scholarly journals The Invisibility of Labour Trafficking in Spain. A Critical Analysis of Cases and Policies

2020 ◽  
Vol 18 (2) ◽  
pp. 1-25
Author(s):  
Silvia Rodríguez López

One of the most remarkable challenges concerning global migration policies nowadays has to do with impeding the trafficking of migrant workers for the purposes of labour exploitation. This paper aims to examine whether Spain has adequately fulfilled its obligations to prevent and prosecute labour trafficking and protect trafficking victims. To do so, it offers a critical analysis of public policies concerning labour trafficking, contrasting them with case-law and data regarding its implementation in practice. Thus, the most recent available data concerning inspection, investigation and prosecution of labour trafficking cases, as well as the identification and protection of labour trafficking victims in Spain is evaluated here. The results highlight the invisibility of human trafficking victims for the purposes of labour exploitation, partly caused by the lack of measures that specifically address this form of trafficking.

2021 ◽  
pp. 001112872098719
Author(s):  
Davina Durgana ◽  
Jan van Dijk

This article takes stock of studies conducted in eight countries to estimate the prevalence of human trafficking by employing the technique of Multiple Systems Estimation on data on victims of human trafficking recorded by state and non-state institutions. It presents an overview of MSE-based prevalence estimates of human trafficking victims per 100,000 inhabitants of these countries, disaggregated by type of exploitation, gender, and age. For some countries it also presents the different likelihoods of various sub-categories of trafficking victims, such as minors and migrant workers, to be detected by authorities and/or NGOs. Next, the article recounts what these studies have taught us about the suitability of applying MSE on existing multi-source databases to estimate the prevalence of trafficking victimization. The article concludes with a discussion on the promises and limitations of MSE and its prospects for further development, especially among developed nations.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.


2019 ◽  
Vol 83 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Shahrzad Fouladvand ◽  
Tony Ward

This article looks at human trafficking from a perspective influenced by the ‘vulnerability theory’ developed by Martha Fineman and her associates. It draws particularly on empirical studies of human trafficking from Albania to the UK and elsewhere. It suggests that Fineman’s approach needs to be modified to see the state not only as ameliorating vulnerability, or failing to do so, but as actively creating and using vulnerability to control or exploit its population. The fact that people are placed, for political, social and economic reasons, in situations of heightened vulnerability does not of itself deprive them of agency or responsibility. People should, however, be understood as ‘vulnerable subjects’ whose capacity for autonomy may be lost when they are deprived of supportive social relationships. The implications of this view for the criminal responsibility of trafficking victims are explored.


Populasi ◽  
2020 ◽  
Vol 28 (1) ◽  
pp. 30
Author(s):  
Goma Edwardus Iwantri

The phenomenon of human trafficking that makes humans as a commodity of trade is something that very alarming. In recent years since 2014 to 2018 the number of human trafficking cases in East Nusa Tenggara province has increased more than in other regions in Indonesia. In 2017, East Nusa Tenggara Province was ranked first of all Provinces in Indonesia related to human trafficking cases, where from January to August there were 137 cases of human trafficking in East Nusa Tenggara Province. This fact is certainly very alarming for all the people and the East Nusa Tenggara government. This article aimed at finding out 1) reality of the human trafficking case in East Nusa Tenggara Province, 2) human trafficking factors in East Nusa Tenggara Province, and 3) a solution to overcome human trafficking in East Nusa Tenggara Province. This article used literature study method by utilizing secondary data from various relevant sources. Human trafficking in East Nusa Tenggara Province have increased from year to year, it was reported that during the period of 2015 to mid-2016 there were 1,667 female migrant workers of human trafficking victims in East Nusa Tenggara Province. Low human resources as a result of low level of education and economic problems such us poverty and high unemployment are that main causes of human trafficking in East Nusa Tenggara Province. To overcame this, it is necessary to have concrete solutions like preventive action, empowerment, and improvement of the labor system.


Politics ◽  
2020 ◽  
pp. 026339572096240
Author(s):  
Nick Turnbull ◽  
Rose Broad

Rhetoric is a way to explain policy problem framing by recognising the practical necessity to persuade audiences in contextual situations. Modern slavery and human trafficking is a complex and emotive problem, simplified through rhetorical demands to motivate an audience of supporters. This article analyses rhetoric by 212 UK anti-trafficking and anti-slavery non-government organisations (NGOs) to uncover rhetorical practices and their effects on policy framing, supplemented by archival research to compare past and present anti-slavery oratory. Our data show NGOs use rhetoric to motivate supporters and promote a humanitarian problem frame, in opposition to a state-driven security frame. Findings confirm other research in identifying an emphasis on female victims and on sexual over labour exploitation. Past and present rhetoric are equivalent in terms of liberal, Christian values (ethos) and appeals to pathos through sympathy for victims. Historical rhetoric is distinctive in arguing for the equal human status of slaves, whereas contemporary activists argue victims are denied agency. Contemporary rhetoric represses the question of migration, whereas past rhetoric is more deliberative. Rhetoric varies with the requirements of persuasion related to contextual distance, between unlike humans in the past, but in regard to geographical distance today.


2021 ◽  
Author(s):  
Amy Weatherburn

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.


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