Odpowiedzialność karna za zawieranie fałszywych małżeństw w kontekście handlu ludźmi (wniosek ECPRD nr 4693)

2021 ◽  
Vol 2 (70) ◽  
pp. 246-250
Author(s):  
Angelina Tazuszel
Keyword(s):  
Human Trafficking ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Human Beings ◽  
National Legislation ◽  
Trafficking In Human Beings ◽  
International Conventions

The author presents national legislation concerning criminal responsibility for fake marriages within the framework of human trafficking, including selected provisions on marriages that are in force in Poland and legislation on human trafficking (including international conventions on counteracting human trafficking to which Poland is a party). As the Author emphasizes, perpetrators of trafficking in human beings are punished in Poland on the basis of the Criminal Code.

scholarly journals Human Trafficking: Canadian Government Policy and Practice

Refuge ◽  
2001 ◽  
pp. 14-23 ◽  
Author(s):  
Jacqueline Oxman-Martinez ◽  
Andrea Martinez ◽  
Jill Hanley
Keyword(s):  
Human Trafficking ◽  
Government Policy ◽  
Preliminary Evidence ◽  
State Agency ◽  
Social Implications ◽  
Border Control ◽  
Human Beings ◽  
Policy And Practice ◽  
New Form ◽  
International Conventions

A recent study undertaken by the authors (Oxman-Martinez and Martinez 2000) examined the Canadian government’s response to the traffic of human beings. Information from twenty-one government and ngo informants and a thorough review of state agency policies and international conventions revealed that trafficking and refugee movements have many links. The question raised by the Metropolis Project—Is clandestine entry to Canada a crime or a new form of migration?—is important, given that trafficking may be the only option available to legitimate refugees waiting to escape dangerous or oppressive situations. Rather than seeking to ease the migration of refugees or addressing the structural causes of trafficking or its social implications, however, Canada’s response is focused on the prevention of “irregular movements” (through immigration and border control) and prosecution of the few traffickers successfully apprehended. Preliminary evidence suggests that border control will fail to adequately address the exploitation of women, children, and men—often refugees— within our frontiers. The temporarily defunct Bill c- 31 (with its measures to control the borders and restrict immigration) threatens the rights of refugees while doing little to prevent human trafficking, protect its victims, or prosecute those who profit from trafficking.

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.

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 Criminal offense of trafficking in human beings: International documents, contemporary solutions in national legislations and Criminal Code of Federal Republic of Yugoslavia

Temida ◽  
2002 ◽  
Vol 5 (1) ◽  
pp. 35-46 ◽  
Author(s):  
Sanja Copic ◽  
Vesna Nikolic-Ristanovic
Keyword(s):  
Federal Republic ◽  
Criminal Law ◽  
Western Europe ◽  
Central And Eastern Europe ◽  
Criminal Code ◽  
International Community ◽  
International Standards ◽  
Human Beings ◽  
Criminal Offense ◽  
Trafficking In Human Beings

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.

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.

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