Between Criminalization and Protection

2019 ◽  
Vol 2 (1-2) ◽  
pp. 1-82
Author(s):  
Vincenzo Militello ◽  
Alessandro Spena
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Case Studies ◽  
Legal Systems ◽  
Criminal Organizations ◽  
Legal Perspective ◽  
Migrant Smuggling ◽  
Media Reports ◽  
Oriented Approach

AbstractThis double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.

What’s in a Name?

2015 ◽  
Vol 4 (1) ◽  
pp. 1-32
Author(s):  
Marika McAdam
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Migrant Smuggling

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.

scholarly journals ENFORCING JURISDICTION AGAINST VESSELS SUSPECTED OF MIGRANT SMUGGLING AND HUMAN TRAFFICKING

2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez
Keyword(s):  
Human Rights ◽  
South America ◽  
Human Trafficking ◽  
Humanitarian Crisis ◽  
Military Operation ◽  
Migrant Smuggling ◽  
The Future ◽  
The Eu

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.

The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea

2017 ◽  
Vol 1 (4) ◽  
pp. 1-118
Author(s):  
Laura Salvadego
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Control Policy ◽  
Central Mediterranean ◽  
Applicable Law ◽  
Migrant Smuggling ◽  
Migration Control ◽  
Central Mediterranean Sea ◽  
International Responsibility ◽  
The Eu

AbstractThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.

scholarly journals Human Trafficking: A Human Rights Oriented Approach

2017 ◽  
Vol 6 (1) ◽  
pp. 132
Author(s):  
Ardeshir Farrokhzad
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Fundamental Principle ◽  
Physical Pain ◽  
Huge Amount ◽  
Contemporary World ◽  
Obvious Reason ◽  
Forced Prostitution ◽  
The Universe ◽  
Oriented Approach

Men’s struggle for survival has never been so intense, and they have been able to save themselves from the physical pain inflicted by fatal war weapons. However, the invasion on men’s dignity in different forms including organ smuggling, experimental dummy, slavery, forced prostitution, etc. has followed an unprecedented rate in terms of inflicting misery and suffering millions of lives across the universe in the contemporary world. Most probably, “Right to Dignified Life” could be considered the most salient objective of Human Rights Principle. It is also a justified fact that the tragic misery of contemporary man has to do with obliteration of the same fundamental principle underpinning Human Rights. More importantly, it is not merely sufficient for a man to survive. Man requires self-dignity, voice and remedies for achieving happiness and welfare, otherwise he/she is nothing but a mere physical existence. The contemporary man that has undergone such huge amount of human tragedies and sufferings increasingly loses its control over its own body, work and movement, and many accede to the fact that the most obvious reason is human trafficking.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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