Protecting Victims of Human Trafficking from Liability: An Evaluation of Section 45 of the Modern Slavery Act

2019 ◽  
Vol 83 (5) ◽  
pp. 394-405
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Trafficking ◽  
National Level ◽  
Regional Level ◽  
Human Beings ◽  
Council Of Europe ◽  
Protective Measures ◽  
England And Wales ◽  
Modern Slavery ◽  
Trafficking In Human Beings ◽  
European Regional

The evolution of protective measures offered to victims of human trafficking at a European regional level has begun to have an impact at a national level. In this article, the author explores a provision intended to guard victims of human trafficking, who have been compelled to commit crimes, against prosecution and punishment. The provision under scrutiny is the statutory defence found in s 45 of the Modern Slavery Act, 2015 (England and Wales). The article draws on the obligations spelt out in regional law (the 2005 Council of Europe Convention on Action Against Trafficking in Human Beings and Directive 2011/36 on preventing and combating trafficking in human beings and protecting its victims) and asks if England and Wales fulfil their duties with respect to protecting trafficked persons from being prosecuted and punished.

COMBATING TRAFFICKING IN HUMAN BEINGS: APPROACH OF THE COUNCIL OF EUROPE

2021 ◽  
Vol 65 (04) ◽  
pp. 234-236
Author(s):  
Fidan Dilqem Hajizade ◽  
Keyword(s):  
Key Words ◽  
Human Trafficking ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Forced Labor ◽  
Human Beings ◽  
Council Of Europe ◽  
Monitoring Mechanism ◽  
Trafficking In Human Beings ◽  
International Trafficking

The 2005 Council of Europe Convention on Action against Trafficking in Human Beings is open for signature not only by Member States of the Council of Europe, but also non-members of the Council of Europe. This Convention is comprehensive treaty mainly focused on the protection of victims of trafficking in human beings and ensure of their rights. It also aims at preventing human trafficking as well as prosecuting perpetrators. The provisions of this Convention are applied to all forms of trafficking: both national and international trafficking and whether or not it is related to organized crime. The Convention protects the rights of women, men and children who have been subjected to any form of exploitation (sexual exploitation, forced labor, services, etc.). Moreover, the Convention provides an independent monitoring mechanism to control the implementation of the provisions of the Convention. Key words: Convention on Action against Trafficking in Human Beings, Council of Europe, GRETA, exploitation, implementation, victims of human trafficking

scholarly journals The Role of Local Authorities in Addressing Human Trafficking

2009 ◽  
pp. 127-139
Author(s):  
Kathryn Rossiter ◽  
Jo Benfield
Keyword(s):  
United Kingdom ◽  
Human Trafficking ◽  
Successful Implementation ◽  
Human Beings ◽  
Council Of Europe ◽  
Local Authorities ◽  
The United Kingdom ◽  
Trafficking In Human Beings ◽  
National Governments

Worldwide, it is estimated that nearly 4 million people fall victim to people traffickers every year. Trafficking is carried out mainly by Organised Criminal Networks and the victims are forced into prostitution, illegal labour, domestic slavery and petty crime.On 1 April 2009, the United Kingdom signed up to the Council of Europe Convention on Action against Trafficking in Human Beings. The Convention, which has to date been ratified by 20 European countries, is legally binding and aims to promote and protect the rights of victims who have been tricked or forced into leaving their homes, moved to another country, or within their own country, and then exploited. Whilst it is national governments who are signatories to the Council of Europe Convention, local authorities have a key role to play in its successful implementation.

scholarly journals EU Directive on preventing and combating trafficking in human beings and protecting victims: Will it be effective?

2011 ◽  
Vol 20 (64) ◽  
pp. 227 ◽  
Author(s):  
Katarsyna Gromek- Broc
Keyword(s):  
Human Trafficking ◽  
International Level ◽  
Human Beings ◽  
Council Of Europe ◽  
Eu Directive ◽  
Trafficking In Human Beings ◽  
International Instruments ◽  
The Eu

In recent years, tackling effectively human trafficking has become priority for the EU legislator. The Directive on this subject was adopted on the 5th o April 2011. It is designed to provide the powerful measures to prevent crime, to protect victims and to punish the offenders. It also promises to offer more interaction among different platforms and international instruments at the European and International level: the EU, the Council of Europe, the UN and the ILO.

scholarly journals Trafficking in Human Beings: Made and Cut to Measure? Anti-trafficking Docufictions and the Production of Anti-trafficking Truths

2018 ◽  
Vol 12 (4) ◽  
pp. 540-560 ◽  
Author(s):  
Kiril Sharapov ◽  
Jonathan Mendel
Keyword(s):  
Human Trafficking ◽  
Empirical Research ◽  
Significant Role ◽  
Human Beings ◽  
Construction Of Knowledge ◽  
Public Debates ◽  
Trafficking In Human Beings ◽  
Media Imagery ◽  
Video Makers ◽  
Conceptual Work

This article responds to Gozdziak’s (2015: 30) call to explore how the knowledge that informs public debates about human trafficking is generated. Media imagery and narratives play a significant role in constructing both knowledge and ignorance. This article reflects on the construction of such knowledge by analysing how anti-trafficking docufiction videos from the Unchosen competition dramatize trafficking. We draw on Goffman’s (1974) work on frames to analyse how these videos present a simplified interpretation of reality, where certain constructed aspects of trafficking and exploitation are represented by video-makers as illustrating the general. In doing so, we highlight how anti-trafficking docufictions help efface everyday exploitation. The article contributes both to the empirical research on the construction of knowledge about trafficking, and to critical conceptual work on (anti)trafficking, exploitation and ignorance. It is part of a broader project to challenge exceptionalizing and individualizing representations of human trafficking – aiming to engage better with everyday exploitation.

scholarly journals New challenges in the problem of combating human trafficking in Ukraine

2021 ◽  
Vol 10 (44) ◽  
pp. 28-37
Author(s):  
Larysa Danylchuk ◽  
Danylo Yosyfovych ◽  
Yaroslav Kohut ◽  
Yuliia Todortseva ◽  
Petro Kozyra
Keyword(s):  
Theoretical Analysis ◽  
Human Trafficking ◽  
Empirical Analysis ◽  
Genetic Material ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Scientific Fields

The article presents the author’s results of theoretical and empirical analyzes of challenges in combating human trafficking in Ukraine. Theoretical analysis showed that human trafficking is an interdisciplinary problem and is represented by a number of studies by scientists in various scientific fields in the domestic and foreign scientific space. It has been established that currently there is no research on new challenges in combating human trafficking in Ukraine. Empirical analysis of new challenges in combating trafficking in human beings in Ukraine was carried out through the implementation of a polygon study and interpretation of the results. The obtained data outline new challenges in the problem of combating human trafficking in Ukraine, such as: use for selfish purposes, forced donation, trade in biological/genetic material, reproductive programs/surrogacy. The results suggest that the new challenges in combating human trafficking in Ukraine are a real platform for transnational crime. It was stated that such circumstances require strengthening of international cooperation in combating transnational human trafficking, legal regulation and improving the domestic legal framework with systematic and full informing of Ukrainian people about consequences and new challenges in combating human trafficking.

scholarly journals Human Trafficking in Thailand in Perspective of Human Rights Law

2021 ◽  
Vol 2 (4) ◽  
pp. 505-514
Author(s):  
Natalia Sihotang ◽  
Channarong Wiriya
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Country Of Origin ◽  
Transnational Crime ◽  
Human Beings ◽  
Human Rights Law ◽  
Transit Country ◽  
Trafficking In Human Beings ◽  
International Human ◽  
The Government

Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.

scholarly journals Socio-criminological and legal nature of trafficking in human beings (the slave trade, the slave trade)

2020 ◽  
Vol - (1) ◽  
pp. 24-31
Author(s):  
А.V. Serebrennikova ◽  
◽  
А.V. Staroverov ◽  
Keyword(s):  
Human Trafficking ◽  
Middle Ages ◽  
Slave Trade ◽  
Modern Human ◽  
Human Beings ◽  
Trafficking In Persons ◽  
Legal Nature ◽  
The World ◽  
Trafficking In Human Beings ◽  
Modern Form

Human trafficking as a social phenomenon originated in the period of antiquity, the greatest spread reached in the early middle ages. Until the mid-19th century in many countries of the world, and in some countries until the mid-20th century, it was carried out quite legally. Modern trafficking in human beings, committed in the form of the purchase and sale of a person, his recruitment, transportation and concealment, is a criminal act, so it is carried out in disguise or completely hidden. Modern human trafficking dates back to ancient forms of the slave trade, which allows it to be defined as a modern form of slavery. Since the object of trafficking is currently a free person, it would be wrong to replace the terms trafficking in persons with slave trade, despite the fact that they are used as equivalent in international legal instruments.

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