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Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.
Modern slavery, in the form of labour exploitation, domestic servitude, sexual trafficking, child labour and cannabis farming, is still growing in the UK and industrialised countries, despite the introduction of laws to try to stem it. This hugely topical book, by a team of high-profile activists and expert writers, is the first to critically assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice. It argues that, contrary to its claims to be ‘world-leading’, the Modern Slavery Act is inconsistent, inadequate and punitive; and that the UK government, through its labour market and immigration policies, is actually creating the conditions for slavery to be promoted.
Law and practice involving modern slavery and human trafficking has been fast developing and has affected a wide range of topics informed by many different disciplines. The second edition provides an updated distillation of the law and issues relevant to practice surrounding human trafficking and modern slavery. It focusses on areas which have become of critical importance in practice such “county lines” offending, the modern slavery defence and compliance. The second edition is a manageable guide and introduction to this field, drawing on the expertise and experience of various professionals in different disciplines. Includes the following developments: - Reforms to the NRM - CPS guidance - Prosecutions under Modern Slavery Act 2015 - Important Court of Appeal (Criminal Division) judgments relating to the prosecution of victims of human trafficking, including practical guidance - Home Office guidance has been issued in relation to section 54 of the Modern Slavery Act 2015 regarding modern slavery compliance statements and corporate accountability - The recommendations of the 2019 review of the Modern Slavery Act 2015 Includes new chapters on: - International criminal court - ICC approach to forced criminality, modern slavery and child soldiers - Exploitation in conflict and terrorism. - Modern slavery compliance - section 54, human rights abuses - Child criminal exploitation/domestic trafficking
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.
Millions of people around the world are forced to work without pay and under threat of violence. These individuals can be found working in brothels, factories, mines, farm fields, restaurants, construction sites and private homes: many have been tricked by human traffickers and lured by false promises of good jobs or education, some are forced to work at gunpoint, while others are trapped by phony debts from unscrupulous moneylenders. The SAGE Handbook of Human Trafficking and Modern-Day Slavery provides a comprehensive, interdisciplinary and global look at the diverse issues surrounding human trafficking and slavery in the post-1945 environment. Covering everything from history, literature and politics to economics, international law and geography, this Handbook is essential reading for academics and researchers, as well as for policy-makers and non-governmental organisations
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.
"Human Trafficking and Modern Slavery Law and Practice is a concise, practical, guide to modern slavery and human trafficking law and procedure, in a step by step format, covering all aspects of representing victims of human trafficking and the law surrounding this. Its cross-discipline approach offers practical guidance for criminal and immigration practitioners unfamiliar with each side of these practice areas. Covers the following areas: Introduction - legal background, framework, domestic and international; Definition of a trafficking victim; Determination of status as a victim of trafficking; Criminal - non punishment etc; Criminal - victim protection etc; Immigration/International protection; Trafficking and the European Convention on Human Rights; Relevance of NRM decisions and interplay with the international protection/immigration claim/deportation etc. Covers the following legislation and case law: The Modern Slavery Act 2015 Palermo Protocol 2000 Refugee Convention on Human Rights 1951 A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be. All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues. This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies."--Bloomsbury Publishing.
Each year, more than two million children around the world fall victim to commercial sexual exploitation. The numbers of children sexually abused for non-commercial purposes are even higher. Put simply, the growing, increasingly-organized epidemic of child exploitation demands a coordinated response. The aim of this book is to bring some fresh thinking to this complicated area of the law, and to help erase some of its counterproductive mythology. The book provides the first comprehensive, practical introduction to the history and present-day reality of child sexual exploitation, as well as to the interconnected web of domestic and transnational federal laws and law enforcement efforts launched in response thereto. It is written from the distinctive perspective of those who have spent their careers in the trenches investigating, prosecuting, and adjudicating these intricate and commonly emotional cases. Relying on real-world examples, the authors offer proscriptive and descriptive practical advice and reform proposals aimed at those involved at all levels in this difficult area. Serving as a “first-line” resource for clear, practical thinking on the range of complex, and often misunderstood, investigative, prosecutorial, and rehabilitative issues surrounding child exploitation cases, this work is a must-have for anyone with interest in the protection of children from sexual exploitation and trafficking.
Trafficking in persons, particularly the trafficking of women into sexual servitude (sex trafficking) has generated much attention over the past decade. This book provides a critical examination of the international and national frameworks developed to respond to this issue - focused both on the design of policy responses and their implementation. Uniquely it brings together, and brings to life, the voices of policymakers, non-government agencies and trafficked women. The analysis is grounded in rich empirical work and research in Europe, Asia, Australia and North America. This book examines how sex trafficking has been mobilized within anti-trafficking policies across the globe and offers a close examination of the dominant international framework, drawing upon a rich and diverse set of case studies: Australia, Serbia and Thailand. This analysis draws upon over 100 interviews with trafficking 'experts' across the three nations-including policymakers, police, immigration authorities, socialworkers, lawyers, UN agencies, local and international NGOs, activists. Critically, it also draws upon the voices of women who have been trafficked.