Article 11
Everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
Article 15
1. Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
Article 19
1. It shall be the concern of the authorities to promote the provision of sufficient employment.
2. Rules concerning the legal status and protection of working persons and concerning codetermination shall be laid down by Act of Parliament.
3. The right of every Dutch national to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to Act of Parliament.Netherlands Constitution
Section 273F
1. Any person who:
(a) by force, violence or other act, by the threat of violence or other act, by extortion, fraud, deception or the misuse of authority arising from the actual state of affairs, by the misuse of a vulnerable position or by giving or receiving remuneration or benefits in order to obtain the consent of a person who has control over this other person recruits, transports, moves, accommodates or shelters another person, with the intention of exploiting this other person or removing his or her organs;
(b) recruits, transports, moves, accommodates or shelters a person with the intention of exploiting that other person or removing his or her organs, when that person has not yet reached the age of eighteen years;
(c) recruits, takes with him or abducts a person with the intention of inducing that person to make himself/herself available for performing sexual acts with or for a third party for remuneration in another country;
(d) forces or induces another person by the means referred to under (a) to make himself/herself available for performing work or services or making his/her organs available or takes any action in the circumstances referred to under (a) which he knows or may reasonably be expected to know will result in that other person making himself/herself available for performing labour or services or making his/her organs available;
(e) induces another person to make himself/herself available for performing sexual acts with or for a third party for remuneration or to make his/her organs available for remuneration or takes any action towards another person which he knows or may reasonably be expected to know that this will result in that other person making himself/herself available for performing these acts or making his/her organs available for remuneration, when that other person has not yet reached the age of eighteen years;
(f) wilfully profits from the exploitation of another person;
(g) wilfully profits from the removal of organs from another person, while he knows or may reasonably be expected to know that the organs of that person have been removed under the circumstances referred to under (a);
(h) wilfully profits from the sexual acts of another person with or for a third party for remuneration or the removal of that person’s organs for remuneration, when this other person has not yet reached the age of eighteen years;
(i) forces or induces another person by the means referred to under (a) to provide him with the proceeds of that person’s sexual acts with or for a third party or of the removal of that person’s organs;
shall be guilty of trafficking in human beings and as such liable to a term of imprisonment not exceeding six years and a fifth category fine*, or either of these penalties:
2. Exploitation comprises at least the exploitation of another person in prostitution, other forms of sexual exploitation, forced or compulsory labour or services, slavery, slavery like practices or servitude.
3. The following offences shall be punishable with a term of imprisonment not exceeding eight years and a fifth category fine*, or either of these penalties:
(a) offences as described in the first paragraph if they are committed by two or more persons acting in concert;
(b) offences as described in the first paragraph if such offences are committed in respect of a person who is under the age of sixteen.
4. The offences as described in the first paragraph, committed by two or more persons acting in concert under the circumstance referred to in paragraph 3 under (b), shall be punishable with a term of imprisonment not exceeding ten years and a fifth category fine*, or either of these penalties.
5. If one of the offences described in the first paragraph results in serious physical injury or threatens the life of another person, it shall be punishable with a term of imprisonment not exceeding twelve years and a fifth category fine*, or either of these penalties.
6. If one of the offences referred to in the first paragraph results in death, it shall be punishable with a term of imprisonment not exceeding fifteen years and a fifth category fine*, or either of these penalties.
7. Article 251 is applicable mutatis mutandis. *A fifth category fine is a fine of maximum € 67.000.
Section 274
Any person who engages in slave trading, for his own or another's account, or who intentionally participates in it, either indirectly or directly, shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.
Section 275
1. Any person who takes service or serves as a master on a vessel, knowing that it is intended for slave trading, or employing it for that purpose, shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.
2. If the transportation results in the death of one or more slaves, the master shall be liable to a term of imprisonment not exceeding fifteen years or a fine of the fifth category.
Section 276
Any person who takes service on a vessel as a crew member, knowing that it is intended for slave trading or that it is employed for that purpose, or voluntarily continues his service on such vessel after having learned of such purpose or employment, shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category.
Section 277
Any person who, for his own or another's account, either indirectly or directly, cooperates in the leasing, hiring out or insuring of a vessel, knowing that it is intended for slave trading, shall be liable to a term of imprisonment not exceeding eight years or a fine of the fifth category.
Section 278
Any person who takes another person across the borders of the Kingdom in Europe, with the intention of unlawfully placing him under the control of another person or placing him in a powerless situation, shall be guilty of kidnapping and shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.
Section 281
1.
1. Any person who takes away a female minor against the will of her parents or guardians, but with her consent, with the intention of securing possession of her, either in or out of wedlock, shall be guilty of abduction and shall be liable to a term of imprisonment not exceeding six years or a fine of the fourth category;
2. Any person who takes away a woman by a ruse, an act of violence or threat of violence, with the intention of securing possession of her, either in or out of wedlock, shall be guilty of abduction and shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category;
2. Prosecution shall take place only on complaint.
3. The complaint shall be filed:
a. by the woman, or by the person whose consent she requires to enter into a marriage, if she was a minor at the time of the abduction;
b. by the woman, or by her husband, if she was of age at the time of the abduction.
4. If the abductor has entered into a marriage with the abducted woman, conviction shall only take place after the marriage has been declared null and void.Netherlands Criminal Code
§ 2. Crimes
Section 4
1. Anyone who commits one of the following acts shall be guilty of a crime against humanity and liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine, if such acts are committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(c) enslavement;
2. For the purposes of this section:
(b) ‘enslavement’ means the exercise of any or all of the powers attaching to the right of ownership over a person, including the exercise of such power in the course of trafficking in persons, in particular women and children;
Section 5
3. Anyone who commits, in the case of an international armed conflict, one of the following acts:
(a) rape, sexual slavery, enforced prostitution, enforced sterilisation or any other form of sexual violence which can be deemed to be of a gravity comparable to a grave breach of the Geneva Conventions;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.
Section 6
2. Anyone who, in the case of an armed conflict not of an international character, commits one of the following acts:
(a) rape, sexual slavery, enforced prostitution, enforced sterilisation or any other form of sexual violence which can be deemed to be of any gravity comparable to a grave breach of the Geneva Conventions;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.
Paragraph 848.
(1) The criminal code contains four sections on the subject of the traffic in and the transport of slaves. Title XVIII (offences against personal freedom) makes the following penal provisions:
Section 274. Anyone engaging in the slave trade for his own or another’s account, or intentionally taking part in it directly or indirectly, is liable to a term of imprisonment not exceeding twelve years.
Section 275. 1. Anyone who signs or serves as master on a vessel in the knowledge that it is intended for the slave trade, or using it for that purpose, is liable to a term of imprisonment not exceeding fifteen years.
2. If the transport results in the death of one or more slaves, the master is liable to a term of imprisonment not exceeding fifteen years.
Section 276. Anyone who signs on as a member of the crew of a vessel in the knowledge that it is intended or used for the slave trade, or who voluntarily continues to serve on the vessel after learning of such intention or use, is liable to a term of imprisonment not exceeding nine years.
Section 277. Anyone who, for his own or another’s account, directly or indirectly co-operates in letting, charting out or insuring a vessel in the knowledge that it is intended for the slave trade, is liable to a term of imprisonment not exceeding eight years.
849. (2) As regards attempts at and complicity in those offences, see the replies to question I , paragraph I, aub-paragraph (f), (g) and (h).
850. (3) and (4) The acts referred to in these questions are combated by the penal provisions mentioned in the replies to question I, paragraph I, sub-paragraphs (a-d) and in the reply to question IV, paragraph I. Pursuant to Section 3 of the criminal code, those provisions are applicable to ocean-going ships in all parts of the world. The general police control of ships and aircraft, in ports and on airfields, is effective enough to prevent or detect the said acts. Moreover, in respect of ocean-going shipping, Section 8, paragraph four of the certificates of register act lays down that if a ship is used for the slave trade, for example, the Minister responsible for the implementation of the Act can withdraw its certificate of registry, so that it is no longer entitled to sail under the Netherlands flag.
851. (5) The reply to the questions asked here has already been partly given under point 3. The Netherlands Government has never had an occasion to bring a criminal offence of this kind to the notice of a foreign Power.
852. (6) The Kingdom of the Netherlands is a Party to the 1926 and 1956 Conventions. There is no need in this part of the world for any additional forms of co-operation with other states for the purpose of eliminating the slave trade. Nor is there any reason for the Netherlands to take police action against slave-trading in the frontier districts.
Paragraph 853.
(7) A person thus taking refuge is ipso facto free. On land the national and local police and other authorities will give him every assistance in preserving his freedom. On board a ship or an aircraft, the master/pilot is under the obligation to do all in his power to make such freedom permanent.