Gert Vermeulen

Female genital mutilation : Knowledge, attitudes and practices of Flemish gynaecologists

Objective To assess the knowledge, attitudes and practices with regard to female genital mutilation (FGM) among gynaecologists in Flanders, Belgium. Methods A questionnaire-based survey was sent to 724 Flemish gynaecologists and trainees. Results Three-hundred-and-thirty-four questionnaires were returned. The survey revealed gaps in the knowledge of FGM and the provision of care by Flemish gynaecologists to women who had been mutilated. It also appeared that FGM was not properly addressed in the basic and specialized medical training in Flanders, that little was known about codes of conduct issued by the hospitals when these were not lacking altogether, and that knowledge about legislation concerning FGM was deficient. There was much confusion whether re-infibulation is authorized, and what its legal status is. Some respondents considered cosmetic vaginal surgery as a form of FGM and many were in favour of the medicalization of FGM. Gynaecologists were most commonly confronted with complaints related to sexual problems caused by FGM. Finally, the study also showed that only about a third of the gynaecologists were discouraging women from having their daughters excised. Conclusion There is a need for a thorough discussion among all those concerned of the ethical and legal aspects of re-infibulation, medicalization of FGM and cosmetic vaginal surgery.

Joint Investigation Teams in the European Union : from theory to practice

The Legal and Practical Implementation of JITS: The Bumpy Road from EU to Member State Level.- Law Enforcement Information Exchange in the Pre-Operational Phase of a JIT.- Law Enforcement Information Exchange in the Operational Phase of a JIT.- Judicial Cooperation in Criminal Matters: Mutual Legal Assistance.- The Role of Europol and Eurojust in Joint Investigation Teams.- Sociological Aspects Regarding the Set up and Management of a Joint Investigation Team.- Conclusions and Recommendations.

Towards minimum procedural guarantees for the defence in criminal proceedings in the EU

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented. 1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it: [I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EUs criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe. 2

The Long Road from Rhetoric to Evidence on Trafficking in Human Beings: About Research Efforts to Prepare Proper EU Monitoring on the Matter

The development of indicators on violence and related data collection regarding missing and sexually exploited children and trafficking in human beings is essential in preparing and supporting evidence-based policy making in the said areas. At present, however, there is no comprehensive matrix of relevant indicators, characteristics and variables, standardised for the entire EU, regarding the said phenomena.

Towards an EU Strategy to Combat Trafficking and Labor Exploitation in the Supply Chain. Connecting Corporate Criminal Liability and State-Imposed Self-Regulation Through Due Diligence?

The distinction between voluntary and coerced labor has never been more blurred than today, with the supply of willing workers that find themselves in a grey zone between the choice for certain work and the borderline-coercive reliance on malafide employers, traffickers or the like. Policy makers are desperately seeking new ways to eradicate trafficking for labor exploitation. A shift in focus is currently happening, towards the demand-side of exploitative labor. This chapter examines approaches of dealing with the responsibility of the private sector for trafficking and labor exploitation in their supply chains. The issue is currently being dealt with in a variety of ways, such as through labor law, civil law, criminal law and through self-regulation of companies, be it sate-induced or fully voluntary. This chapter focuses on severe cases of trafficking or labor exploitation, committed by a subcontractor of a company bearing guilty knowledge of the exploitation. It will be examined in this chapter how the EU can take legislative action in the sphere of criminal law, to deal with the issue. Two possible approaches will be discussed: the creation of a new crime of “knowingly using the services of victims of trafficking” or the adoption of a European concept of participation in crime, specifically for trafficking and labor exploitation. It will become clear from this analysis that doing business with due diligence plays a crucial role for the conclusion to corporate criminal liability, as it is a vital aspect of concluding to guilty knowledge by companies, or the lack there-of, of malafide practices in the supply chain.

The Europol council decision: a new legal basis for Europol

This article offers a thorough analysis of the legal basis of Europol over the years of its existence. Three eras are distinguished: the pre-Convention era, the Convention era and the post-Convention era. The succession of legal instruments represents choices embodying the development of Europol. The choices made are analysed and evaluated using four criteria: necessity, consistency, balance and transparency. By studying Europols legal basis simultaneous insight is gained into the lawmaking process under the third pillar of the EU. Here a distinction is made between the periods before and after the entry into force of the Treaty of Amsterdam, as well as between the periods before and after the entry into force of the Treaty of Lisbon.