scholarly journals PECULIARITIES OF LEGAL RELATIONS IN THE FIELD OF INTERNATIONAL COOPERATION AGAINST MIGRANT SMUGGLING AND HUMAN TRAFFICKING

2021 ◽  
pp. 243-248
Author(s):  
Iryna Legan
2021 ◽  
Vol 3 (4) ◽  
pp. 109-117
Author(s):  
Eugenio Zaniboni

Abstract The adoption of international coordination measures to spread the use of ‘special investigative techniques’ to combat organised crime effectively is encouraged by Article 20 of the UNTOC. This article discusses, firstly, the main features of ‘undercover operations’ involving, or taking place in, more than one State. It then examines the Italian implementation legal framework, as amended by a new law passed in 2019, seeking to establish whether and to what extent Italy is complying with its international commitments in this field.


2015 ◽  
Vol 4 (1) ◽  
pp. 1-32
Author(s):  
Marika McAdam

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.


2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.


2012 ◽  
Vol 20 (1) ◽  
pp. 39-64 ◽  
Author(s):  
Gönül Oğuz

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.


2017 ◽  
Vol 4 (2) ◽  
pp. 149
Author(s):  
Anis Mashdurohatun ◽  
Wa Ode Khatija Rasia

 The purpose of this study is to examine and analyze f actor Factors affecting the legal protection of children as victims of human trafficking and formulating legal protection based on values of justice.Method The approach used in this study is normative, where the source data comes from secondary data, which consists of primary legal materials, secondary and tertiary. The results found that thefactors that most influence the occurrence of the crime of trafficking of children is a factor of economic and cultural factors. P potential protective laws against child as a victim of human trafficking based on values of justice, in a preventive form a variety of legislation, cooperation and coordination between state agencies, international cooperation and conduct socialization to the public about the dangers of human trafficking crimes. And repressively impose sanctions that are oriented to the victim.


2017 ◽  
Vol 5 (2) ◽  
pp. 69-80 ◽  
Author(s):  
Matilde Ventrella

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.


Author(s):  
Khalid Koser

‘Irregular migration’ explores migration outside of established legal means. There are many ways for a migrant to be classed as irregular, but their motivations for leaving are the same as other migrants. Irregular migration is often seen as a threat to host nation sovereignty and, as a result, migrants are often subjected to stereotyping and xenophobia. Migrants—particularly women and children—face great hazards in simply entering the country. A multi-billion dollar industry has developed around the desire of people to move despite legal restrictions, in the form of human trafficking and migrant smuggling. These phenomena occur in all regions, and incur massive costs—and dangers—to irregular migrants.


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