Regressing from the Gold Standard: The UK’s Slavery and Human Trafficking Regulations and the Narrowing of Victim Protection

Abstract The UK’s 2022 Slavery and Human Trafficking (Definition of Victim) Regulations represent a significant departure from established international standards in human trafficking victim protection. This article critically examines how the Regulations’ definitional framework creates three fundamental concerns that risk excluding legitimate victims from protection. First, while Clause 3(5)(a) aligns with international law’s ‘means’ elements, Clause 3(6)(d) problematically narrows this list for those required to provide services or benefits, potentially excluding victims who face exploitation through means other than force, threats, or deception. Second, the Regulations create unnecessary ambiguity around child trafficking through Clause 3(5)(b)’s unclear phrasing ‘any method’, potentially requiring evidence of the ‘means’ element contrary to international law which recognizes children’s inherent vulnerability. Third, the Regulations fail to explicitly include certain forms of exploitation, such as ‘practices similar to slavery’ in Clause 3(6)’s characterization of exploitation, departing from both the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) and the Palermo Protocol’s established frameworks. Drawing on recent European Court of Human Rights jurisprudence, particularly V.C.L and A.N v United Kingdom, this article demonstrates how the Regulations’ restrictive approach conflicts with the UK’s international obligations and risks excluding vulnerable groups from protection, including migrant workers, child victims, and those subjected to debt bondage or forced marriage. The analysis reveals how these limitations, coupled with the broader ‘hostile environment’ policy context, create significant barriers to victim identification and support. This article argues for urgent amendment of the Regulations to align with the Palermo Protocol’s comprehensive definition of trafficking victims, ensuring adequate protection for all forms of exploitation and maintaining the UK’s commitment to international protection standards.