At the Crossroads: Evidential Challenges in the Investigation and Prosecution of Trafficking in Persons for Sexual Exploitation and Sexual Violence in Situations of Conflict

2019 ◽  
Vol 3 (1) ◽  
pp. 121-146
Author(s):  
Aimée Comrie
Keyword(s):  
Sexual Violence ◽  
Sexual Exploitation ◽  
Trafficking In Persons

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

scholarly journals AT v Dulghieru: Accounting for the Profits of Sex Trafficking

2009 ◽  
Vol 40 (4) ◽  
pp. 695
Author(s):  
Anne O'Driscoll
Keyword(s):  
Criminal Law ◽  
Sex Trafficking ◽  
International Crime ◽  
Sexual Exploitation ◽  
The State ◽  
Trafficking In Persons ◽  
High Court ◽  
Unjust Enrichment ◽  
Civil Remedies

This article explores the remedies available to victims of the international crime of trafficking in persons for sexual exploitation. In the 2009 case of AT v Dulghieru (Dulghieru), the English High Court awarded the victims of an unlawful conspiracy to traffic general, aggravated and exemplary damages. Treacy J based the exemplary award on the rationale of preventing unjust enrichment. The appropriateness of the finding of unlawful means conspiracy is considered, as are each of the damages awards. This article concludes that the prevention of unjust enrichment is an inappropriate basis for an award of exemplary damages, and argues that the better approach would be to strip a defendant's gains by the equitable remedy of account of profit. The overlap of civil remedies and the criminal law is also addressed. It is proposed that an account of profit should take priority over any criminal confiscation order as the victims have a greater entitlement to the profits than the State does.

scholarly journals Rethinking Global Governance: The replication of “joined-up government” on the global scale in the prevention and combatting of trafficking in women for the purposes of sexual exploitation

2021 ◽  
Author(s):  
◽  
Luke Hilton
Keyword(s):  
Global Governance ◽  
Sexual Exploitation ◽  
Global Scale ◽  
Trafficking In Persons ◽  
Trafficking In Women ◽  
Global Coordination

<p>The paper discusses the Blair Administration’s policy of “joined-up government” beginning in Britain in 1997. The paper then moves to the international sphere to discuss various anti-slavery instruments focusing on the trafficking in women for the purposes of sexual exploitation. The paper identifies global coordination efforts to prevent and combat trafficking in persons. In particular, the establishment of the Inter-Agency Coordination Group Against Trafficking in Persons in 2007 provides a prime example of such efforts. The paper then describes how the policy of joined-up government has been replicated the global scale. The paper names this phenomenon “globally joined-up governance”.</p>

Characteristics and Impacts of Sexual Violence Against Men and Boys in Conflict and Displacement: A Multicountry Exploratory Study

2020 ◽  
pp. 088626052096713
Author(s):  
Sarah K. Chynoweth ◽  
Dale Buscher ◽  
Sarah Martin ◽  
Anthony B. Zwi
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Sexual Violence ◽  
Exploratory Study ◽  
Sexual Exploitation ◽  
South Sudan ◽  
Border Crossings ◽  
Host Countries ◽  
Republic Of The Congo ◽  
And Gender

Evidence of sexual violence against men and boys in many conflict-affected settings is increasingly recognized. Yet relatively little is currently known about the varied forms, sites, and impacts of this violence. Further, scant research on sexual violence against men and boys in displacement contexts has been undertaken to date. To begin to address these knowledge gaps, we undertook a multicountry, qualitative, exploratory study to gain insights into these issues. Study settings and populations were Rohingya refugees in Bangladesh; refugees and migrants who had traveled through Libya residing in Italy; and refugees from eastern Democratic Republic of the Congo (DRC), Somalia, and South Sudan residing in Nairobi and Mombasa, Kenya. Methods included 55 semi-structured focus group discussions with 310 refugees and semi-structured key informant interviews with 148 aid workers and human rights experts. Data were thematically analyzed using NVivo 12. Findings suggest that sexual violence against men and boys may not be rare in Myanmar (northern Rakhine state), Libya, eastern DRC, and South Sudan. Frequently reported forms of violence in these settings were genital violence, forced witnessing of sexual violence, and rape. Sites where violence was often reported included border crossings, along the roadside, and during imprisonment. In host countries, forms of sexual violence included sexual abuse of boys, sexual exploitation particularly of adolescents and persons with diverse sexual orientation and gender identity, and rape. Impacts on survivors involved short- and long-term physical, mental, economic, and familial dimensions. These findings aim to inform sexual violence-related prevention, mitigation, and response efforts in humanitarian settings. More research is warranted, including on sexual violence against men and boys in Somalia, sexual violence by family and community members in conflict and displacement settings, sexual exploitation of adolescent boys, and sexual violence including sexual exploitation of persons with diverse sexual orientation and gender identity.

scholarly journals Sexual Abuse and Exploitation at the Hands of Peacekeepers

2016 ◽  
Vol 7 ◽  
pp. 6-15
Author(s):  
Kristina Proulx
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Paradigm Shift ◽  
Sexual Exploitation ◽  
Human Security ◽  
Global Politics ◽  
Complex Environments ◽  
Peacekeeping Operations ◽  
Post Conflict ◽  
Legitimacy Crisis

Whereas much of the existing scholarship focuses on the implications of sexual violence in conflict and post-conflict reconstruction as a tool of war, this paper instead seeks to explore the implications of sexual exploitation and abuse at the hands of peacekeepers. As allegations of sexual violence by peacekeepers have continued to persist, these reports identify a potential legitimacy crisis not only for peacekeeping operations and the United Nations, but of the evolving concept of human security. Constituting a paradigm shift of sorts, the streamlining of the concept of ‘human security’ has visibly begun to influence and change global politics and institutions. This paper explores these additional considerations while identifying two specific challenges to addressing the problem, specifically militarized masculinity and the fragile and complex environments in which peacekeeping operations operate in.

scholarly journals Some aspects of combating human trafficking

2016 ◽  
Vol 3 (3) ◽  
pp. 184-188
Author(s):  
O S Guzeeva
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
Criminal Code ◽  
Tissue Transplantation ◽  
Forced Labor ◽  
Armed Groups ◽  
Trafficking In Persons

Difficulties combating human trafficking due not only to the transnational character and widespread proliferation of new forms of trafficking in persons (in addition to sexual exploitation): forced labor, begging, forced surrogacy, organ and tissue transplantation, forced adoption / adoption, use in armed groups, but also the difficulties qualification of crimes under Art. 127.1 of the Criminal Code

scholarly journals Analysis of the performance of public policies in Brazil to cope with sexual violence against children and adolescents

2021 ◽  
Author(s):  
Andréa de Araújo costa
Keyword(s):  
Sexual Violence ◽  
Children And Adolescents ◽  
Youth Violence ◽  
Public Policies ◽  
Sexual Exploitation ◽  
The State ◽  
National Council ◽  
National Plan ◽  
Violence Against Children ◽  
Brazilian State

This article presents an analysis of the confrontation of the State to act against sexual violence against children and adolescents, with a common name to the terms children and adolescents, with the objective of discussing public policies. Efforts are concentrated on the legal and regulatory aspects for sustainability and implementation of public policy programs in the Brazilian state. Initially, consideration was given to the definitions and concepts of public policies based on the main doctrines and researchers on the topic, such as Wildasky (1979); Maria Paula Bucci (2006), guidelines for making political decisions are added in the structuring and formulation of concrete actions, as indicated by Enrique Saraiva (2006). Then, it dialogues with the list of the main public policies arising from the action of the Brazilian state, listing the main ones: Statute of the Child and Adolescent (ECA) through Law No. 8,069 of July 13, 1990; the creation of the National Council for the Rights of Children and Adolescents (CONANDA) in 2000, among other programs in the following years, including the National Plan to Combat Child and Youth Violence (PNEVSCA), the Integrated Actions Program and References for Confronting Child and Youth Violence in the Brazilian Territory (PAIR) and the Sentinela Program, which constituted a set of social assistance measures to assist children and adolescents who are victims of sexual exploitation. In addition, it discussed the international conventions adopted by the United Nations (UN) for the rights of children and adolescents, as well as considerations about the indicators of sexual violence against them. Finally, it was concluded that the National Plan to Combat Violence against Children and Adolescents in the Brazilian case was important as a policy outlined and implemented in its different phases as a cycle of public policies, and that despite the progress, the current perspectives are outlined by the state as incipient and without the necessary resources as required. In this sense, the state’s policy focuses precisely on responding to various situations of violence in the context of social vulnerability.

Prosecuting the Nexus between Terrorism, Conflict-related Sexual Violence and Trafficking in Human Beings before National Legal Mechanisms

2020 ◽  
Vol 18 (2) ◽  
pp. 499-516
Author(s):  
Anne-Marie de Brouwer ◽  
Eefje de Volder ◽  
Christophe Paulussen
Keyword(s):  
Sexual Violence ◽  
Sexual Exploitation ◽  
Criminal Prosecution ◽  
Human Beings ◽  
Gender Based Violence ◽  
Financial Flows ◽  
Strategic Objectives ◽  
Terrorist Groups ◽  
Gender Based ◽  
And Gender

Abstract United Nations (UN) Security Council Resolution 2331 (2016) recognizes that ‘acts of sexual and gender-based violence, including when associated to trafficking in persons, are known to be part of the strategic objectives and ideology of certain terrorist groups, used as a tactic of terrorism and an instrument to increase their finances and their power through recruitment and the destruction of communities’. In the same resolution, the Council noted that such trafficking, particularly of women and girls, ‘remains a critical component of the financial flows to certain terrorist groups’ and is ‘used by these groups as a driver for recruitment’. Boko Haram and Al-Shabaab are among the main terrorist groups that have used human trafficking (including for sexual exploitation) and conflict-related sexual violence as tactics of terrorism, or ‘sexual terrorism’. This article will: (i) explain the nexus between these three crimes; (ii) focus on its different manifestations in the context of these terrorist organizations; and (iii) reflect on the possibilities for national criminal prosecution. To assist in the fight against impunity and increase accountability, this article provides suggestions to facilitate the successful prosecution of sexual terrorism in a more survivor-centric way.

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