to_child_begging_in_th e_eu_0.pdf. However, owing to the limited point out that Scotland answered for the framework of this chapter, we wo not be dealing United Kingdom and that Romania, which with it here. contributed to this report, did not explicitly 107 Article 312-12-1 of the Criminal Code (aggressive reply to the questions asked105. begging), Article 227-15 of the Criminal Code (minors, assimilation with the unlawful denial of care). The answers come from countries of origin 108 Article 232 of the Criminal Code (it is an offence to as well as destination countries. use minors for the purpose of begging). 109 Begging is legal as long as it does not disrupt public order or offend the public. 110 In Scotland, the police and public prosecutors have the power, through existing legislation, to deal with aggressive begging, e.g. through section 38 of 105 It is included in the total number of countries that the Criminal Justice and Licensing (Scotland) Act replied but since the answers were dealt with in the 2010. Scottish legislation also allows people who use framework of the external contribution provided, children for begging to be prosecuted. they wo not be dealt with again here. On this 111 It is forbidden to beg in the company of minors, or subject, please refer to the end of this focus (See the participate in active begging by approaching following external contribution: Experiences of passers-by on a public thoroughfare (Article 185 of exploitation for forced begging in Belgium and Act II of 2012 on infractions, infraction proceedings Romania). and the registration system of infractions). 46 Furthermore, local authorities often have EUR 3,000116. In Bulgaria, both a person the power to control begging in their area systematically practising begging117 and a (in the Netherlands112 or in the Czech person using someone they are responsible Republic113 for instance, by using their for to beg118, are punishable by law. In police power in case of public disorder Malta, begging is also considered a criminal (France). offence119 whereas in Lithuania, it is considered a violation of the administrative For instance, in Austria, there are no provisions. country-wide regulations concerning begging. Passive begging is therefore not Begging is an offence in Croatia. Parents and illegal but every federal province legal guardians can be held responsible if ('Bundesländer') is authorised to control their child begs. As for forcing a child to beg, begging geographically or according to the this is punishable under the Criminal Code type of begging. Moreover, the towns and 120. municipalities also have this power. Consequently, in certain provinces, 2. Forced begging as a distinctive aggressive begging, organised begging or form of human trafficking begging with children under the age of 14 is forbidden. In the majority of countries that answered, forced begging is, as is the case in Belgium, In Germany too, it is the local authorities just one of the purposes specific to human who decide where begging is forbidden or trafficking, separate to that related to restricted. For example, in Munich, passive labour exploitation. This is the case in begging is permitted but intrusive, France121, the Netherlands, Austria122, aggressive, or organised begging is Greece123, Bulgaria124, Lithuania, and Malta. forbidden114. In other EU countries, begging is forbidden Hence, in Greece, Bulgaria, Lithuania, and 116 Malta, begging is illegal. The Greek Criminal Likewise, anyone who encourages or fails to Code115 punishes anyone begging with a six- discourage other people they are responsible for from begging or who provides minors or mentally or month prison sentence and a fine of up to physically disabled persons to others for the purpose of eliciting pity among the public with a view to making a financial gain, is also punishable. (Article 409 of the Criminal Code). 117 Article 329 of the Criminal Code (Chapter 10: crimes disrupting public order or the peace). 118 Article 189 of the Criminal Code (Chapter 4, section two: crimes against children). 119 As a result, three Bulgarian nationals were summoned to court for begging. They were conditionally released after having pleaded guilty, stating that they did not know begging was 112 Hence, while begging has been decriminalised prohibited in Malta. since 2000, it is the municipalities that decide 120 Article 177. This offence features among the whether or not to set up local bans. behaviours relating to negligence and abuses of 113 Begging is not a criminal offence, but it can be children's rights. forbidden by municipalities in certain places. 121 Article 225-4-1 of the Criminal Code. Like Belgium, 114 M. CISSEK-EVANS, “Begging and the exploitation of the French Criminal Code provides for a separate criminal activities”, in KOK, Human Trafficking in charge for the exploitation of begging (article 225- Germany, an overview from a practical standpoint, 12-5 Criminal Code). 2015, p. 119. 122 §104a of the Criminal Code. 115 Article 407. 123 Article 323A of the Criminal Code. 47 Germany should also soon define it as a 3. Experiences of cases of trafficking particular form of human trafficking. for the purpose of forced begging In other countries, however, forced begging The majority of countries that responded - whether explicitly mentioned or not - is have already had to deal with cases of considered a form of forced labour. This is trafficking for the purpose of exploitation of the case in Spain125, Sweden126, the Czech begging, albeit a limited number. 127 Republic, and Croatia . For instance, in Spain in 2014, there were four cases of presumed trafficking for the As for Hungary, it makes no reference to purpose of exploitation of begging. One of specific purposes of exploitation in its them was taken to court but definition of trafficking, As is the case in Belgium, resulted in an acquittal. The since the key factor is begging is not an offence in people concerned in these cases the attempt to gain several countries. were of Roma origin above all. from abusing a victim's Nevertheless, it is banned in In Sweden, since 2009, the vulnerable situation, some cases, for instance, when Swedish courts have tried five whether the benefit is it implicates children or in the 128 cases of trafficking with regard to financial or not . This case of aggressive begging. definition is completed forced begging, three of which led by other provisions, such as those on forced to convictions. 129 labour . Forced begging can therefore fall The Swedish government also believes that under the definition of trafficking within this some 4,700 people, mainly from Romania framework. and Bulgaria, have arrived in Sweden within the framework of the free movement of Scotland recently adopted new anti- persons, in order to beg, and that their trafficking legislation, regardless of the number has significantly increased in the purpose of the exploitation. However, past five years. begging is not specifically mentioned among the forms of exploitation130. In February 2016, two Bulgarian brothers were convicted of trafficking, after having exploited several poor and disabled persons who were promised work in Sweden. Their victims included a retired 69-year-old, a young illiterate person in a wheelchair, and a 62-year-old blind man. These victims were given nothing for the long days they spent begging. Two other people, a Macedonian 124 Article 159a of the Criminal Code. who housed the victims and a Bulgarian 125 In Spain, begging features explicitly among the woman who helped with the logistics were purposes of trafficking but is listed among the forms also convicted, although they received of forced labour (Article 177bis of the Criminal lighter sentences131. Code). 126 The term begging is not mentioned but can fall In the Netherlands, there have not been any under the definition of trafficking as forced labour or cases of forced begging; however, court as a situation involving distress for the victim (Chapter 4§1 of the Criminal Code).
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