Transplant Tourism Prohibition under Transnational Criminal Law: A Look at the Human Trafficking Model

2020 ◽  
pp. 113-140
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Transplant Tourism

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.  

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

Transnational Criminal Law: A Field in the Making

2021 ◽  
pp. 178-202
Author(s):  
Prabha Kotiswaran ◽  
Nicola Palmer
Keyword(s):  
Human Trafficking ◽  
Intellectual Property Rights ◽  
Money Laundering ◽  
Global Governance ◽  
Criminal Law ◽  
Legal Theory ◽  
Full Range ◽  
Current Phase ◽  
Global Banking ◽  
The Rich

Twenty years into the current phase of globalization, a new field of transnational criminal law is in the making, expanding to cover issues as diverse as money laundering, counterterrorism, global banking, human trafficking, infringements of intellectual property rights, and cybercrime. The chapter introduces the concept of transnational criminal law (TCL) and deliberates on the dilemmas of TCL as applied to empirical legal phenomena before suggesting a sociolegal approach to further develop the field of TCL. In particular, the chapter brings to bear on TCL the rich debates within global governance and transnational legal theory. The chapter does this by decentering formal state law and examining the full range of technologies of governance, that nonstate actors increasingly propose in order to address transnational social problems.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

Human Trafficking and China: Challenges of Domestic Criminalisation and Interpretation

2016 ◽  
Vol 17 (1) ◽  
pp. 148-177
Author(s):  
Bonny Ling
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
International Standards ◽  
Chinese Government ◽  
Male Victims ◽  
Trafficking In Persons ◽  
Republic Of China ◽  
High Profile ◽  
History Of ◽  
Women And Children

In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking

2021 ◽  
Vol 10 ◽  
pp. 1594-1603
Author(s):  
Ha Le Thuy ◽  
Hoang Thi Hai Yen ◽  
Nguyen Quang Bao
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Early Stage ◽  
Legal Protection ◽  
Viet Nam ◽  
New Methods ◽  
Before And After ◽  
The Right ◽  
Legal Mechanism ◽  
Fetal Stage

When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.

Kidnapping: Qualification Questions

2020 ◽  
Vol 9 ◽  
pp. 77-83
Author(s):  
A. V. Brilliantov ◽  
Keyword(s):  
Supreme Court ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Creation

The article provides an analys is of the criminal law regulating criminal responsibility for kidnapping. The positions on the seissuesare analyzed as set out in the Supreme Court Plenary's ruling of 24 December 2019, No. 58 on the judicial practice of cases of kidnapping, un law fulimprisonment and human trafficking. On the basis of the study of jurisprudence and theoretical sources, the position is based that the detentionis not the purpose of kidnapping, butispartofitsobjectiveside. Thearticlealsoexploresthesubjectiveside of kidnapping and argues that it is necessary to classifyacts of crime in cases where kidnapping is the creation of conditions for the Commission of a person another crime. The work is illustrated with examples of jurisprudence.

Human Trafficking: Trends and Methods of Counteraction

2021 ◽  
Author(s):  
Konstantin Popov ◽  
Mattia Masolletti
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
International Crime ◽  
Criminal Offense ◽  
Interstate Cooperation ◽  
The World

One of the serious and serious crimes of an international nature is human trafficking, which requires effective and enhanced interstate cooperation, since this phenomenon has not bypassed any State in the world. Human trafficking is an international crime. This type of crime occupies a significant place in the structure of criminal business. The authors of the article analyze the norms of criminal law that identify this type of criminal offense.

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