scholarly journals South Asia: Clarify goals and expand the reach of anti-trafficking programs

2002 ◽  
Keyword(s):  
Human Rights ◽  
South Asia ◽  
Human Trafficking ◽  
Appropriate Technology ◽  
Treatment Programs ◽  
Development Fund ◽  
Adults And Children ◽  
Definition Of ◽  
Human Rights Standards ◽  
Nations Development

Each year, a significant number of adults and children become victims of human trafficking—forced transportation within or across country borders for exploitation in the form of forced sex, labor, or other services unwillingly given. In September 2001, the Population Council collaborated with the Program for Appropriate Technology in Health and the United Nations Development Fund for Women to conduct a consultative meeting on antitrafficking programs in South Asia. About 50 participants from national and international human rights and antitrafficking organizations attended the three-day meeting, held in Kathmandu, Nepal. The meeting had three objectives: clarifying the definition of trafficking; describing the strengths and weaknesses of legal and programmatic approaches to combat trafficking in the region; and identifying methods and indicators for evaluating and improving antitrafficking interventions. As this brief states, laws to eliminate human trafficking in South Asia should uphold international covenants and human rights standards to ensure that both citizens and noncitizens receive humane treatment. Programs to oppose trafficking should develop clear objectives and indicators to demonstrate success and point out directions for future operations.

scholarly journals Defining Terrorism in Pakistani Anti-Terrorism Law

2018 ◽  
Vol 7 (2) ◽  
pp. 272-302
Author(s):  
Khurshid Iqbal ◽  
Niaz A. Shah
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Human Rights Law ◽  
Current Definition ◽  
The Supreme Court ◽  
Definition Of ◽  
Human Rights Standards ◽  
Principle Of Legality

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism Act 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. 1 We conclude that the definition of terrorism under the Anti-Terrorism Act does not pass the test of the principle of legality and the jurisprudence of the Supreme Court of Pakistan is inconsistent confounding the situation further. We recommend that Pakistan, following the principle of legality and human rights standards, amend the current definition of terrorism as an overbroad definition could be misused and abused leading to human rights violations.

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 Sinai Trafficking: Origin and Definition of a New Form of Human Trafficking

2015 ◽  
Vol 3 (1) ◽  
pp. 113-124 ◽  
Author(s):  
Mirjam Van Reisen ◽  
Conny Rijken
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Sinai Peninsula ◽  
Modus Operandi ◽  
Sexual Violation ◽  
Cyclical Process ◽  
Women And Children ◽  
New Form ◽  
Definition Of ◽  
Very High

The phenomenon that is coined “Sinai Trafficking” started in 2009 in the Sinai desert. It involves the abduction, extortion, sale, torture, sexual violation and killing of men, women and children. Migrants, of whom the vast majority are from Eritrean descent, are abducted and brought to the Sinai desert, where they are sold and resold, extorted for very high ransoms collected by mobile phone, while being brutally and “functionally” tortured to support the extortion. Many of them die in Sinai. Over the last five years broadcasting stations, human rights organisations and academics have reported on the practices in the Sinai and some of these reports have resulted in some confusion on the modus operandi. Based on empirical research by the authors and the analysis of data gathered in more than 200 recorded interviews with Sinai hostages and survivors on the practices, this article provides a definition of Sinai Trafficking. It argues that the term Sinai Trafficking can be used to differentiate a particular new set of criminal practices that have first been reported in the Sinai Peninsula. The article further examines how the new phenomenon of Sinai Trafficking can be framed into the legal human trafficking definition. The interconnectedness of Sinai Trafficking with slavery, torture, ransom collection, extortion, sexual violence and other severe crimes is presented to substantiate the use of the trafficking framework. The plight of Sinai survivors in Israel and Egypt is explained to illustrate the cyclical process of the trafficking practices especially endured by Eritreans, introduced as the Human Trafficking Cycle. The article concludes by setting out areas for further research.

scholarly journals Servitude, slavery and Scots law: historical perspectives on the Human Trafficking and Exploitation (Scotland) Act 2015

Legal Studies ◽  
2020 ◽  
Vol 40 (3) ◽  
pp. 353-375
Author(s):  
Jonathan Brown
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
European Convention ◽  
High Court ◽  
Historical Perspectives ◽  
The Status ◽  
Definition Of

AbstractSection 4(1)(a) of the Human Trafficking and Exploitation (Scotland) Act 2015 states that it is an offence for any person to hold another person in servitude or slavery. In February 2018, John Miller and Robert McPhee appeared at the High Court in Glasgow, charged on indictment with this offence. In defining both ‘servitude’ and ‘slavery’, the court was obliged, per s 4(2) of the 2015 Act, to have due regard to the understanding of these terms which has evolved out of the jurisprudence of Article 4 of the European Convention on Human Rights (ECHR). ‘Slavery’, then, was said to denote ‘the status or condition of a person over whom any or all of the powers attaching to the rights of ownership are exercised’. If, however, the definition of ‘slavery’ necessarily ‘involves rights of ownership’, then it follows that any enactment of law specifically proscribing slavery is nugatory. Indeed, in Miller, the court ultimately held that ‘there was no evidence upon which they could hold that the complainer had been held in a state of slavery’. This paper consequently asks whether or not in passing s 4(1)(a) of the 2015 Act, Parliament criminalised an impossible action.

scholarly journals Human Dignity, Human Rights, and Political Regimes

1986 ◽  
Vol 80 (3) ◽  
pp. 801-817 ◽  
Author(s):  
Rhoda E. Howard ◽  
Jack Donnelly
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Social Structures ◽  
Political Regimes ◽  
International Human Rights ◽  
Cultural Traditions ◽  
The Social ◽  
International Human ◽  
Definition Of ◽  
Human Rights Standards

It is often argued that internationally recognized human rights are common to all cultural traditions and adaptable to a great variety of social structures and political regimes. Such arguments confuse human rights with human dignity. All societies possess conceptions of human dignity, but the conception of human dignity underlying international human rights standards requires a particular type of “liberal” regime. This conclusion is reached through a comparison of the social structures of ideal type liberal, minimal, traditional, communist, corporatist and developmental regimes and their impact on autonomy, equality, privacy, social conflict, and the definition of societal membership.

Iqbal Masih. Le nuove schiavitů

2009 ◽  
pp. 43-63
Author(s):  
Gabriele Turi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Key Words ◽  
Human Trafficking ◽  
International Organizations ◽  
League Of Nations ◽  
International Labour Organization ◽  
Chattel Slavery ◽  
Women And Children ◽  
Definition Of

- The definition of slavery used by the international organizations - League of Nations, International Labour Organization, United Nations - has acquired an ever broader significance: in place of chattel slavery, it has come to include the different forms of the violent subjection of men, women and children in order to exploit them. The "new forms of slavery" of the contemporary period differ from the traditional ones (which still exist in some countries, such as Mauritania), while still maintaining various elements of continuity with them. The comparison between old and new forms of slavery can deepen our understanding of both at the historiographic level.Key words: Slavery, Contemporary Slavery, Human Trafficking, Human rights.Parole chiave: schiavitů, nuove schiavitů, tratta, diritti umani.

SIXTY-FIVE YEARS AND IT SHOWS THEM ALL: PROPOSALS FOR AMENDING THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES

2016 ◽  
Vol 25 (1) ◽  
pp. 55-83
Author(s):  
Federico Lenzerini
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
International Regulation ◽  
The People ◽  
The Status ◽  
Considerable Impact ◽  
Definition Of ◽  
The Right ◽  
Human Rights Standards ◽  
Second World

The 1951 Convention Relating to the Status of Refugees was one of the major accomplishments of the post-Second-World-War international legal community. It became the cornerstone of the international regulation of the right of asylum and represented the spark that ignited subsequent developments of international law in the field of asylum and refugees. Even more notable is the fact that the Convention has continued to have considerable impact despite the passing of time. However, 65 years after its adoption the Convention is showing signs of ageing, because several of its provisions are inconsistent with the present state of evolution of international human rights law. These provisions would therefore need to be updated, taking into consideration contemporary human rights standards, so as to make the Convention a living instrument capable of effectively addressing the needs of the people to whose protection it is devoted. The provisions which most require amendment are Article 1(A)(2), providing the definition of “refugee”, the exclusion clauses included in Article 1(F), and the exceptions to the prohibition of refoulement contemplated by Article 33(2).

Human Rights Education and Social Cohesion in South Asia in times of COVID-19

2021 ◽  
Vol 24 (2) ◽  
pp. 73-112
Author(s):  
Seweryn Ozdowski
Keyword(s):  
Human Rights ◽  
South Asia ◽  
Social Cohesion ◽  
International Standards ◽  
Human Rights Education ◽  
Problematic Relationship ◽  
National Human ◽  
Social And Cultural Factors ◽  
Human Rights Standards ◽  
National Human Rights Institutions

Globalisations, economic, cultural and social change over the last four decades have affected the nature of the discourse in human rights education. The chapter explores human rights education research and the problematic relationship between human rights education and the state, against the background of globalisation, and economic, political, social and cultural factors. This article aims to link human rights international standards and institutions to grass-roots human rights culture and its impact on social cohesion in South Asia. It begins with an analysis of the nexus between human rights and social cohesion and draws attention to some ideas that complement both. It then analyses how international human rights standards and associated implementation machinery can be used to advance social cohesion around the world. The article critiques current social cohesion trends globally - with some references to Australia and South Asia and focuses on the role of National Human Rights Institutions (NHRIs) in advancing human rights culture.

scholarly journals Las normas internacionales convencionales de Derechos Humanos y su contribución al orden público internacional

2014 ◽  
pp. 325
Author(s):  
Elba Jiménez Solares
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Public Order ◽  
Derechos Humanos ◽  
Domestic Legislation ◽  
Uniform Law ◽  
The Creation ◽  
Definition Of ◽  
Human Rights Standards

El desarrollo de las normas internacionales convencionales en materia de derechos humanos ha impactado profunda y significativamente en los ordenamientos internos. El reconocimiento e incorporación de estas normas en los órdenes nacionales indudablemente ha empujado hacia la construcción de un cierto grupo de normas que constituyen un Derecho uniforme, común, fundamental y vinculante a todos los órdenes existentes y que contribuyen a la conformación de lo que podemos denominar como orden público internacional. Por supuesto, este orden público internacional no se compone exclusivamente de normas de derechos humanos, pero sí de una gran mayoría de ellas, por lo que su desarrollo ha contribuido a la definición del contenido del mismo.The development of conventional international standards on human rights has impacted significantly deeper and domestic legislation. The recognition and incorporation of these standards into domestic orders undoubtedly has pushed the construction of a certain set of rules that constitute a uniform law, common, fundamental and binding on all existing orders and contribute to the creation of what we call as international public order. Of course, this international public order is not composed exclusively of human rights standards, but a vast majority of them and their development has contributed to the definition of the content of this concept.

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