scholarly journals DOMESTIC VIOLENCE AS A DETERMINANT OF TRAFFICKING IN HUMAN BEINGS: THE EXPERIENCE OF UKRAINE AND POLAND

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Oleksandr D. Kolomoyets ◽  
◽  
Irena Malinowska ◽  
Serhiy Kolomoyets ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Human Trafficking ◽  
Donor Country ◽  
Labour Migration ◽  
International Strategy ◽  
Human Beings ◽  
Illegal Migration ◽  
Criminal Offense ◽  
Trafficking In Human Beings ◽  
The Republic

The article reveals the problem of combating human trafficking as a criminal phenomenon and one of the global problems of mankind. Based on the analysis of the practice of anti-trafficking entities in Ukraine and Poland, a set of theoretical and practical issues related to the criminalization of human trafficking and legal analysis of the criminal offense under the current legislation of these countries is covered. It is noted that unlike Ukraine, which in most cases is a donor country for victims of trafficking, the Republic of Poland is a destination and transit country in this area of criminal business. The current state of human trafficking in Ukraine and Poland, the causes and conditions of this phenomenon, some determinants that lead to the commission of criminal offenses of this category in these countries are analyzed. One of the key factors has been found to be domestic violence, a particular issue that in itself needs to be addressed immediately. Therefore, an effective solution to one of the outlined problems is impossible without positive steps in solving the other. Attention is focused on the lack of definition of the term �trafficking in human beings� in the criminal law of both countries whose experience is being studied. In Ukraine, the legislator has distinguished a certain feature, in particular, in contrast to international acts, human trafficking has identified as a separate form of criminal offense, different from its main forms. The relationship between human trafficking, labour migration and domestic violence is considered, the consequences of labour migration for the social and economic sphere are analyzed; some differences for Ukraine and the Republic of Poland are identified, some statistical data and forecasts of specialists are given. In the context of the study, the concept of �social orphan hood� and its long-term impact on the crime situation and public life in the country is revealed. The activities of international organized criminal groups, including those formed in Poland and Ukraine, extend to all regions of the world and have reached a level previously inaccessible to them. The creating of sustainable channels for illegal migration and human trafficking is one of the most lucrative areas and areas of transnational organized crime in Eastern Europe. It is proposed to effectively combat these negative phenomena by developing an international strategy for joint action, to unite the efforts of law enforcement agencies and other actors in combating human trafficking in both donor and transit countries and to designate �living goods� at the regional and national levels. It is noted that attention should be paid not only to the fight against the very phenomenon of modern slavery, but also to its consequences and, most importantly, to the determinants.

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.

scholarly journals Trafficking in Human Beings in the Context of Global Ethics

2021 ◽  
Author(s):  
Camelia Elena Nichita (Vasile) ◽  
◽  
Miruna Angela Mutu ◽  
Iliana Maria Zanfir ◽  
◽  
...  
Keyword(s):  
Labour Market ◽  
Human Trafficking ◽  
Resource Scarcity ◽  
Human Beings ◽  
Global Ethics ◽  
Illegal Migration ◽  
Global Issues ◽  
Contemporary World ◽  
Trafficking In Human Beings ◽  
Criminal Groups

The concept of “Global Ethics” refers to the analysis and identification of ethical solutions to the challenges of the contemporary world. Among the current global problems we bring to the fore: illegal immigration as a component of human trafficking, but also other global issues interdependent with the two crimes above: violation of human rights and freedoms, poverty, resource scarcity, discrimination, illegal international business and trade, all of which, requesting from the authorities and beyond, legislative and ethical solutions. Legal migration is the widely accepted form globally, since it can be determined over time, but also controlled in terms of the number of people, fields and jobs. Illegal migration is the alternative used by people who cannot use the legal route to go abroad. A component of trafficking in human beings, illegal migration is a global scourge, hard to control, caused by organised criminal groups, but also by the increasing ingenuity of criminals. Although the phenomenon is manifesting itself worldwide, it is accentuated by the fact that there is a lack of appropriate legislation and an effective system of cooperation between government institutions and civil society.Trafficking in human beings must be related to the causes that led to its emergence: discrimination in the labour market revealed by high unemployment rates (women vs. men), poverty combined with low remuneration for work performed, corruption of authorities, poor border control, restriction of legal migration opportunities, internationalization of criminal groups correlated with high profits from human trafficking, poor information of people who want to emigrate about the real effects of the labour market. Knowing this phenomenon, but also of the causes that cause it to occur, determines the process of working for knowledge, resolution and fight against it. The present work is intended to be a source of information that makes available to those interested that information about illegal migration, as well as how state structures can and should be involved in the situation.

Protection and Assistance to Victims of Human Trafficking in Serbia: Recent Developments

2010 ◽  
Vol 7 (1) ◽  
pp. 45-60 ◽  
Author(s):  
Biljana Simeunovic-Patic ◽  
Sanja Copic
Keyword(s):  
Human Trafficking ◽  
Child Victims ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Residence Permit ◽  
Recent Developments ◽  
Trafficking In Human Beings ◽  
Victim Protection ◽  
The Republic

The paper reviews recent developments in the system of protection, assistance and support of victims of human trafficking in Serbia. The establishment of the Agency for Co-ordination of Protection of Victims of Trafficking in Human Beings in 2003, the issuing of the Instruction on Conditions for Obtaining Temporary Residence Permit for Foreign Citizens — Victims of Trafficking in Human Beings by the Minister of Interior in 2004, and the adoption of the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia in 2006 are important steps forward. Notable improvement has been achieved in the protection of victims as injured parties/witnesses in criminal proceedings. However, despite the respectable efforts made so far, further improvements to the system and mechanisms of victim protection in Serbia are still needed, particularly in terms of developing support for and protection of child victims.

scholarly journals Routes of human trafficking in Europe and the position of Serbia on them

Temida ◽  
2008 ◽  
Vol 11 (4) ◽  
pp. 49-68 ◽  
Author(s):  
Sanja Copic
Keyword(s):  
Human Trafficking ◽  
Relevant Literature ◽  
Control Policy ◽  
Point Of View ◽  
Global Perspective ◽  
Human Beings ◽  
Male Victims ◽  
Illegal Migration ◽  
Global Trends ◽  
And Migration

Human trafficking as a form of organized crime is showing its increase today, changing at the same time its structure and characteristics. Some factors that contribute to such a situation are global trends that result in huge social and economic inequalities in the world, but also turbulences and problems that are affecting certain regions (wars, political instability, ethnic conflicts, militarization etc.). Human trafficking, as a complex social phenomenon that encompasses different forms of acting, subjects and aims, can be analyzed within different concepts. One of them refers to the issue of broader migration flows and migration control policy. Namely, from the global perspective, trafficking in human beings can be mostly considered as a form of 'organized illegal migration'. Due to that, it seems important to consider the issue of routes through which this form of migration is realized today. Discovering human trafficking routes, as well as other forms of illegal movement of people and illegal forms of trade are very important from the point of view of implementing adequate measures and relocation of resources in order to suppress these forms of socially unacceptable phenomena. Creating adequate anti-trafficking activities is important on national, regional and international levels. Keeping that in mind, the aim of this paper is to look into the contemporary routes of human trafficking within Europe and find out what is the position of Serbia on these routes, as well to examine possible changes that happened in this field during past several years. This will be done on the basis of the analysis of relevant literature, as well as on some preliminary findings of the survey on male victims of human trafficking in Serbia, which is currently conducted by the Victimology Society of Serbia.

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.

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