The International Law of Human Trafficking


Book Description

Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.




Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery


Book Description

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.




Trafficking Justice


Book Description

In response to a growing human trafficking problem and domestic and international pressure, human trafficking and the use of slave labor were first criminalized in Russia in 2003. In Trafficking Justice, Lauren A. McCarthy explains why Russian police, prosecutors, and judges have largely ignored this new weapon in their legal arsenal, despite the fact that the law was intended to make it easier to pursue trafficking cases.Using a combination of interview data, participant observation, and an original dataset of more than 5,500 Russian news media articles on human trafficking cases, McCarthy explores how trafficking cases make their way through the criminal justice system, covering multiple forms of the crime—sexual, labor, and child trafficking—over the period 2003–2013. She argues that to understand how law enforcement agencies have dealt with trafficking, it is critical to understand how their "institutional machinery"—the incentives, culture, and structure of their organizations—channels decision-making on human trafficking cases toward a familiar set of routines and practices and away from using the new law. As a result, law enforcement often chooses to charge and prosecute traffickers with related crimes, such as kidnapping or recruitment into prostitution, rather than under the 2003 trafficking law because these other charges are more familiar and easier to bring to a successful resolution. In other words, after ten years of practice, Russian law enforcement has settled on a policy of prosecuting traffickers, not trafficking.




Human Trafficking and Slavery Reconsidered


Book Description

An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.




Preventing Child Trafficking


Book Description

How can a public health approach advance efforts to prevent, identify, and respond to child trafficking? Child trafficking is widely recognized as one of the critical issues of our day, prompting calls to action at the global, national, and local levels. Yet it is unclear whether the strategies and tools used to counter this exploitation—most of which involve law enforcement and social services—have actually reduced the prevalence of trafficking. In Preventing Child Trafficking, Jonathan Todres and Angela Diaz explore how the public health field can play a comprehensive, integrated role in preventing, identifying, and responding to child trafficking. Describing the depth and breadth of trafficking's impact on children while exploring the limitations in current responses, Todres and Diaz argue that public health frameworks offer important insights into the problem, with detailed chapters on how professionals and organizations can identify and respond effectively to at-risk and trafficked children. Drawing on the authors' years of experience working on this issue—Diaz is a doctor at a frontline medical center serving at-risk youth, victims, and survivors; Todres is a legal expert on legislative and policy initiatives to address child trafficking—the book maps out a public health approach to child trafficking, the role of the health care sector, and the prospects for building a comprehensive response. Providing readers with advice geared toward better understanding trafficking's root causes, this revelatory book concludes by mapping out a "public health toolkit" that can be used by anyone who is interested in preventing child trafficking, from policymakers to professionals who work with children.




Human Trafficking Under International and Tanzanian Law


Book Description

This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universität zu Berlin in Berlin, Germany.




Responding to Human Trafficking


Book Description

Signed into law in 2000, the Trafficking Victims Protection Act (TVPA) defined the crime of human trafficking and brought attention to an issue previously unknown to most Americans. But while human trafficking is widely considered a serious and despicable crime, there has been far less consensus as to how to approach the problem—owing in part to a pervasive emphasis on forced prostitution that overshadows repugnant practices in other labor sectors affecting vulnerable populations. Responding to Human Trafficking examines the ways in which cultural perceptions of sexual exploitation and victimhood inform the drafting, interpretation, and implementation of U.S. antitrafficking law, as well as the law's effects on trafficking victims. Drawing from interviews with social workers and case managers, attorneys, investigators, and government administrators as well as trafficked persons, Alicia W. Peters explores how cultural and symbolic frameworks regarding sex, gender, and victimization were incorporated into the drafting of the TVPA and have been replicated through the interpretation and implementation of the law. Tracing the path of the TVPA over the course of nearly a decade, Responding to Human Trafficking reveals the profound gaps in understanding that pervade implementation as service providers and criminal justice authorities strive to collaborate and perform their duties. Ultimately, this sensitive ethnography sheds light on the complex and wide-ranging effects of the TVPA on the victims it was designed to protect.




Defining Human Trafficking and Identifying Its Victims


Book Description

Trafficking in human beings has become a major international concern in the last two decades. Trafficking has been subjected to intense political debate and ambitious legal regulation on international, regional and national levels. Although much has been done to eradicate trafficking and to protect the victims, an increasing number of critical voices are emerging: the efforts to deal with human trafficking have proved to be more ineffective than anticipated. This book seeks explanations to why anti-trafficking strategies and activities appear to be so futile, and what should be done better for them to achieve their goals with more success. Besides the academic audience, this study is written for legal practitioners, who might come across human trafficking in their work.




Trafficking in Human Beings


Book Description

This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.