The Obligations of Prevention, Protection and Assistance to Victims of Trafficking

2021 ◽  
Vol 3 (4) ◽  
pp. 87-97
Author(s):  
Ruth Shrimpling ◽  
Annelies Blondé
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Future Action ◽  
Victims Of Crime ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Practical Implications

Abstract The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.

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 PEMULIHAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN PENDEKATAN HUKUM PROGRESIF DAN HAK ASASI MANUSIA

2019 ◽  
Vol 12 (1) ◽  
pp. 81
Author(s):  
Muhammad Reza Winata ◽  
Tri Pujiati
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
The State ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Remedies ◽  
Data Collecting ◽  
The Law ◽  
Trafficking Victims ◽  
Human Rights Based Approach

ABSTRAKTindak pidana perdagangan orang merupakan kejahatan yang melanggar hak asasi manusia. Dalam praktik, masih terdapat kendala untuk memulihkan hak asasi manusia korban tindak pidana perdagangan orang, sehingga diperlukan pendekatan berdasarkan hukum progresif dan hak asasi manusia (human rights based approach). Artikel ini menjawab rumusan masalah yaitu pemulihan korban tindak pidana perdagangan orang berdasarkan pendekatan hukum progresif dan hak asasi manusia dalam Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST. Metode penelitian menggunakan penelitian hukum kualitatif melalui pendekatan putusan, regulasi, dan doktrinal, serta pengumpulan data dengan studi kepustakaan terhadap bahan hukum primer dan sekunder, serta wawancara narasumber.  Hasil kajian menunjukkan Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST menerapkan hukum progresif melalui sita restitusi yang sesungguhnya belum diatur secara normatif dalam Undang-Undang Pemberantasan Tindak Pidana Perdagangan Orang. Terobosan hukum ini dilakukan dengan menyita kekayaan terdakwa pada tingkat penyidikan atau penuntutan untuk kepentingan ganti kerugian terhadap korban. Selain itu, kajian terhadap putusan menunjukkan putusan ini sebenarnya telah memiliki dimensi berdasarkan pendekatan hak asasi manusia. Namun, terobosan hukum pada putusan masih belum sepenuhnya menjamin pemulihan hak asasi manusia karena terdapat kemungkinan terdakwa tidak mampu membayar atau tidak memiliki kekayaan untuk disita, maka negara berkewajiban hadir untuk memulihkan hak korban tindak pidana perdagangan orang melalui pemberian kompensasi.Kata kunci: tindak pidana perdagangan orang, hukum progresif, hak asasi manusia. ABSTRACT Human trafficking is a crime that violates human rights. In practice, there are still some obstacles in legal remedies of human rights of the victims of human trafficking that an approach based on progressive law and human rights is needed. This analysis elaborates the formulation of the problem in Decision Number 978/Pid.Sus/2016/PN.JKT.PST concerning legal remedies of the human trafficking victims based on progressive legal and human rights approach. The method applied is qualitative legal research through decisions, regulations, and doctrinal procedures, as well as library data collecting on primary and secondary legal materials, along with interviews. The results of the study show that the Decision Number 978/Pid.Sus/2016/PN.JKT.PST applies progressive law through the confiscation of restitution which is not yet normatively regulated in the Law on Eradication of Human Trafficking Crimes. Legal breakthrough is made by confiscating the assets of the defendant in the investigation or prosecution level for the victims' compensation. Further, the analysis result of court decisions shows that the decision has already had dimensions based on the human rights approach. But, the legal breakthrough in the declaration still cannot fully guarantee the legal remedies of human rights of the victims if the defendant cannot be able to pay or have no properties to confiscate. In this case, the state is obliged to give back the rights of the victims of human trafficking through compensation. Keywords: human trafficking, progressive law, human rights.

scholarly journals "You Are Never Truly Free" Social Stigma in India and its Impact Upon Rehabilitation, Reintegration and Advocacy for Survivors of Sex Trafficking

2021 ◽  
Author(s):  
◽  
Sumu Diya Mukesh
Keyword(s):  
Human Rights ◽  
Lived Experience ◽  
Human Trafficking ◽  
Gender Discrimination ◽  
Sex Trafficking ◽  
Social Stigma ◽  
Vulnerable Groups ◽  
Structured Interviews ◽  
Cultural Rights ◽  
Trafficking Victims

<p>This research examines how social stigmas related to sex work and sexual activity in India contribute to the creation of environments conducive to gender discrimination and the erosion of female rights. It seeks to understand, through the work of anti-trafficking staff and the lived experience of sex trafficking survivors in Kolkata, how this subsequently impacts survivors' ability to be successfully rehabilitated and reintegrated into their communities. Human trafficking directly limits the human rights and freedoms which development aims to facilitate and realise; it is fundamentally a development concern. Violations of human rights are a cause and a consequence of trafficking in persons, making their universal promotion and protection relevant to anti-trafficking. Females constitute 80 per cent of all sex trafficking victims, demonstrating that it is a significantly gendered crime. India is home to 40 per cent of the estimated global slave population, and operates as a destination, transit and origin country for all forms of human trafficking.   This research involved semi-structured interviews focused on experiences and understandings of social stigma with eight staff of the anti-trafficking NGO Sanlaap, one staff member of a partnering Government-run shelter home, and one focus group with eight sex trafficking survivors. Data were analysed thematically through concepts of human rights, social stigma, gender discrimination and vulnerability.  The results indicated that prioritising the protection and promotion of their human rights was integral to Sanlaap's success in rehabilitating and reintegrating survivors. This research, therefore, reinforces conceptual links between human rights violations and sex trafficking, and argues that preventative action needs to have a more central role in current anti-trafficking efforts. The results demonstrate that stigma is a manifestation of power, which enables the subordination and displacement of vulnerable groups, reinforces inequality and power imbalances, and continues to undermine survivor rights to reintegration. This study also highlights where there is a need to advance discourse about cultural rights and sexuality within anti-trafficking work in India, and to implement broader approaches to women's development as part of sex trafficking prevention strategies.</p>

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 "You Are Never Truly Free" Social Stigma in India and its Impact Upon Rehabilitation, Reintegration and Advocacy for Survivors of Sex Trafficking

2021 ◽  
Author(s):  
◽  
Sumu Diya Mukesh
Keyword(s):  
Human Rights ◽  
Lived Experience ◽  
Human Trafficking ◽  
Gender Discrimination ◽  
Sex Trafficking ◽  
Social Stigma ◽  
Vulnerable Groups ◽  
Structured Interviews ◽  
Cultural Rights ◽  
Trafficking Victims

<p>This research examines how social stigmas related to sex work and sexual activity in India contribute to the creation of environments conducive to gender discrimination and the erosion of female rights. It seeks to understand, through the work of anti-trafficking staff and the lived experience of sex trafficking survivors in Kolkata, how this subsequently impacts survivors' ability to be successfully rehabilitated and reintegrated into their communities. Human trafficking directly limits the human rights and freedoms which development aims to facilitate and realise; it is fundamentally a development concern. Violations of human rights are a cause and a consequence of trafficking in persons, making their universal promotion and protection relevant to anti-trafficking. Females constitute 80 per cent of all sex trafficking victims, demonstrating that it is a significantly gendered crime. India is home to 40 per cent of the estimated global slave population, and operates as a destination, transit and origin country for all forms of human trafficking.   This research involved semi-structured interviews focused on experiences and understandings of social stigma with eight staff of the anti-trafficking NGO Sanlaap, one staff member of a partnering Government-run shelter home, and one focus group with eight sex trafficking survivors. Data were analysed thematically through concepts of human rights, social stigma, gender discrimination and vulnerability.  The results indicated that prioritising the protection and promotion of their human rights was integral to Sanlaap's success in rehabilitating and reintegrating survivors. This research, therefore, reinforces conceptual links between human rights violations and sex trafficking, and argues that preventative action needs to have a more central role in current anti-trafficking efforts. The results demonstrate that stigma is a manifestation of power, which enables the subordination and displacement of vulnerable groups, reinforces inequality and power imbalances, and continues to undermine survivor rights to reintegration. This study also highlights where there is a need to advance discourse about cultural rights and sexuality within anti-trafficking work in India, and to implement broader approaches to women's development as part of sex trafficking prevention strategies.</p>

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.

Forced migration, human trafficking, and human security

2017 ◽  
Vol 66 (2) ◽  
pp. 209-225 ◽  
Author(s):  
Farhan Navid Yousaf
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Forced Migration ◽  
Human Security ◽  
Forced Displacement ◽  
Marginalized Groups ◽  
Human Rights Based Approach

This article situates forced migration amid intersections of burgeoning human insecurities that force increasing numbers of people to leave their homes and become susceptible to exploitation. Drawing upon data on trafficking in Pakistan, the author argues that marginalized groups often go through multiple migrations that can include episodes of trafficking for sex, labor, or other purposes. The disjuncture between policies and realities on the ground, and the trend of current interventions do little to address the human security of these migrants. The article emphasizes that the human security frame provides a more nuanced human rights-based approach to analyze this form of migration and address the root causes and risks associated with the forced displacement of people.

Still punishing the wrong people: the criminalisation of potential trafficked cannabis gardeners

2019 ◽  
pp. 167-186
Author(s):  
Patrick Burland
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Rights Violations ◽  
Specific Focus ◽  
Victims Of Crime ◽  
The Uk

This chapter examines the existing knowledge about human trafficking for cannabis cultivation in the UK, with a specific focus on how Vietnamese nationals are most commonly being exploited for this purpose. It then moves on to its main focus: the criminalisation of those potentially trafficked for cannabis cultivation. Trafficked persons who are exploited for the cultivation of cannabis in the UK are committing criminal offences under the Misuse of Drugs Act 1971. However, if people trafficked to grow cannabis are recognised as having been abused and exploited, and as victims of crime or human rights violations as a result of coercion and abuse, then punishing them should be seen as highly inappropriate. The criminalisation of trafficked persons is also counterproductive for efforts to prevent trafficking and prosecute traffickers.

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