scholarly journals Human Trafficking in the Context of Global Migration: Modern Manifestation of De Facto Slavery, Servitude and Forced or Compulsory Labour

2021 ◽  
Vol 10 (2) ◽  
pp. 191-215
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Trafficking ◽  
Criminal Responsibility ◽  
Direct Consequence ◽  
Domestic Workers ◽  
Human Beings ◽  
Global Migration ◽  
Work Permit ◽  
Domestic Courts ◽  
Forced Labour ◽  
Diplomatic Immunity

Abstract In recent years there has been a significant increase in trafficking in human beings as a global phenomenon. COVID-19 pandemic created conditions that increased the number of persons who were vulnerable to human trafficking and disrupted current and planned anti-trafficking initiatives. Human trafficking treats human beings as commodities to be bought and sold and put to forced labour often for lower or no payment. This constitutes a modern form of de facto slavery, servitude and forced or compulsory labour. This article provides an overview of international law on human trafficking and considers response to human trafficking in Africa. It further considers whether diplomats can be held accountable for exploitation of migrant domestic workers in receiving States. It further examines whether diplomatic immunity can be used as a bar to the exercise of jurisdiction by domestic courts and tribunals of a state which hosts the diplomat (the ‘receiving state’) in cases of employment of a trafficked person by a former or serving diplomat. It ends by considering whether trafficked persons should be held to bear individual criminal responsibility for crimes they have committed (or were compelled to commit) in the course, or as a direct consequence, of having been trafficked. Such crimes may include unlawful entry into, presence or residence in another country of transit or destination, working without a work permit, sex work, and use of false identity/false passport.

scholarly journals Structural Violence and Human Trafficking: Migrant Domestic Workers in Lebanon

1970 ◽  
pp. 55-62
Author(s):  
Kathleen Hamill
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Structural Violence ◽  
Domestic Workers ◽  
Primary Objective ◽  
Human Beings ◽  
Key Factors ◽  
Arab Region ◽  
Labor Exploitation ◽  
Migrant Domestic Workers

Human trafficking and its link to migrant domestic labor in the Arab region is acomplex, sensitive, and challenging issue. It raises numerous questions and demands further exploration. Under international law human trafficking consists of the recruitment, transfer, or receipt of human beings by coercive or deceptive means for purposes of exploitation. This legal definition is relevant to migrant domestic workers, and the present analysis seeks to address human trafficking for labor exploitation in particular. The primary objective is to identify and analyze the key factors that make migrant domestic workers vulnerable to human trafficking within the specific context of Lebanon. These key factors include the sponsorship system, the recruitment process, and the lack of labor protection and legal redress; each one will be addressed in turn.In the process, the present analysis will also highlight structural violence that subjects migrant women to systemic oppression and increases their vulnerability to human trafficking.

Trafficking in Human Beings for Forced Labour. Contemporary Trends and Threats

2020 ◽  
Vol 12 (1) ◽  
pp. 267-279
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Employee Rights ◽  
Human Beings ◽  
Law Enforcement Agencies ◽  
Legal Situation ◽  
Penal Codes ◽  
Forced Labour ◽  
Drugs And Crime ◽  
Employment Rights

The article is devoted to the issue of human trafficking in legal and criminological terms, with particular emphasis on the exploitation of victims of the crime for work or forced services. The author introduces the essence of forced labour by reaching for many of its legal definitions contained in legal acts in the rank of conventions, as well as ordinary laws. At the same time, it highlights the factors that characterize the type of work indicated and allow to distinguish it from other types of violations, including violation of employee rights. The phenomenon of human trafficking is shown through the prism of its current evaluation tendencies, both globally and regionally (European, and especially EU). To this end, the author presents statistical data collected in recent years by, inter alia, the United Nations Office on Drugs and Crime, the International Labour Organization, the International Organization for Migration and the European Commission. She emphasizes, however, that the actual scale of the aforementioned crime remains unknown. A significant part of the discussion focuses on the issue of human trafficking in modern Poland, showing the scale of the dealings in question, diagnosed in recent years by law enforcement agencies. A lot of attention is also paid to the spectrum of crime threats on the Polish labour market from the perspective of foreigners. Thus, with particular care, she considers the problem of violating the employment rights of Ukrainian citizens as the largest group of foreigners illegally employed in Poland. She also shows the legal situation in this area of the citizens of Belarus, Moldova, India and Russia. She discusses this issue in the context of activities of the National Labour Inspectorate included in the audit report for 2017. The author further scientific interest includes the issue of criminalization of human trafficking in selected countries around the world. In this respect, it refers primarily to legal regulations contained in the Latvian, Hungarian, Swiss, Finnish, Ukrainian and Liechtenstein penal codes. The author’s ambition was to present the indicated issues in a concise manner, while also taking into account its most important aspects.

Odpowiedzialność karna za zawieranie fałszywych małżeństw w kontekście handlu ludźmi (wniosek ECPRD nr 4693)

2021 ◽  
Vol 2 (70) ◽  
pp. 246-250
Author(s):  
Angelina Tazuszel
Keyword(s):  
Human Trafficking ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Human Beings ◽  
National Legislation ◽  
Trafficking In Human Beings ◽  
International Conventions

The author presents national legislation concerning criminal responsibility for fake marriages within the framework of human trafficking, including selected provisions on marriages that are in force in Poland and legislation on human trafficking (including international conventions on counteracting human trafficking to which Poland is a party). As the Author emphasizes, perpetrators of trafficking in human beings are punished in Poland on the basis of the Criminal Code.

scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.

Practitioner's Insights – The Importance of Strategic Litigation to Fight Human Trafficking and (Labour) Exploitation

2021 ◽  
Vol 2 (2) ◽  
pp. 111-120
Author(s):  
Suzanne Hoff
Keyword(s):  
Human Trafficking ◽  
Public Awareness ◽  
Systemic Change ◽  
Legal Action ◽  
Policy Practice ◽  
Labour Exploitation ◽  
Forced Labour ◽  
High Level ◽  
Strategic Litigation

This article calls for an increased use of strategic litigation in the anti-trafficking field to ensure long-lasting systemic reforms. While generally, the prosecution of human trafficking or related severe forms of labour exploitation, like forced labour, is quite challenging and prosecutions and convictions lag seriously behind, it is argued that strategic litigation, meaning continuing legal action, aimed at achieving rights-related changes in law, policy, practice, and/or public awareness, can help to ensure that justice is delivered to victims, as several landmark cases also show. Efforts to counter human trafficking through strategic litigation by NGOs remain in their infancy, among others as they are resource-intensive and require access to experienced lawyers in high level courts. The author discusses some examples and dilemmas and identifies needs for NGOs to use strategic litigation more often as an effective tool to effectuate systemic change.

Introduction: Criminal Law

1998 ◽  
Vol 11 (1) ◽  
pp. 3-5
Keyword(s):  
Criminal Law ◽  
Common Good ◽  
Criminal Responsibility ◽  
Human Beings ◽  
Public Response ◽  
The Public ◽  
Moral Basis ◽  
Fertile Ground ◽  
Justification Of Punishment ◽  
Criminal Conduct

It is hardly surprising that philosophers have long regarded the criminal law as fertile ground. As the most visible application of state power, the criminal law raises issues of the first importance to political philosophy: issues of liberty, justice, and the common good. In announcing and enforcing rules of behaviour the criminal law connects with the concerns of moral philosophers, who have paid particular attention to the justification of punishment and the moral basis of criminal responsibility. Lastly, since the criminal law is typically concerned with the actions of human beings, it raises issues in the philosophy of action. Philosophers have devoted much attention to such central criminal law concepts as voluntariness, intention, and causation.The essays collected here explore topics which fall into three broad groups: the interests protected by the criminal law, the relation of agents to outcomes, and defenses to otherwise criminal conduct. Criminal law protects certain types of interests against certain kinds of invasions. Not everything that sets back a person’s interests is subject to legal sanction. Among those interests that the law deems worthy of protection, only certain kinds of invasions merit criminalization. The papers by Marshall and Duff, Hampton, Lacey, and Brett all touch on issues of the moral basis of criminalization. Marshall and Duff focus on the general issue of criminalization, arguing that crimes merit a certain kind of public response because they are attacks on the public. Drawing out the implications of the familiar fact that the state is a party to a criminal proceeding, they argue that the criminal law appropriately addresses wrongs that are shared by the wider community. For Marshall and Duff, criminalization is about deciding that a wrong against one person is serious in a way that makes it a wrong against everyone in the community, and demands a collective response.

scholarly journals Routes of human trafficking in Europe and the position of Serbia on them

Temida ◽  
2008 ◽  
Vol 11 (4) ◽  
pp. 49-68 ◽  
Author(s):  
Sanja Copic
Keyword(s):  
Human Trafficking ◽  
Relevant Literature ◽  
Control Policy ◽  
Point Of View ◽  
Global Perspective ◽  
Human Beings ◽  
Male Victims ◽  
Illegal Migration ◽  
Global Trends ◽  
And Migration

Human trafficking as a form of organized crime is showing its increase today, changing at the same time its structure and characteristics. Some factors that contribute to such a situation are global trends that result in huge social and economic inequalities in the world, but also turbulences and problems that are affecting certain regions (wars, political instability, ethnic conflicts, militarization etc.). Human trafficking, as a complex social phenomenon that encompasses different forms of acting, subjects and aims, can be analyzed within different concepts. One of them refers to the issue of broader migration flows and migration control policy. Namely, from the global perspective, trafficking in human beings can be mostly considered as a form of 'organized illegal migration'. Due to that, it seems important to consider the issue of routes through which this form of migration is realized today. Discovering human trafficking routes, as well as other forms of illegal movement of people and illegal forms of trade are very important from the point of view of implementing adequate measures and relocation of resources in order to suppress these forms of socially unacceptable phenomena. Creating adequate anti-trafficking activities is important on national, regional and international levels. Keeping that in mind, the aim of this paper is to look into the contemporary routes of human trafficking within Europe and find out what is the position of Serbia on these routes, as well to examine possible changes that happened in this field during past several years. This will be done on the basis of the analysis of relevant literature, as well as on some preliminary findings of the survey on male victims of human trafficking in Serbia, which is currently conducted by the Victimology Society of Serbia.

scholarly journals Urgensi Ratifikasi Konvensi Pekerjaan yang Layak bagi Pekerja Rumah Tangga oleh Pemerintah Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 109-133
Author(s):  
Kartika Dewi Mulyanto
Keyword(s):  
Human Rights ◽  
Social Status ◽  
Domestic Workers ◽  
International Labour Organization ◽  
International Labor Organization ◽  
Human Beings ◽  
Decent Work ◽  
Domestic Worker ◽  
International Labor ◽  
The Social

The existence of domestic workers or better known as domestic workers is no stranger to the life of Indonesian society. Domestic worker is a job that provides services to a family to do homework such as cooking, cleaning house, washing clothes and others. However, because there is no regulation that regulates domestic workers maximally, and there are often different degrees between employers and workers, there is a lot of violence against domestic workers. In 2011, the International Labor Organization issued an ILO Convention No. 189 on Decent Work for Domestic Workers. This Convention as evidence that domestic workers need to be legally protected as human beings with human rights. Based on the result of the research, it can be concluded that the act of ratification of ILO Convention No. 189 of 2011 on Decent Work for Domestic Workers needs to be done, in an effort to increase the protection of domestic workers' rights law, to increase the economy of domestic workers, and to raise the social status of domestic workers Indonesia. Abstrak Keberadaan pekerja rumah tangga atau yang lebih dikenal sebagai pembantu rumah tangga sudah tidak asing lagi dalam kehidupan masyarakat Indonesia. Pekerja rumah tangga merupakan suatu pekerjaan yang memberikan jasa kepada suatu keluarga untuk mengerjakan pekerjaan rumah seperti memasak, membersihakan rumah, mencuci baju dan yang lainnya. Namun karena belum ada regulasi yang mengatur pekerja rumah tangga secara maksimal, dan sering terjadi perbedaan derajat antara majikan dan pekerja, maka banyak terjadi kekerasan terhadap pekerja rumah tangga. Pada tahun 2011, International Labour Organization mengeluarkan suatu Konvensi ILO Nomor 189 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga. Konvensi ini sebagai bukti bahwa pekerja rumah tangga perlu mendapat perlindungan secara hukum sebagai manusia yang memiliki hak asasi manusia. Berdasarkan hasil penelitian dapat disimpulkan bahwa tindakan ratifikasi Konvensi ILO Nomor 189 tahun 2011 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga perlu dilakukan, sebagai upaya peningkatan perlindungan hukum hak-hak pekerja rumah tangga, peningkatkan ekonomi pekerja rumah tangga, serta menaikkan status sosial pekerja rumah tangga Indonesia.

scholarly journals Odpowiedzialność osób zarządzających w transnarodowych korporacjach w prawie karnym – aspekty międzynarodowe i transnarodowe

2020 ◽  
Vol 30 (4) ◽  
pp. 75-96
Author(s):  
Kamil Boczek
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Transnational Corporations ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Corporate Managers ◽  
Business Opportunity ◽  
The World ◽  
International Laws ◽  
Forced Labour

Owing to increasing globalisation, transnational corporations play an important role in international trade. Those wealthy and very complex entities have a major impact on reality and often engage in activities which involve illegal practices such as the environmental pollution, forced labour and other serious infringement of employees’ right or even crimes against humanity. Carrying on business which is primarily profit-oriented may result in violations of fundamental human rights, if this is required for a corporation to financially exploit a business opportunity. It is difficult in practice to hold these entities and their corporate directors to account. Regulations regarding criminal responsibility of managers of transnational corporations can be found in national and international laws. However, criminal proceedings do not give satisfactory results. The main problem lies in powers, flexibility and close links of those corporations with local authorities. The paper points to different solutions applied throughout the world, and describes the best-known criminal proceedings against corporate managers.

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