scholarly journals The Relationship Between Human Rights Violations and Human Trafficking

2016 ◽  
Vol 3 (1) ◽  
pp. 39-55
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Crime Victims ◽  
Human Rights Violations ◽  
Human Beings ◽  
Legal Nature ◽  
The World ◽  
Trafficking In Human Beings ◽  
The Relationship

Human trafficking is lucrative crime, often trans border, affecting every country in the world. In the course of this crime victims are subjected heinous experiences. Consequently the crime has been described as a grave violation of human rights. However, there are those that question the legal nature of trafficking in human beings, and whether it really is a violation of human rights. This article explores the relationship between human trafficking and human rights, and analyses what are the impacts of that relationship on State’s duties to fight the crime.

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.

scholarly journals Human trafficking as a crime against humanity

Legal Ukraine ◽  
2020 ◽  
pp. 62-70
Author(s):  
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Beings ◽  
European Court ◽  
The World ◽  
Trafficking In Human Beings ◽  
Institutional Mechanism

The article emphasizes that human trafficking is a modern form of slavery and a crime against humanity. The causes of the international crime are unresolved migration problem in the world, armed conflicts, insufficient efforts of states to combat human trafficking, inefficiency political and economic transformations in the state, corruption officials, declarative social policy and numerous other reasons. UN Office on Drug and Crime reports an increase in the number of recorded cases of human trafficking in the world. Due to the Covid-19 pandemic, states have closed their borders, but this is not the way out. After the resumption of international connections, a new wave of migration flows is expected. As a result, the level of human trafficking crime will increase. The institutional mechanism of the UN, the Council of Europe and the role International Criminal Court in the field of combating the crime of trafficking people were analyzed. The scale and effectiveness of certain international legal acts are determined. The main disadvantage is their recommendatory nature. Combating against transnational crime trafficking in human beings requires to use not only national and regional judicial system, but also international bodies. Particular attention was paid on the importance of the International Criminal Court and the European Court of Human Rights in investigating the crime of trafficking in human beings. The issue of jurisdiction of the International Criminal Court on human trafficking crimes was covered. Creating a new mechanism to combat human trafficking is not an appropriate way. We emphasized the importance of improving the work of existing institutions. Key words: crime against humanity, human trafficking, institutional mechanism, migration, International Criminal Court, Rome Statute, European Court of Human Rights.

scholarly journals The Legal Framework on Human Trafficking in the UAE

2021 ◽  
Vol 4 (4) ◽  
pp. 419-436
Author(s):  
Aref Abdullah Mohmmed Alwadeai
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Analytical Approach ◽  
Legal Framework ◽  
Penal Code ◽  
Human Rights Violations ◽  
Human Beings ◽  
Trafficking In Human Beings

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

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 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.

scholarly journals Prohibition of trafficking in human beings under the auspices of human rights

2021 ◽  
Vol 63 (2) ◽  
pp. 5-26
Author(s):  
Tijana Šurlan
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Framework ◽  
Constitutional Court ◽  
Human Beings ◽  
International Treaties ◽  
Theoretical Formulation ◽  
European Court ◽  
Trafficking In Human Beings ◽  
The Republic

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.

Opinion Piece – Terrorism, Human Trafficking and Conflict-Related Sexual Violence: Examining the Nexus

2020 ◽  
Vol 1 (2) ◽  
pp. 117-133
Author(s):  
Christiana Ejura Attah
Keyword(s):  
Sexual Violence ◽  
Human Trafficking ◽  
Human Beings ◽  
Enabling Environment ◽  
Opinion Piece ◽  
The World ◽  
Terrorist Groups ◽  
Trafficking In Human Beings

Terrorism, a global phenomenon afflicting virtually all continents in the world, has heightened trafficking in human beings. The same applies to the upsurge in sexual violence, especially in places with noticeable terrorist activities or experiencing other forms of conflict. The need to determine whether this upsurge has any connection with terrorism or the activities of terrorist groups has not attracted the requisite scholarly interest. Terrorist organisations rely on human trafficking for a variety of reasons, while the trafficked victims are exposed to sexual violence at the hands of members of these organisations. It raises a very important question: Is there a connection between terrorism, human trafficking and sexual violence in areas prone to conflict? This opinion piece examined the nexus between terrorism, human trafficking and conflict-related sexual violence and concludes that a strong nexus exists between terrorism, human trafficking and conflict-related sexual violence as terrorism and the activities of terror groups provide the enabling environment for human trafficking and sexual violence to thrive. Furthermore, human trafficking and conflictrelated sexual violence are interconnected as the former supplies the persons who end up as victims of the latter.

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.

Corruption and Human Trafficking in Brazil: Findings from a Multi-Modal Approach

2010 ◽  
Vol 7 (1) ◽  
pp. 29-43 ◽  
Author(s):  
Andrea Cirineo Sacco Studnicka
Keyword(s):  
Human Trafficking ◽  
Causal Factor ◽  
Multivariate Approach ◽  
Human Beings ◽  
Policy Makers ◽  
Modal Approach ◽  
Trafficking In Human Beings ◽  
Complex Phenomena ◽  
The Relationship

Because both corruption and trafficking are very complex phenomena, a multivariate approach was used to analyse the relationship between corruption and trafficking. The results of the analysis show that, in Brazil, corruption is a causal factor in human trafficking. The paper offers a number of suggestions to help researchers and policy makers better understand where, how and when corruption facilitates trafficking in human beings in order to combat both crimes more effectively.

scholarly journals Assessing the Extent of Human Trafficking: Inherent Difficulties and Gradual Progress

2015 ◽  
Vol 3 (1) ◽  
pp. 22-34 ◽  
Author(s):  
Dianne Scullion
Keyword(s):  
Data Collection ◽  
Human Trafficking ◽  
Statistical Data ◽  
Global Scale ◽  
Human Beings ◽  
Policy Responses ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
The Uk ◽  
The Relationship

This article explores some of the key current research and statistical evidence available on the global scale of trafficking in human beings, and considers the assumption that the occurrence of trafficking is increasing. The value and limitations of this statistical data is identified, as is the relationship between the research base and the resulting legal and policy responses. This allows an assessment of whether there is a connection between the perceived problem and the responses to trafficking victims’ circumstances. It questions whether assumptions, generalisations and policies can be based around the available data and the responsibilities of individual countries, including the UK and the wider international community, in relation to the improvement of data collection. The article also considers signs of progress in terms of data collection and suggests further future improvements that need to be made to the approach taken.

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