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Law 9/2017, Of 25 May, Of Measures To Fight Against The Traffic Of Human Beings, And Protecting Victims

Original Language Title: Llei 9/2017, del 25 de maig, de mesures per lluitar contra el tràfic d’éssers humans i protegir-ne les víctimes

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CGL20170608_16_28_18 Law 9/2017, of 25 may, of measures to fight against the traffic in human beings and protecting its victims Law 9/2017, of 25 may, of measures to fight against the traffic in human beings and protecting its victims since the General Council in its session of the day may 25, 2017 has approved the following : Law 9/2017, of 25 may, of measures to fight against the traffic in human beings and protecting its victims preamble since the 1 July 2011, which came into force in Andorra the Council of Europe's Convention on the fight against the traffic of human beings, opened for signature in Warsaw on 16 May 2005 , have been promoted and adopted two legislative reforms in order to adapt the Andorran criminal legislation to the principles and provisions of the Convention. So, one of the objectives of the law 40/2014, of 11 December, qualified for the modification of the law 9/2005, of 21 February, qualified of the criminal code was to incriminate the traffic of human beings in a way more accurate, to suit the criminal policy on the recommendations of the group to combat trafficking in human beings (GRETA). This has involved the reform of article 252 of the penal code, which has gone in to intitular "clandestine migrant trafficking", and the creation of articles 121 bis, on the traffic of human beings with a view to organ removal; 134 bis, on the traffic of human beings with a view to slavery or servitude, and 157 bis, on the traffic of human beings with a view to sexual exploitation.
On the other hand, the law 10/2015, of 16 July, amending the law 9/2005, of 21 February, Andorran criminal code has modified the article 409 of the penal code in the sense of to incriminate as money laundering the funds from the specific offences of trafficking in human beings covered in articles 121 bis, bis 134 and 157 bis mentioned above.
By virtue of these two regulatory changes, has been treated satisfactorily the criminal part of the latest recommendations made by GRETA, in particular the proposals contained in the recommendation of the CP (2014/14), adopted on 5 December of 2014 by the Committee of the parties of the GRETA. However, it is necessary to implement two aspects of these recommendations. On the one hand, the slope of the prevention and identification of the victims of trafficking in human beings, in order to avoid as far as possible that will bring out this form of modern slavery; and, on the other hand, the simultaneous or posterior slope to acts of human trafficking, and to protect the victims. These two aspects are those that are discussed and resolved through this law, which is broken down into fifteen articles and five final provisions.
Article 1 establishes the general principle according to which the Government should take all the necessary measures in relation to the prevention and identification of victims of trafficking in human beings, in accordance with the agreement of the Council of Europe on the fight against the traffic of human beings. Articles 2 to 7 modified several provisions of the law 9/2012, May 31, to amend the law of immigration, to establish a period of reflection and recovery of victims, so that they can recover and decide if they want to cooperate with authorities in the investigation of the offence in question. Thus, it is anticipated that during this period the victims cannot be subject to any measure of administrative police, and that as long as there are certain circumstances, may obtain an authorization of immigration of renewable residence and work.
Articles 8 to 12 aim to provide to the people who have been granted a period of reflection and recovery a number of benefits and financial aid so they can recover from a physical, psychological and social point of view. These grants include the return assisted in the country of origin or to another country that offers security and support, provided that the interested party requests, and in all cases the consideration of providing guaranteed. It is for this reason that articles 10 to 12 modify the law 6/2014, of 24 April, social and community health services.
Finally, articles 13 to 15 modify the law 17/2008, of October 3, social security, with the aim that the victims of trafficking of human beings and their minor children of age have the right to a refund of 100% of the price of responsibility, and also to include these victims within the relationship of the special schemes social security and regulate specifically the obligations of membership and contributions.
The Act ends with five final provisions that envisage the need to establish a program of early detection of victims of trafficking in human beings; enable the corresponding Government regulation for the deployment; qualify the provisions of the law amending the law on immigration; the Government entrusted the publication in the official bulletin of the Principality of Andorra of the consolidated text of the laws to be reformed, and determine the date of the entry into force of the legal norm.
Article 1. Prevention measures and the Government, through the Ministry responsible for the interior and the Ministry responsible for Social Affairs, must adopt the necessary measures to prevent the traffic of human beings and to identify the victims, in accordance with the principles set out in the agreement of the Council of Europe on the fight against the traffic of human beings, of 16 May 2005.
Article 2. Addition of a new article 28 quater of law 9/2012, May 31, to amend the law of immigration will add a new article 28 quater, immediately after article 28 ter, law 9/2012, May 31, to amend the law on immigration, which is worded as follows: "Article 28 quater. Residence permit and work back to the recovery and reflection period provided for in article 115 bis 1. Once you have exhausted the period of reflection and recovery provided for in article 115 bis, the foreign person who request can obtain a residence permit and work, under the conditions determined in article 38 c.
2. The residence permit and work is delivered by an initial duration of one year and can be renewed three times by successive periods of two years.

3. Once you have passed the period of seven years from the date of the granting of the authorisation, the renovations are made to successive periods of ten years. "
Article 3. Adding a new article 38 c in law 9/2012, May 31, to amend the law of immigration will add a new article 38 c, immediately after article 38 ter, law 9/2012, May 31, to amend the law on immigration, which is worded as follows: "Article 38 c. Criteria for the granting of permits for residence and work after the recovery and reflection period provided for in article 115 bis 1. Once you have exhausted the period of reflection and recovery provided for in article 115 bis, the foreign person who request can obtain a residence permit and work if that is necessary for your personal situation, arising from the status of victim of trafficking in human beings, or by the fact that it has to cooperate in the survey or in the process of criminal offense related to the traffic of human beings.
2. To obtain the authorisation of residence and work referred to in the previous section, the foreign person must demonstrate that it has given him the period of reflection and corresponding recovery, as well as who has been hired by a company legally in Andorra, with a fixed wage equal to or higher than the minimum wage in force at any time in Andorra , for the entire duration of the employment relationship.
3. Permits for residence and work for the people who has been awarded the recovery and reflection period provided for in article 115 bis are not subject to any condition of fee, or the criteria of social cohesion, nor in the rules governing the principle of priority laid down in article 40. "
Article 4. Adding a new article 58 c does the law 9/2012, May 31, to amend the law of immigration will add a new article 58 c, immediately after the article 58 ter, the law 9/2012, May 31, to amend the law on immigration, which is worded as follows: "Article 58 c. Renewal of the residence permit and work granted under article 38 c for the renewal of a residence permit and work granted under article 38 c, the foreign person that is the owner must have resided and worked in Andorra so permanent and effective. "
Article 5. Adding a new article 62 bis of the law 9/2012, May 31, to amend the law of immigration will add a new article 62 bis, immediately after the article 62, the law 9/2012, May 31, to amend the law on immigration, which is worded as follows: "Article 62 bis. Renewal of the residence permit and work provided for in article 38 c and granted for at least seven years 1. The foreign person owner, since seven years ago at least, of a residence and work permit granted under article 38 c does, and has lived and worked permanently and effectively to Andorra during the last period of the renewal of the authorization, you can request and obtain the renewal of this authorization for a period of ten years.
2. The renewal of the authorization referred to in the previous section are awarded for successive periods of ten years, and can only be denied for reasons of public order or if it confirms the interruption of residence in Andorra of the foreign person who is the owner. "
Article 6. Addiction to a new letter f) in article 115 of the law 9/2012, May 31, to amend the law of immigration will add a new letter f), immediately after the letter e), in article 115 of the law 9/2012, May 31, to amend the law on immigration, which is written as follows : "Article 115. Exceptions to the general principle of abandonment of the territory [...]
f) victims of trafficking of human beings, according to article 115 bis. "
Article 7. Adding a new article 115 bis of the law 9/2012, May 31, to amend the law of immigration will add a new article 115 bis, immediately after the article 115, the law 9/2012, May 31, to amend the law on immigration, which is worded as follows: "Article 115 bis. The period of reflection and recovery 1. When there are reasonable grounds to believe that a person, major or minor, is a victim of trafficking in human beings, it may grant a period of reflection and recovery, in accordance with the procedure envisaged by the regulations. During this period, the person concerned is authorized to reside in Andorra for a period of three months, in order to escape the influence of traffickers, to recover and decide if you want to cooperate with authorities in the investigation of crime arising from it.
2. The period of reflection and recovery referred to in the previous section can be extended once for another period of three months, in case it is needed.
3. During the period of reflection and recovery, and also during the phase of identification of the victim, the person concerned cannot be subject to any measure of administrative police of the provisions of title XII.
4. The period of reflection and recovery you can refuse or can be revoked for reasons of public order or when it becomes aware that the status of victim of trafficking in human beings has been invoked in the case of unduly. The resolution by means of which you deny or revoke the period of reflection or salvage should be motivated, and in the event that stands an appeal against the resolution denegatòria, the person concerned cannot be subject to any measure of administrative police of the provisions of the title XII until the aforementioned resolution into firm. "
Article 8. Benefits for victims of trafficking in human beings

1. Victims of trafficking of human beings to which has been given a period of reflection and recovery, to the provisions of article 115 bis of the law 9/2012, May 31, to amend the law of immigration, have the right to request and obtain the benefits established in this law. The granting of these benefits, by the Ministry responsible for Social Affairs or the Ministry responsible for education, according to the case, cannot be conditioned on the willingness of the victim to testify as part of the criminal process that continues against traffickers.
2. During the period of reflection and recovery referred to in the previous section, and for the extension of the same period, where applicable, the Ministry responsible for Social Affairs should provide assistance to the victims of trafficking of human beings and, if applicable, their children under age, in order that they can recover from a physical point of view psychological, and social. For this purpose, they can enjoy the technical support via the service of comprehensive care provided for in article 21, paragraph 1, letter j), of the law 6/2014, of 24 April, social and community health services.
3. The economic benefits from the victims of trafficking of human beings and, if applicable, their children under the age of n must be guaranteed protection by: a) the coverage of the basic needs of maintenance, personal hygiene, accommodation and clothing.
b) health coverage with the right to reimbursement of 100% of the costs arising there from, with the membership prior to the Caixa Andorrana de Seguretat Social, on the part of the Government.
c) the access to the system of aid for the study, although the announcement of the grants is closed, in the case of children in compulsory schooling age.
d) the payment of the costs of the return to the country of origin with the assistance of, or scroll to another country that requests the victim and that it provides security and support, if necessary.
The features that set the lyrics to), b) and d) above are met through the occasional financial support to meet basic needs and prevent situations of marginalization, prevent exclusion and promoting autonomy, and the occasional financial support to attend to urgent situations, basic and specific subsistence, provided for in article 28, paragraph 2, letter a) and d), the law 6/2014 , April 24, social and community health services, and to develop the article 15 and the additional provision of the regulation of the economic benefits of social and community health services, of 18 may 2016.
The features that set the letter c) above are met by the provisions of the law 9/2014, of 3 June, assistance in the study, and of the regulation of grants for the study, of the 13 of August 2014.
Article 9. Return assisted the return of the victim attended country of origin of trafficking of human beings to which it has been granted a period of reflection and recovery, or moving to another country that requests the victim and provides security and support, is awarded once this period has been exhausted, provided that the interested party requests. This return or displacement must be carried out with respect for the security and dignity of the victim, making an assessment of the risks that you may incur.
Article 10. Modification of the letter c) of paragraph 2 and paragraph 3 of article 18 of the law 6/2014, of 24 April, social and community health services modifies the letter c) of paragraph 2 and paragraph 3 of article 18 of the law 6/2014, of 24 April, social and community health services, which are written in the following way : "Article 18. Home care benefits [...]
2. The benefits of home care are specified by means of the following services: [...]
c) service of foster care. Is the social service provided by a duly accredited family, whether it be a host family or the extended family, with the aim of providing care and protection to children and adolescents who are supervised by the State, to women victims of gender violence, to people who are victims of trafficking in human beings, to the elderly or other groups that need a place of life that offer care , attention, coexistence and security.
3. The performance of the services mentioned in the previous section are concurrent and co-payment, except for the home care service for people with a severe dependence and domiciliary teleatenció service, which are guaranteed, and the foster care services for children and adolescents, and the foster care services to women victims of domestic violence and their children , and to people who are victims of trafficking of human beings and their children, who are guaranteed and free for those affected. However, the allowance for the affected persons of the last two services listed above does not exempt those responsible for the situation that motivates the provision from the obligation to meet the cost. "
Article 11. Modification of the letter g) and adding a new letter j) in section 1, and amendment of paragraph 2 of article 21 of the law 6/2014, of 24 April, social and community health services modifies the letter g) and added a new letter j), immediately after the letter i), section 1, and modifies the paragraph 2 of article 21 of the law 6/2014 , April 24, social and community health services, which are written as follows: "Article 21. Benefits of support 1. The benefits of social services and community health system support are the following: [...]
g) emergency telephone service. Is a service of permanent character that aims to inform, advise, guide and meet the demands of urgent character, especially in the case of situations of risk of mistreatment, abuse, violence or abandonment of children, of violence, of traffic of human beings, and in other social situations that also require an immediate response.
[...]

j) comprehensive services to victims of trafficking in human beings. Is the service that offers a multidisciplinary care for victims of human trafficking and, if applicable, their children under the age of, related to the protection, information, guidance, advice and recovery. This service covers functions of treatment in the social field and tracking functions in the field of legal and psychological, and includes the services and equipment necessary to ensure this attention.
2. The provision of the services set out in letters a), b), g) and j) of the above section are guaranteed and free of charge. The benefits of the service specified in the letter of) of the above section are guaranteed and co-payment, except for the information about the resources and individualized advice, which are guaranteed and free. The provision of services specified in the letter e) of the preceding paragraph is offered under the terms established by the rules of the social security system. The rest of the benefits of the services set out in the previous section are concurrent and co-payment, except the social voluntary action, which is governed by the specific regulations that are applicable. "
Article 12. Modification of section 6 of article 28 of the law 6/2014, of 24 April, social and community health services modifies paragraph 6 of article 28 of the law 6/2014, of 24 April, social and community health services, which is worded as follows: "Article 28. Occasional financial support [...]
6. Nature. The occasional financial support are concurrent. However, the following are guaranteed:-the assistance established by the letter a) of paragraph 2, if the recipients of these grants are victims of trafficking in human beings.
-The grants for the purchase of products of recoverable not support, including in the letter c) of section 2.
-The aid set out in the letter d) of paragraph 2.
[...] "
Article 13. Adding a letter e) in paragraph 6 of article 139 of the law 17/2008, of October 3, social security will add a letter e), immediately after the letter d), in paragraph 6 of article 139 of the law 17/2008, of 3 October, of the social security system, which is written as follows: "Article 139. Reimbursement of the benefits [...]
6. Also have the right to a refund of 100% of the fees of the following individuals: [...]
e) people victims of human trafficking that has been granted the period of reflection and recovery under article 115 bis of the law 9/2012, May 31, to amend the law of immigration, and, if applicable, their children under the age of, throughout the period mentioned.
[...]. "
Article 14. Adding a letter j) in article 219 of law 17/2008, of October 3, social security will add a letter j), immediately after the letter i), in article 219 of law 17/2008, of October 3, social security, which in turn was modified by law 25/2011, of 29 December, on modification of the law 17/2008 , 3 October, social security, and by law 18/2014, of 24 July, modification of the law 17/2008, of October 3, social security, and is written as follows: "Article 219. Types are special schemes are corresponding to the following people: [...]
j) people victims of trafficking of human beings. "
Article 15. Adding an article 220 bis to law 17/2008, of October 3, social security will add an article 220 bis, immediately after the article 220, the law 17/2008, of October 3, social security, which is worded as follows: Article 220 bis. Victims of trafficking in human beings 1. Are included within this special scheme for the victims of human trafficking that has been granted the period of reflection and recovery under article 115 bis of the law 9/2012, May 31, to amend the law of immigration.
2. The Government is obliged to apply for the membership of these people in the social security system in accordance with articles 25 and below.
3. The Government is obliged to communicate the beginning or the end of the situation of these people so that they are given, respectively, high or low in accordance with articles 33 and following.
4. The register must request from the date of the decision in which is given a period of reflection.
5. The low should take when it runs out the period of reflection, or at the time when it gives a resolution which cancels or revoke the grant.
6. The Government, charged to the budgets of the State, must make the payment of the totality of the contribution to the Caixa Andorrana de Seguretat Social.
7. The contribution basis corresponds to the official minimum wage monthly.
8. The obligation to pay contributions only refers to the contribution corresponding to the branch general. The contribution percentage is 10%.
9. These people have the right to enjoy the benefits of refund according to the regulated regime in accordance with articles 132 and following. "
First final provision. Program for early detection of the victims of trafficking of human beings In the period of one year from the entry into force of this law, the Ministry responsible for Social Affairs, jointly with the Ministry of interior, there has to be drawn up and approved a program of early detection of victims of trafficking in human beings.
Second final provision. Regular deployment is entrusted to the Government that in the period of one year from the entry into force of this law shall approve the regulations necessary to implement this law.
Third final provision. Qualification of certain provisions of this law Are articles 2 to 7 of this law, which modify or add new provisions in the law 9/2012, May 31, to amend the law of immigration, have the character of law. The rest of the provisions of this law shall have the character of ordinary law.
The fourth final provision. Publication of consolidated texts

It entrusts to the Government that, within a maximum period of six months from the entry into force of this law, published in the official bulletin of the Principality of Andorra on the consolidated text of the law 9/2012, May 31, to amend the law of immigration; of the law 6/2014, of 24 April, social and community health services; and the law 17/2008, of October 3, social security, which includes the changes introduced so far in these three laws.
Fifth final provision. Entry into force this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, may 25, 2017 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra