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 PROTECTION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN INTERNATIONAL LAW AND FOREIGN STATES

2016 ◽  
pp. 0-0
Author(s):  
Олеся Сакаева ◽  
Olesya Sakaeva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Holistic Approach ◽  
Human Beings ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Gender Specific

The article deals with the tendency of establishment of human-rights-based gender-specific and child-centred approach to the preventing and combating trafficking in human beings. Comparative analysis of the norms of universal and regional international acts in the field of the combating trafficking in human beings shows that norms on the victims’ protection are primarily dispositive and the features of their implementation are left to national legislators. The role of the national referral mechanisms is emphasized because these mechanisms help to prevent illegal immigrants from posing as trafficking victims. The author hopes that humanizing tendency of contemporary international law on the whole and human-rights-based approach to the combating trafficking in human beings as its part will be growing; and holistic approach will be implemented by all countries in order to make the fight against human trafficking effective.

Human Trafficking, Human Rights and Women, Peace and Security: The Sound of Silence

2020 ◽  
pp. 189-206
Author(s):  
Gema Fernández Rodríguez de Liévana ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Beings ◽  
Gender Based Violence ◽  
Post Conflict ◽  
Human Rights Regime ◽  
Peace And Security ◽  
Women And Children ◽  
Gender Based ◽  
Human Rights Based Approach

The chapter discusses the tension that exists between three separate UN agendas, those relating to CEDAW and WPS; the fight against trafficking in human beings; and the Security Council’s broader agenda for the maintenance of international peace and security. It considers in particular how the securitisation of WPS and human trafficking by the Security Council has diluted and fragmented the discourse of women’s human rights. It argues that as a form of gender-based violence, human trafficking is subject to the human rights regime that has evolved to combat such violence and that human rights mechanisms should be engaged to hold States responsible for their failure to exercise due diligence to prevent, protect against and prosecute those responsible – in the widest sense – for human trafficking. The incidence of human trafficking (as a form of gender-based violence) in armed conflict means that it comes naturally under the auspices of the WPS agenda. The Security Council’s silence in this regard constitutes of itself a form of violence that weakens the potential of the WPS agenda to bring structural transformation in post-conflict contexts. In agreement with the Special Rapporteur on trafficking in persons, especially women and children and cognisant of some of the downsides, we argue that ‘in order to ensure more efficient anti-trafficking responses, a human rights-based approach … should be mainstreamed into all pillars of the women and peace and security agenda’. In turn this would provide a new direction for the WPS agenda.

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 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.

COMBATING TRAFFICKING IN HUMAN BEINGS: APPROACH OF THE COUNCIL OF EUROPE

2021 ◽  
Vol 65 (04) ◽  
pp. 234-236
Author(s):  
Fidan Dilqem Hajizade ◽  
Keyword(s):  
Key Words ◽  
Human Trafficking ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Forced Labor ◽  
Human Beings ◽  
Council Of Europe ◽  
Monitoring Mechanism ◽  
Trafficking In Human Beings ◽  
International Trafficking

The 2005 Council of Europe Convention on Action against Trafficking in Human Beings is open for signature not only by Member States of the Council of Europe, but also non-members of the Council of Europe. This Convention is comprehensive treaty mainly focused on the protection of victims of trafficking in human beings and ensure of their rights. It also aims at preventing human trafficking as well as prosecuting perpetrators. The provisions of this Convention are applied to all forms of trafficking: both national and international trafficking and whether or not it is related to organized crime. The Convention protects the rights of women, men and children who have been subjected to any form of exploitation (sexual exploitation, forced labor, services, etc.). Moreover, the Convention provides an independent monitoring mechanism to control the implementation of the provisions of the Convention. Key words: Convention on Action against Trafficking in Human Beings, Council of Europe, GRETA, exploitation, implementation, victims of human trafficking

scholarly journals Human trafficking as a crime against humanity

Legal Ukraine ◽  
2020 ◽  
pp. 62-70
Author(s):  
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Beings ◽  
European Court ◽  
The World ◽  
Trafficking In Human Beings ◽  
Institutional Mechanism

The article emphasizes that human trafficking is a modern form of slavery and a crime against humanity. The causes of the international crime are unresolved migration problem in the world, armed conflicts, insufficient efforts of states to combat human trafficking, inefficiency political and economic transformations in the state, corruption officials, declarative social policy and numerous other reasons. UN Office on Drug and Crime reports an increase in the number of recorded cases of human trafficking in the world. Due to the Covid-19 pandemic, states have closed their borders, but this is not the way out. After the resumption of international connections, a new wave of migration flows is expected. As a result, the level of human trafficking crime will increase. The institutional mechanism of the UN, the Council of Europe and the role International Criminal Court in the field of combating the crime of trafficking people were analyzed. The scale and effectiveness of certain international legal acts are determined. The main disadvantage is their recommendatory nature. Combating against transnational crime trafficking in human beings requires to use not only national and regional judicial system, but also international bodies. Particular attention was paid on the importance of the International Criminal Court and the European Court of Human Rights in investigating the crime of trafficking in human beings. The issue of jurisdiction of the International Criminal Court on human trafficking crimes was covered. Creating a new mechanism to combat human trafficking is not an appropriate way. We emphasized the importance of improving the work of existing institutions. Key words: crime against humanity, human trafficking, institutional mechanism, migration, International Criminal Court, Rome Statute, European Court of Human Rights.

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.

scholarly journals The Relationship Between Human Rights Violations and Human Trafficking

2016 ◽  
Vol 3 (1) ◽  
pp. 39-55
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Crime Victims ◽  
Human Rights Violations ◽  
Human Beings ◽  
Legal Nature ◽  
The World ◽  
Trafficking In Human Beings ◽  
The Relationship

Human trafficking is lucrative crime, often trans border, affecting every country in the world. In the course of this crime victims are subjected heinous experiences. Consequently the crime has been described as a grave violation of human rights. However, there are those that question the legal nature of trafficking in human beings, and whether it really is a violation of human rights. This article explores the relationship between human trafficking and human rights, and analyses what are the impacts of that relationship on State’s duties to fight the crime.

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