International Legal Instruments in Responding to Human Trafficking (original) (raw)
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Caderno de Relações Internacionais
The trafficking in persons is a problem that directly affects the freedom and dignity of human beings. The globalization and transnationality inherent in this type of crime aggravates this problem and its suppression becomes more difficult. This paper aims to answer whether international human rights treaties can contribute effectively to combat this crime. Firstly, the basic concepts of globalization and trafficking in persons are presented, followed by forms of creating international treaties with their impact on public policies. Finally, an analysis of these policies in the light of the Supplementing Protocol to the United Nations Convention against Transnational Organized Crime on the Prevention, Suppression and Punishment of Trafficking in Persons, especially Women and Children, with a consequent survey of the international treaties on the subject is made. The method used was the exploratory descriptive. It was concluded that trafficking in persons is a complex phenomenon and i...
PROSPECTION OF INTERNATIONAL HUMAN TRAFFICKING; PERSPECTIVE OF INTERNATIONAL LAW IN THE LEGAL AND SOCIAL CONTEXT (Atena Editora), 2023
Currently, the world is experiencing a huge lack of interest – coexistence with human trafficking will become the main form of human trafficking, in addition to other forms that continue to increase more and more. The important thing is to decipher what human trafficking means and what its definition is in a general context. Human trafficking is perpetrated by actors with different levels of sophistication within their organizational structures. Due to its vastness and intricacy, this form of trafficking is the result of an association of different social, economic and political aspects that involve not only the situation of countries in general, but also the individual himself in the social context.
A short analysis of the international legal and normative framework for human trafficking
Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New World. However, according to official estimates there are currently around 21 million people enslaved in some way or another. Consequently, there are at present more enslaved people than at any other point in history. Many of these people are caught in a web of human trafficking reminiscent of an archaic and uncivilized world from humanities history. Even though, or probably even because, 20th century Neoliberalism promised us unlimited wealth by means of globalization the reality of the present now paints the totally different picture. One of inequality within and among nations in which consumerism has turned even human beings into a tradable good. The first part of this essay will describe what human trafficking is by determining the definition given by international law. In the second part the current international legal and normative framework will be set out and the problems the approach this framework stands for will be analyzed. The third part of this essay will strive to make clear how the effects of globalization are the main roots of human trafficking and thus an effective strategy combating the problem has to take a holistic approach with human rights considerations at its core. Finally, the fourth part of this essay will deal with the question of both the legal and moral responsibility States have in combating the problem of human trafficking. On the whole, the main argument of this essay will be that the current international legal and normative framework does not adequately combat the issue of human trafficking because it marginalizes the human rights aspect. Furthermore, it will argue that States have a legal and moral obligation to create a more holistic framework and combat the violations of a victim of human trafficking human rights, by the denial of that person’s freedom, in a more effective manner.
International Human Trafficking Law
This essay will focus on International Human Trafficking Law and will discuss and critically evaluate four elements. Section one will cover the historical development of international human trafficking law. Section two will focus on the legal models employed in the European Convention on Action against Trafficking in Human Beings [2005] . Section three will take a look at the European Court of Human Rights’ (ECHR) approach to international human trafficking in Ranstev V. Cyprus and Russia [2010] . Section four will contain a discussion of proposed amendments to improve the European Convention on Action against Trafficking Human Beings [2005] .
As opposed to the traditional law enforcement and immigration control perspective, the «human rights-based approach» (HRBA) to human trafficking puts the rights of trafficked persons at the centre of anti-trafficking strategies. What does this approach effectively mean and require? Is it sufficiently reflected in the current international law regime? Do international judicial and non-judicial bodies effectively contribute to its development? After identifying the constitutive elements of this approach as initially developed within the UN in the context of development cooperation and then applied to trafficking, this book examines whether the HRBA is properly reflected in the key elements of the victim protection regime: identification, protection, assistance, right to remain and repatriation. It provides a detailed analysis of the extent to which international instruments and international bodies’ pronouncements truly integrate this approach. The author highlights the good practices but also the existing dysfunctions in universal and regional instruments and case law and in States’ practice, which often result not only in the lack of adequate protection for victims, but also in the ineffectiveness of anti-trafficking policies. She also highlights the major contributions of a HRBA, which include how this approach broadens and clarifies the scope States’ obligations in this area, and its key role as a cross cutting paradigm of international law that contributes to the convergence of separate international law regimes.
Chapter 30. Human Trafficking: Is the Law of the Western Societies Effective or Not?
The Migration Conference 2017 Proceedings, 2017
The human trafficking is widely thought to be the modern form of slavery. It started before many years and still exists. Nowadays a great number of people, especially women and children, are trafficked, mainly from poor to developed states, in order to be exploited either for sex or for labor. The Western societies, including the international organizations and institutions, have taken measures, as they have tried to eliminate it. The most characteristic attempt is the Palermo Protocol. However, the legislation has been proved ineffective, therefore the states in collaboration with the organizations should realize the basic dimensions of this phenomenon and legislate based on them.
Human trafficking, a neo-slave trade, is a common menace in South Asia. It means the illegal transfer of one person from one place to another place. Thousands of people have been subjected to cross-border trafficking over the years from less developed countries, mostly from Bangladesh and Myanmar, to comparatively developed countries like Indonesia, Thailand, and Malaysia by sea. Many of them died en-route due to starvation and torture. Many died in high sea being evicted by the coast guards from the territorial zones of the countries where the boats, carrying the victims of human trafficking, are destined to. Thousands are also trafficked to India, Pakistan and the countries of Middle-East. The victims are being subjected to sexual slavery, prostitution and forced labour. There seems to be some conflicts between the strict enforcement of the laws on prevention of unlawful entry by the foreigners in the countries where they are being illegally transferred and eviction of them therefrom and the international laws relating to upholding and protecting the human rights of every human being on earth. The human rights law have universal application. Almost all the member states of the United Nations that adopted Universal Declaration of Human Rights, 1948 and other human rights instrument like the ICCPR are promise-bound to protect some human rights of every human being irrespective of colour, race, sex, nationality and place of birth. This paper tries to understand the causes of alarming growth of human trafficking in this region. The study analyses the international conventions, regional conventions, and the domestic laws of the countries that deal with human trafficking. The study will discuss the duties of the concerned states under the international laws to protect the human rights of the victims of human trafficking especially the right to life and the right not be compelled to do any force labour.
Lex Scientia Law Review, 2020
Human trafficking is a form of transnational crime. One of the cases that occurred in 2019 was the torture of one of the Female Workers even being made a sexual gratification is one proof of the cruelty of human trafficking. Several Conventions have been held to prevent human trafficking. The UN in 2000 issued the Palermo Protocol on Preventing, Eradicating and Punishing Trafficking in Persons. The perpetrators of human trafficking have violated human rights because of exploitation. The Government of Indonesia issued The Act Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons as an action to prevent trafficking in persons. Efforts to protect victims are also carried out by protecting, helping to resolve victims' problems and repatriating victims.
The Development of Trafficking as a Form of Human Rights Violations
Proceedings of the Social and Humaniora Research Symposium (SoRes 2018), 2019
Human Trafficking is a form of exploitation of human dignity. Therefore, the trafficking can be categorized as a serious crime, a human rights disorder that develops in the world. Indonesia is a country that is vulnerable to Human Trafficking, because besides being a country of origin it is also a transit country and destination country. The research objective is to find out and examine the development of the practice of criminal acts of human trafficking, as one of the forms of crimes against human. With the normative juridical approach, the analytical descriptive nature based on secondary data is carried out in a qualitative analysis from the general to the special. Modus operandi Human Trafficking is carried out starting from the conventional recruitment victims of sending domestic and foreign workers, illegal adoption, infant abduction, noncommercial sexual exploitation of children, and sexual violence. Efforts must be made by the government, in addition to facilitate cooperation with various countries, law enforcement is firm and just by paying attention to the root causes, both legal, social aspects and culture.