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 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 The Legal Framework on Human Trafficking in the UAE

2021 ◽  
Vol 4 (4) ◽  
pp. 419-436
Author(s):  
Aref Abdullah Mohmmed Alwadeai
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Analytical Approach ◽  
Legal Framework ◽  
Penal Code ◽  
Human Rights Violations ◽  
Human Beings ◽  
Trafficking In Human Beings

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

scholarly journals Recognizing the trafficking in human beings victimization

Temida ◽  
2008 ◽  
Vol 11 (4) ◽  
pp. 69-86 ◽  
Author(s):  
Biljana Simeunovic-Patic
Keyword(s):  
General Public ◽  
Public Discourse ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Relative Prevalence

In spite of relative prevalence of trafficking in human beings issues in the expert and general public discourse in recent years, recognition of victimization by various specialists that may come across with victims still is being estimated as unsatisfactory. Stereotypes about victims of trafficking in human beings are just one factor that imperils correct and prompt recognition of victims, i.e. victims' identification, as principal prerequisite of their protection and support. Today, there are various efforts to overcome that problem - primarily through the training of professionals and creating the identification guidelines, i.e. lists of indicators of trafficking in human beings victimization; however, these resolves only one part of the problem and reveal some new challenges at the same time.

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.

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.

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.

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