Practitioner's Insights – The Importance of Strategic Litigation to Fight Human Trafficking and (Labour) Exploitation

2021 ◽  
Vol 2 (2) ◽  
pp. 111-120
Author(s):  
Suzanne Hoff
Keyword(s):  
Human Trafficking ◽  
Public Awareness ◽  
Systemic Change ◽  
Legal Action ◽  
Policy Practice ◽  
Labour Exploitation ◽  
Forced Labour ◽  
High Level ◽  
Strategic Litigation

This article calls for an increased use of strategic litigation in the anti-trafficking field to ensure long-lasting systemic reforms. While generally, the prosecution of human trafficking or related severe forms of labour exploitation, like forced labour, is quite challenging and prosecutions and convictions lag seriously behind, it is argued that strategic litigation, meaning continuing legal action, aimed at achieving rights-related changes in law, policy, practice, and/or public awareness, can help to ensure that justice is delivered to victims, as several landmark cases also show. Efforts to counter human trafficking through strategic litigation by NGOs remain in their infancy, among others as they are resource-intensive and require access to experienced lawyers in high level courts. The author discusses some examples and dilemmas and identifies needs for NGOs to use strategic litigation more often as an effective tool to effectuate systemic change.

Time to Get Serious about Combating Forced Labour and Human Trafficking in Fisheries

2020 ◽  
pp. 1-26
Author(s):  
Vasco Becker-Weinberg
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Fishing Vessel ◽  
Labour Exploitation ◽  
The World ◽  
Forced Labour ◽  
Working And Living Conditions

Abstract The connection between forced labour and human trafficking and fisheries, particularly illegal, unregulated and unreported fishing, is vile and highly profitable, and may be found in most parts of the world. A fishing vessel can be a place of abuse more extreme than any other onshore. At sea, it is out of sight for long periods of time, with little or no opportunity for fishers to escape. The working and living conditions on board are often simply described as inhumane. Combating labour exploitation in fisheries raises many complex multijurisdictional challenges, most of which, if not all, could be circumvented if States were serious about addressing this phenomenon. This article examines these challenges and the relevant international legal framework, particularly the 2007 Work in Fishing Convention and the 2014 Protocol to the Forced Labour Convention, against the background of the law of the sea and international human rights law.

Introduction

2017 ◽  
Author(s):  
Sam Scott
Keyword(s):  
Criminal Justice ◽  
Human Trafficking ◽  
Data Sources ◽  
Sufficient Condition ◽  
Socially Constructed ◽  
Neoliberal Capitalism ◽  
Labour Exploitation ◽  
The Social ◽  
Workplace Abuse ◽  
Forced Labour

This chapter argues that to study problems at work in a progressive and critical manner one needs to be attentive to language and terminology. In other words, one needs to think carefully about how a problem is socially constructed, and in some cases constricted. In particular, studies of workplace abuse have tended to focus on extreme manifestations of the phenomenon (i.e. slavery, forced labour, human trafficking). This is a necessary but not a sufficient condition for protecting workers. To widen the debate, the chapter (and book) employs the language of ‘control’, ‘exploitation’ and ‘harm’ as representing the problem to be investigated. This language is inspired by insights from the ‘social harm’ literature. This literature, most notably, identifies underlying structures (especially those associated with neoliberal capitalism) as worthy of critique. Thus, the problem of labour exploitation is not only larger than many would have us believe, it also has causes that are beyond the scope of the conventional criminal justice approach. The chapter concludes by outlining the data sources used throughout, and by mapping out the book’s eight remaining chapters.

The labour exploitation continuum

2017 ◽  
Author(s):  
Sam Scott
Keyword(s):  
Human Trafficking ◽  
Child Labour ◽  
Chattel Slavery ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Forced Labour ◽  
Legal Frameworks ◽  
The Continuum

This chapter outlines the various forms of labour exploitation that exist. At the extreme end of the ‘continuum’ there is worker fatality both at work and through work. There are then extreme forms of non-fatal harm, including: chattel slavery; modern slavery; forced labour; human trafficking; and child labour. All of these extremes have criminal–legal frameworks associated with them that are designed to minimise their prevalence. Often, however, these criminal–legal frameworks are either inadequate or are not enforced, and so extreme forms of exploitation and harm go unpunished. Moreover, a great deal of exploitation and harm, as argued in the introduction, goes on above these criminal–legal baseline definitions. This book, is particularly interested in the labour exploitation continuum that includes, but is certainly not limited to, illegal employer practice.

scholarly journals The fight against the least visible form of human trafficking: trafficking for labour exploitation

2018 ◽  
pp. 115-135
Author(s):  
Luz María Puente Aba
Keyword(s):  
Human Trafficking ◽  
Labour Exploitation ◽  
First Finding ◽  
Accurate Definition ◽  
The Difference ◽  
Forced Labour ◽  
The One ◽  
Definition Of

The least visible of human trafficking is the one that is carried out for labour exploitation purposes. The aim here is to focus on two different needs: first, finding an accurate definition of forced labour, that encompass controversial questions, such as the meaning of clauses as “coercion” and “abuse of a position of vulnerability”, and the difference between human trafficking for the purpose of labour exploitation and forced labour; and second, identifying causes of human trafficking for labour exploitation. The article tries to put forward proposals regarding the best way of making these phenomena more visible and effectively combating them.

scholarly journals Securing the Prohibition of Labour Exploitation in Law and Practice: Slavery, Servitude, Forced Labour and Human Trafficking in Italy, Spain and the UK

2018 ◽  
Vol 4 (2) ◽  
pp. 20-46
Author(s):  
Paola Cavanna ◽  
Ana Belén Valverde Cano ◽  
Amy Weatherburn
Keyword(s):  
Comparative Analysis ◽  
Human Trafficking ◽  
European Law ◽  
Labour Exploitation ◽  
Legal Obligations ◽  
Forced Labour ◽  
Legal Frameworks ◽  
The Uk ◽  
Global Agenda

The fight against contemporary forms of slavery is a top priority in the current global agenda. This article reviews and assesses the domestic diversity of labour exploitation regulation. In part 1, the article reviews the concept of labour exploitation in international and European law, whilst part 2 provides an overview of three legal frameworks - Italy, Spain and the UK. A comparative analysis considers the extent to which these countries implement international legal obligations both in law and practice. Finally, the article seeks to promote cross-fertilisation of experiences and dialogue among legal practitioners, both domestically and between different countries.

scholarly journals Forced labour in supply chains: Rolling back the debate on gender, migration and sexual commerce

2021 ◽  
pp. 135050682110207
Author(s):  
Rutvica Andrijasevic
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Sex Work ◽  
Social Reproduction ◽  
The Other ◽  
Law And Policy ◽  
Labour Exploitation ◽  
Separate Treatment ◽  
Forced Labour ◽  
Sexual Commerce

This article makes a conceptual contribution to the broader literature on unfree labour by challenging the separate treatment of sexual and industrial labour exploitation both by researchers and in law and policy. This article argues that the prevailing focus of the supply chain literature on industrial labour has inadvertently posited sexual labour as the ‘other’ of industrial labour thus obfuscating how the legal blurring of boundaries between industrial and service labour is engendering new modalities of the erosion of workers’ rights that are increasingly resembling those typical of sex work. This article advances the debate on unfree labour both conceptually and empirically. Conceptually, it highlights the relevance of social reproduction in understanding forms of labour unfreedom. Empirically, it demonstrates the similarities in forms of control and exploitation between sex work and industrial work by illustrating how debt and housing operate in both settings.

scholarly journals Bringing the problem home: The anti-slavery and anti-trafficking rhetoric of UK non-government organisations

Politics ◽  
2020 ◽  
pp. 026339572096240
Author(s):  
Nick Turnbull ◽  
Rose Broad
Keyword(s):  
Human Trafficking ◽  
Policy Framing ◽  
Female Victims ◽  
Policy Problem ◽  
The Past ◽  
Problem Framing ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Problem Frame ◽  
Historical Rhetoric

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.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

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.

scholarly journals The International School of Crystallography: an example of continuing education

2014 ◽  
Vol 70 (a1) ◽  
pp. C1274-C1274
Author(s):  
Annalisa Guerri ◽  
Giovanna Scapin ◽  
Paola Spadon
Keyword(s):  
Interpersonal Relationships ◽  
Public Awareness ◽  
International School ◽  
Theoretical Background ◽  
Great Success ◽  
Practical Applications ◽  
Local Staff ◽  
School Teaching ◽  
Traditional Lectures ◽  
High Level

2014 has been declared by UNESCO the International Year of Crystallography. Following the declaration, many initiatives have flourished with the intent of spreading the science and culture of crystallography, since among the major objectives of the IYCr2014 are increase of public awareness on the science of crystallography, promotion of education and research in all fields of crystallography and fostering of international collaborations. The International School of Crystallography is an internationally recognized meeting that was started in 1974 by Prof. Riva di Sanseverino, with the similar goals of promoting high level crystallographic education, scientific exchanges and collaborations. In 2014 the school celebrates its 40th year of activity. During these forty years, courses have been held on many different topics addressing all aspects of crystallography, from crystal growth theory to practical applications in drug discovery to the use of cutting edge technologies; students and teachers have been brought together in an environment that fostered high level scientific discussions as well as unique interpersonal relationships. Many of the students moved on to become well known personality in the crystallographic community, while retaining collaborations and friendships started during the School. Through these years the School teaching methods have also evolved, taking advantage of the fast technological progress of the past 10 years or so. The School offers both traditional lectures and practical computer-based workshops, to guarantee the students not only a theoretical background, but also hands-on experiences on applied crystallography. The dedication of the organizers and lecturers, the unconditioned support of the local staff, and the unique location of the School have made it a great success and a very popular meeting for generations of crystallographers.

scholarly journals Community Perspective on Environmental Pollution in the Citarum River, Karawang-West Java

2021 ◽  
Vol 56 (3) ◽  
pp. 419-424
Author(s):  
Muhammad Sholeh ◽  
Pranoto ◽  
Sri Budiastuti ◽  
Sutarno
Keyword(s):  
Community Participation ◽  
Public Perception ◽  
Skin Diseases ◽  
Respiratory Infections ◽  
Public Awareness ◽  
River Pollution ◽  
Public Perceptions ◽  
Environmental Conservation ◽  
The People ◽  
High Level

The use of polluted Citarum River water can cause various diseases, including diarrhea, skin diseases, respiratory infections, etc. This study examines the causes of Citarum River pollution in terms of how residents care about environmental conservation aspects of the Citarum River. The researchers used qualitative methods using questionnaires to explore public perceptions. This method explores four perceptions covering four main aspects: public perception, community participation, socio-economic community, and sanitation waste aspects. Questionnaire analysis with a bivariate statistical test approach and Cronbach's alpha test has the advantage of being able to clearly describe the updated condition of the Citarum River because the data can be justified. After all, it has a high level of confidence of around 95 percent. The results showed that in terms of public perception of the Citarum River, 68% were good, while in terms of community participation in preserving the Citarum River, 26% of the people also participated well, and 32% participated moderately in the maintenance of the Citarum River. As many as 42% of the community consisting of 27% less participate and 15% do not participate. The results of the questionnaire Socio-economy of the Citarum River community are classified as having a fairly good economic condition 59% and a moderate category 41%. The waste and sanitation questionnaire results showed that public awareness about waste and sanitation was also high. 45% percent of the community has a good awareness of the environment around the Citarum River, and 38% have sufficient awareness.

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