scholarly journals Trafficking in human beings as a specific form of women's migration

Temida ◽  
2002 ◽  
Vol 5 (1) ◽  
pp. 13-33 ◽  
Author(s):  
Natasa Mrvic-Petrovic

The author is analyzing trafficking in human beings as a specific form of women's (illegal) migration. The author is presenting detailed analysis of the international standards and recent activities of different international organizations (UN, Council of Europe, European Community, OSCE), concerning prevention of trafficking in human beings, regulation of foreign migrants' status and protection of victims of trafficking. Starting from the analysis of international documents and national legislations dealing with migration and prostitution, the author is proposing changes of existing domestic laws concerning movement and residence of foreigners. The aim of such changes is to harmonize our legislation with international standards and obligations accepted by signing the Palermo Convention.

2020 ◽  
Vol 10 (3) ◽  
pp. 272-292
Author(s):  
Anja Schmidt

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.


Temida ◽  
2002 ◽  
Vol 5 (1) ◽  
pp. 35-46 ◽  
Author(s):  
Sanja Copic ◽  
Vesna Nikolic-Ristanovic

Due to its high social danger and far-reaching consequences, trafficking in human beings, as a form of transnational crime, needs an all-inclusive international approach in countries of origin, transit and destination. That means the use of effective measures concerning prevention, punishment of perpetrators and protection of victims. In connection with that, intensive efforts of the international community in stamping out this phenomenon marked the end of 20? century. They are incarnated in a numerous of international documents and other activities, which particular emphasize the need of criminalization of trafficking in human beings in national legislation. In the paper, authors are analyzing international documents that are both directly or indirectly dealing with this topic, as well as criminal law provisions of a number of countries (USA, Western Europe, Central and Eastern Europe, Southern Europe). The aim of such an approach is to perceive our legislation though the prism of the contemporary tendencies, as well as to point out certain shortages and the importance of harmonizing our legislature with the international standards and demands of the international community. The first step toward that should be inclusion of trafficking in human beings as a separate criminal offence in the Criminal Code of Federal Republic of Yugoslavia. Victimology Society of Serbia drafted such criminal law provision, which is presented in this paper.


2019 ◽  
Vol 83 (5) ◽  
pp. 394-405
Author(s):  
Julia Muraszkiewicz

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.


Temida ◽  
2015 ◽  
Vol 18 (2) ◽  
pp. 105-124 ◽  
Author(s):  
Sinisa Dostic ◽  
Sasa Gosic

The Group of Experts on Action against Trafficking in Human Being (GRETA) is one of the most important international expert bodies in combatting trafficking in human beings. At the same time, it is the key element in the complex mechanism for monitoring implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, the leading international legal instrument in this area. The basis of this mechanism is the GRETA questionnaires developed for evaluation of the implementation of the Convention, and the so called first and second evaluation round. This paper aims to analyze the content, place and the procedural significance of GRETA questionnaires within the mechanism of evaluation of the implementation of the Convention, as well as the place of collecting the data on victims of trafficking in human beings.


Author(s):  
O. K. Goncharenko ◽  
A. O. Akhmetzyanov

The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.


2021 ◽  
Vol 65 (04) ◽  
pp. 234-236
Author(s):  
Fidan Dilqem Hajizade ◽  

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


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