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.

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.

scholarly journals ANTI-HUMAN TRAFFICKING POLICY OF THE EU

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Iryna Klymchuk ◽  
Keyword(s):  
European Commission ◽  
Human Trafficking ◽  
Complex Structure ◽  
The European Union ◽  
Human Beings ◽  
Member States ◽  
Funding Program ◽  
Trafficking In Human Beings ◽  
Institutional Mechanism ◽  
The Eu

After the mid-1990s, the EU realized the need to develop a common approach to combating human trafficking. As a result of the increased competence of the relevant EU institutions, as well as the increase of stakeholders’ concerns about its internal security and control of external borders began to grow, which gave push to the unprecedented formation, expansion and consolidation of anti-trafficking policy. Accordingly, a number of legislative and policy instruments have been created for this purpose. Important EU anti-trafficking program activities include the EMPACT program (European Multidisciplinary Platform Against Criminal Threats) (2011-2013) and (2013-2017), which consisted of the joint participation of Member States in multidisciplinary operational actions to combat organized crime involved in trafficking in human beings. Also in 2009, the EU developed the Global Approach to Migration and Mobility, as well as a separate document focused on strengthening the EU’s external influence against human trafficking. A more recent EU migration program in 2015 provided Member States with a comprehensive set of tools to manage migration and combat trafficking in human beings. Important tools in the fight against trafficking in human beings in the EU include Directive 2004/81/EU, which regulates the granting of temporary residence permits to third-country nationals who have been trafficked; Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims; Directive 2012/29/EU, which set additional minimum standards for the rights, support and protection of trafficking victims. In 2012 a joint EU strategy to eradicate trafficking-related crimes was launched for 2012-2016. An appropriate information platform has also been set up, which contains information on legal documents, initiatives, or possible projects and stakeholders dealing with human trafficking. In addition, a funding program has been established to promote quantitative and qualitative research projects, enhance the exchange of valuable knowledge and improve the quality of data collection. We came to the conclusion that institutional mechanism of the European Union in combating with trafficking in human beings is a system of EU bodies that adopt relevant regulations. This institutional mechanism has a rather complex structure, based on the European Parliament, the European Council, the European Commission, the European Anti-Trafficking Coordinator, the EU Expert Group on Trafficking of Human Beings, Europol, Eurojust, the European Judicial Network. The main component of this structure is the European Commission, which makes decisions and takes initiatives in this area. A characteristic feature of the EU’s anti-trafficking policy is not only to ensure respect for human rights of victims of this crime, but also to create appropriate conditions for its rehabilitation, further socialization and prosecution of perpetrators. In sum, the EU treats human trafficking as one of the global problems of our days and is making considerable efforts to combat it.

scholarly journals Human Beings Trafficking. the Albanian Legislation

2016 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Nikolin Hasani
Keyword(s):  
Human Trafficking ◽  
Rural Families ◽  
Economic Recession ◽  
Legal Aspects ◽  
Human Beings ◽  
Social Risks ◽  
Geographical Position ◽  
Trafficking In Human Beings ◽  
Mitigating Factor ◽  
The Eu

Human trafficking has emerged as a negative phenomenon, with a large multiple social risks, primarily based on human rights violations practices, on the continuous victimization of people and the denial of human dignity. Economic recession, cultural and rural families, tin heterogeneity of the urban population are also other factors which facilitate domestic trafficking. Albania's geographical position at the external borders of the EU is a mitigating factor for Albanians and other populations in the region to move towards Europe illegally. The aim of this paper is to presents the legal aspects of trafficking in human beings in Albania after the communism regime.

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 Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 33-57
Author(s):  
Steven Dewulf
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Code ◽  
The European Union ◽  
Council Of Europe ◽  
Criminal Legislation ◽  
International Instruments ◽  
The Eu

Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

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 International Business Encounters Organized Crime: The Case of Trafficking in Human Beings

2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Transnational Crime ◽  
Human Beings ◽  
Corporate Behavior ◽  
Governance Strategies ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.

International Cooperation in Combating Human Trafficking in the EU: Evidence from Turkey

2012 ◽  
Vol 20 (1) ◽  
pp. 39-64 ◽  
Author(s):  
Gönül Oğuz
Keyword(s):  
National Security ◽  
Human Trafficking ◽  
International Cooperation ◽  
Organised Crime ◽  
Human Smuggling ◽  
Human Beings ◽  
Member States ◽  
Eu Member States ◽  
Irregular Migrants ◽  
The Eu

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.

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