The EU’s Policy Towards Combatting Trafficking in Human Beings in Its Relations with the Eastern Neighbourhood: A Human Rights-Based Approach?

2021 ◽  
pp. 333-356
Author(s):  
N. Ghazaryan
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Trafficking In Human Beings ◽  
Human Rights Based Approach

scholarly journals Human Trafficking – Between Punishable Human Rights Violations and Decriminalization

2020 ◽  
Vol 10 (3) ◽  
pp. 272-292
Author(s):  
Anja Schmidt
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Organized Crime ◽  
Empirical Data ◽  
Human Beings ◽  
Illegal Migration ◽  
Trafficking In Human Beings ◽  
Definition Of ◽  
Human Rights Based Approach ◽  
Opposite Tendency

The necessity of combating human trafficking is often justified by the violation of human rights of the victims of human trafficking. Criticism has, however, repeatedly been voiced that the victim-centred, human rights-based approach has not been consistently applied - because, in reality, state interests in effectively combating (organized) crime and securing borders against illegal migration take precedence. An opposite tendency criticizes the criminalization of human traffic on the grounds that human rights are not violated in every case within the definition of human trafficking, and criminalization is inappropriate in such cases. Furthermore, various parties point out that there is little empirical data on trafficking in human beings, and the available data is unreliable. This contribution aims to provide an overview of these issues and argue in favour of a nuanced examination of phenomena covered by the legal definition of human trafficking.

scholarly journals PROTECTION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN INTERNATIONAL LAW AND FOREIGN STATES

2016 ◽  
pp. 0-0
Author(s):  
Олеся Сакаева ◽  
Olesya Sakaeva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Holistic Approach ◽  
Human Beings ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Gender Specific

The article deals with the tendency of establishment of human-rights-based gender-specific and child-centred approach to the preventing and combating trafficking in human beings. Comparative analysis of the norms of universal and regional international acts in the field of the combating trafficking in human beings shows that norms on the victims’ protection are primarily dispositive and the features of their implementation are left to national legislators. The role of the national referral mechanisms is emphasized because these mechanisms help to prevent illegal immigrants from posing as trafficking victims. The author hopes that humanizing tendency of contemporary international law on the whole and human-rights-based approach to the combating trafficking in human beings as its part will be growing; and holistic approach will be implemented by all countries in order to make the fight against human trafficking effective.

A human rights based approach to trafficking in human beings

2009 ◽  
Vol 20 (3) ◽  
pp. 212-222 ◽  
Author(s):  
Conny Rijken
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal Framework ◽  
Supply Side ◽  
Demand Side ◽  
Human Beings ◽  
Victim Assistance ◽  
State Obligations ◽  
Trafficking In Human Beings ◽  
Human Rights Based Approach

AbstractA human rights based approach to trafficking in human beings (THB) is often fostered but not applied in practice. Based on the human rights legal framework the state obligations are identified. These obligations, to criminalize THB, to prosecute THB, to protect and assist victims and to address the root causes, are not addressed in an equal way since the main focus of counter trafficking measures focus on the criminalisation and the prosecution. To also address the assistance and protection of victims and the root causes of THB additional measures are required. It is proposed to make the needs of THB-victims leading instead of criminal law interests, and to develop a Victim Assistance and Protection Package (VAPP). The root causes of THB emerge both on the supply side and the demand side. Suggestions are made to improve the situation on both sides with the ultimate aim to prevent THB.

Human Trafficking, Human Rights and Women, Peace and Security: The Sound of Silence

2020 ◽  
pp. 189-206
Author(s):  
Gema Fernández Rodríguez de Liévana ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Beings ◽  
Gender Based Violence ◽  
Post Conflict ◽  
Human Rights Regime ◽  
Peace And Security ◽  
Women And Children ◽  
Gender Based ◽  
Human Rights Based Approach

The chapter discusses the tension that exists between three separate UN agendas, those relating to CEDAW and WPS; the fight against trafficking in human beings; and the Security Council’s broader agenda for the maintenance of international peace and security. It considers in particular how the securitisation of WPS and human trafficking by the Security Council has diluted and fragmented the discourse of women’s human rights. It argues that as a form of gender-based violence, human trafficking is subject to the human rights regime that has evolved to combat such violence and that human rights mechanisms should be engaged to hold States responsible for their failure to exercise due diligence to prevent, protect against and prosecute those responsible – in the widest sense – for human trafficking. The incidence of human trafficking (as a form of gender-based violence) in armed conflict means that it comes naturally under the auspices of the WPS agenda. The Security Council’s silence in this regard constitutes of itself a form of violence that weakens the potential of the WPS agenda to bring structural transformation in post-conflict contexts. In agreement with the Special Rapporteur on trafficking in persons, especially women and children and cognisant of some of the downsides, we argue that ‘in order to ensure more efficient anti-trafficking responses, a human rights-based approach … should be mainstreamed into all pillars of the women and peace and security agenda’. In turn this would provide a new direction for the WPS agenda.

scholarly journals A Human Rights Approach to Localising The MDGs Through Gender-Equitable Local Development

1970 ◽  
pp. 77-100 ◽  
Author(s):  
Ron McGill
Keyword(s):  
Human Rights ◽  
Gender Equity ◽  
Local Development ◽  
Equal Access ◽  
Human Beings ◽  
Central Focus ◽  
The Poor ◽  
Full Development ◽  
Capital Development ◽  
Human Rights Based Approach

Until now, the United Nations Capital Development Fund’s (UNCDF) Gender Equitable Local Development (GELD) programme has not been presented within an explicit human rights framework. This is strange given that the human rights based approach to development (HRBAD) aims to ensure that all human beings can live their lives fully and with dignity. HRBAD is fundamentally about the healthy and full development of individuals and communities. In addition, one of human rights’ central concerns is that people have equal access to the benefits of society. Initiatives to realize human rights therefore give priority to the most marginalized - the poorest - in a society. It is those individuals who have most difficulty in securing the basics that are essential to living their lives with dignity. Women in all communities are disproportionately represented among the poor. Thus, human rights have gender equity as a central focus. Put another way, we are dealing with the feminization of poverty. We are dealing with the concept of equal access (to development). In short, we are dealing with those who need (and deserve) greater priority in access to infrastructure and supporting services in order to reach a point of equality.

Trafficking and Slavery

2015 ◽  
Vol 4 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Tenia Kyriazi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Regulatory Framework ◽  
Human Beings ◽  
European Court ◽  
Relevant Case ◽  
Trafficking In Human Beings

Although the legal notion of slavery has been defined in article 1 of the 1926 Slavery Convention, it is currently being widely used to encompass various practices of abuse, oppression and exploitation. Trafficking in human beings is one such practice, extensively being referred to as a contemporary form of slavery. This article attempts to establish the legal criteria on the basis of which trafficking in human beings can constitute slavery and to define states’ obligations deriving from it, in the light of the recent relevant case-law of the European Court of Human Rights, and to highlight its impact to the current European anti-trafficking regulatory framework.

scholarly journals Human Trafficking in Thailand in Perspective of Human Rights Law

2021 ◽  
Vol 2 (4) ◽  
pp. 505-514
Author(s):  
Natalia Sihotang ◽  
Channarong Wiriya
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Country Of Origin ◽  
Transnational Crime ◽  
Human Beings ◽  
Human Rights Law ◽  
Transit Country ◽  
Trafficking In Human Beings ◽  
International Human ◽  
The Government

Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.

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