Orphanage Trafficking in International Law

2021 ◽  
Author(s):  
Kathryn E. van Doore
Keyword(s):  
International Law ◽  
Holistic Approach ◽  
Child Trafficking

Orphanage Trafficking in International Law explores the process of orphanage trafficking as a form of child trafficking in international law, examining the contexts in which it occurs and providing a comprehensive, holistic approach to addressing the issue as a form of trafficking. In doing so, this book establishes the method and process of orphanage trafficking as an issue of international concern. It reconceptualises the activity of orphanage tourism as a demand driver for child trafficking and a form of exploitation, and makes recommendations for how countries where orphanage trafficking occurs, as well as countries that contribute to orphanage trafficking via funding and volunteers, should tackle the issue.

Regolazione internazionale e responsabilitŕ globale delle imprese transnazionali

2009 ◽  
pp. 229-258
Author(s):  
Fabrizio Marrella
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Financial Crisis ◽  
Holistic Approach ◽  
Transnational Corporations ◽  
Legal Framework ◽  
Global Scale ◽  
State Control ◽  
Business And Human Rights ◽  
The Global Financial Crisis

- In recent years and before the global financial crisis, international law has struggled to regulate the activity of transnational corporations since the latter have greatly expanded their capacity for action on a global scale. Despite numerous efforts by the International Community to agree on a hard law international legal framework, the soft law process has been the primary arena for the regulation of transnational corporations and human rights. In addition, host state control, home state control and international responsibility of directors and companies itself have so far remained the fundamental avenues through which issues of global corporate responsibility have been assessed. ‘Contractualisation' of human rights has also been viewed as a further avenue to control the human rights impact of corporate activity. The UN Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises has generated an impressive stock of report capitalizing on issues well known in specialised international economic law literature. He is raising global awareness and institutionalizing new paradigms of understanding the complex relationship between business and human rights: a matter of vital importance for this century. The work of the UN Special Representative constitutes therefore a step forward towards an holistic approach of contemporary international law.

Counterterrorism and International Law

2019 ◽  
pp. 658-676
Author(s):  
Andrea Bianchi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Paradigm Shift ◽  
Holistic Approach ◽  
International Community ◽  
The Other ◽  
International Terrorism ◽  
Institutional Policies ◽  
The Rule Of Law

This chapter is an attempt at assessing the overall response provided by the international community, and the main normative strategies pursued by international law in countering international terrorism. To find concrete ways in which the coordination of norms and institutional policies can lead to the implementation of an effective holistic approach to fighting terrorism is the challenge lying ahead for the international community. The chapter argues that respect for human rights and the rule of law may play a central role in this process, by contributing to its legitimacy and increasing its chances of efficacy and stability in the long term. The other new challenge and the real paradigm shift, particularly at times of increasing terrorist violence, lies in thinking of counterterrorism as a precondition for economic growth and sustainable development.

The Right to Political Participation of Indigenous Peoples: A Holistic Approach

2017 ◽  
Vol 24 (4) ◽  
pp. 390-427 ◽  
Author(s):  
Alexandra Tomaselli
Keyword(s):  
Political Participation ◽  
International Law ◽  
Indigenous Peoples ◽  
Holistic Approach ◽  
International Human Rights Law ◽  
Land Grabbing ◽  
Human Rights Law ◽  
Indigenous Law ◽  
Indigenous Participation ◽  
The Right

In the current era of land grabbing and extractivism, political participation of indigenous peoples in their national and local affairs appears to be the crucial right to guarantee the exercise of their other rights. In the last decades, un bodies have increasingly stressed the need to improve indigenous participation in their domestic political arenas. How indigenous political participation may be recognised, operationalised, and exercised as a right, and be effective, however, remains to be discussed. Against this background, this article elaborates a proposal for a holistic approach to the right to political participation of indigenous peoples and demonstrates how it is rooted in international law, international human rights law, and international indigenous law.

scholarly journals Commercial Gestational Surrogacy: Unravelling the threads between reproductive tourism and child trafficking

2021 ◽  
pp. 123-143
Author(s):  
Nishat Hyder-Rahman
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Child Trafficking ◽  
Cross Border ◽  
Reproductive Tourism ◽  
Gestational Surrogacy

Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross-border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.

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.

scholarly journals Child Trafficking; A Socio-Legal Perspective

2015 ◽  
Vol 1 (01) ◽  
Author(s):  
Avinash Singh
Keyword(s):  
Human Rights ◽  
Child Abuse ◽  
International Law ◽  
Legal Protection ◽  
Sociological Study ◽  
Child Trafficking ◽  
Legal Perspective ◽  
International Laws ◽  
Women Trafficking ◽  
Human Rights Violation

Women trafficking and human rights violations relate to the arena of continuous research that has created concerns for the issues incidental to the said problem. One among the said incidental issues that attracts the significant fraction of concern recount as the problem of child trafficking over which a brief overlook will be drawn by the present paper. Domestic and international laws are acting to protect the human rights violation through route of child trafficking for various purposes. Current paper will emphasize over the child trafficking leading to sexual abuse of children. One the paper clears the legal protection being delegates by the home machinery for prevention of child abuse and trafficking, the next step will be to focus upon those societal scenarios that lead to this menace of trafficking. Formerly going in realm of sociological study and solution of child trafficking, a shift will be stressed upon the legal requisite that is needed in the system to filter the cause and operation of child trafficking network in India. Child trafficking is segregated in an assortment of types depending upon their territorial operation hence generates a transnational apprehension to tackle the issue. International law and its implementation are two major areas that need to be revisited wherein the paper concludes that even in the presence of sufficient laws with few awaited, the quandary of its implementation makes these laws lunatic of which the ultimate sufferers are the children.

Introduction to the Question of Palestinian Refugees and the Second Edition

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
Holistic Approach ◽  
Palestinian Refugees ◽  
Durable Solutions ◽  
Palestinian Refugee ◽  
Palestinian Question

This chapter introduces the readers to both rationale and content of the new expanded edition of Palestine Refugees in International Law. It underscores the legal and factual developments that motivated the authors to write what is in essence a new book on the foundations of the first edition. It provides an overview of its structure and key messages, the methodology and some of the key terminology used in the book (e.g. ‘Palestine refugee’ vs ‘Palestinian refugee’). It explains how international law is used throughout the book and why a holistic approach to the Palestinian question is necessary not only to effectively grant them the protection they are entitled to under international law but also to advance toward just a durable solutions to their plight.

scholarly journals Paper Orphans: Exploring Child Trafficking for the Purpose of Orphanages

2016 ◽  
Vol 24 (2) ◽  
pp. 378-407 ◽  
Author(s):  
Kathryn E. van Doore
Keyword(s):  
International Law ◽  
Residential Care ◽  
Academic Research ◽  
Trafficking In Persons ◽  
Child Trafficking ◽  
Residential Care Facilities ◽  
The Family ◽  
Care Facilities ◽  
Women And Children ◽  
Definition Of

There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as “paper orphans”. There is no formal legal academic research available on how international law regards the displacement from family and subsequent construction as an orphan. This article provides a legal account of the movement of the child from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.

scholarly journals Between Theory and Reality: The challenge of distinguishing between trafficked children and independent child migrants

2021 ◽  
pp. 11-27
Author(s):  
Mike Dottridge
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Clear Definition ◽  
Child Trafficking ◽  
International Understanding ◽  
The United Kingdom ◽  
Victims Of Crime ◽  
Laws And Policies

The offence of child trafficking appears to have a clear definition in the UN Trafficking Protocol and in laws based on it. In practice, this is an illusion. This article reviews the experiences of three countries (Benin, the United Kingdom, and Vietnam), in two of which anti-trafficking laws and policies regard a broad swath of children who migrate to earn a living, without being subjected to coercion, as victims of trafficking. It questions whether the definitions in international law and in the laws of many countries of what constitutes the crime of trafficking committed against a child are appropriate to distinguish between adolescent migrants in general and those who are victims of crime (at the hands of a trafficker) in particular. It suggests that this is in part because there is no international understanding about the ages at which children habitually leave home to find work and what should be done to protect them when they do. It concludes that a possible result of considering a very broad range of children to be ‘trafficked’ is that measures to protect and assist those who suffer acute harm are inadequate.

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