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This books demonstrates the difficulty of protecting victims of human trafficking from being held liable for crimes they were compelled to commit in the course, or as a consequence, of being trafficked, under current European law. The legislation remains vague and potentially inadequate to recognise victimhood, safeguard the human rights of victims, and avoid further victimisation. Wiliamson explains how the non-liability principle is rooted in criminal and human rights law, and proposes a more efficient provision and framework which would protect trafficked persons, and do better to encourage victims to act as witnesses in criminal proceedings against the perpetrators. In doing so the book will provide relevant stakeholders, including policy makers and law enforcement authorities, with a better understanding of the non-liability principle and how it ought to be used in practice.--
This books demonstrates the difficulty of protecting victims of human trafficking from being held liable for crimes they were compelled to commit in the course, or as a consequence, of being trafficked, under current European law. The legislation remains vague and potentially inadequate to recognise victimhood, safeguard the human rights of victims, and avoid further victimisation. Muraszkiewicz explains how the non-liability principle is rooted in criminal and human rights law, and proposes a more efficient provision and framework which would protect trafficked persons, and do better to encourage victims to act as witnesses in criminal proceedings against the perpetrators. In doing so the book will provide relevant stakeholders, including policy makers and law enforcement authorities, with a better understanding of the non-liability principle and how it ought to be used in practice.
"This study examines protection mechanisms for victims of human trafficking as these mechanisms have developed in five countries. Victim protection covers legal recognition of the victim as such and support and assistance to trafficked persons. The first three countries examined ... are Belgium, the Netherlands, and Italy. These three countries were selected on the basis of having established laws and highly developed systems for protecting trafficking victims. Along with the United States, the three are generally regarded as being in the forefront of victim protection. The fourth country examined, the Commonwealth of Australia, serves as an example of an advanced country that is a latecomer to the task of developing suitable laws and protection mechanism, but that is striving now to bring its laws and policies into harmony with international "best practice." Canada provides a case of a country that was in the forefront of the original international push to address trafficking, but that itself has proven uneven in the development of protection mechanisms. This study considers each country's criminal and immigration legislation pertinent to human trafficking, institutional arrangements for implementing the countries' policies, and specific kinds of assistance and support offered to victims."--Preface.
Contents: (1) Challenges in Combating Trafficking in Persons (TIP); Traffickers and Their Victims; (2) U.S. Funding for Global Anti-Trafficking Programs; (3) The 2009 TIP Report; (4) U.N. Protocol to Prevent, Suppress, and Punish TIP; Other Relevant Internat. Agree.; Anti-Trafficking Programs; (5) Estimates of TIP into the U.S.; Response to Trafficking within the U.S.; Immigration Relief for Trafficking Victims; Aid Available to Victims of Trafficking in the U.S.; Domestic Investigations of Trafficking Offenses; (7) Credibility of TIP Rankings; Sanctions: A Useful Tool?; Forced Labor; Debates Regarding Prostitution and Sex Trafficking; Measuring the Effectiveness of Global Anti-TIP Programs; Immigration Relief for Trafficking Victims. Illustrations.
In the light of the urgent need for cooperative and collaborative action against trafficking, this publication presents examples of promising practice from around the world relating to trafficking interventions. It is hoped that the guidance offered, the practices showcased and the resources recommended in this Toolkit will inspire and assist policymakers, law enforcers, judges, prosecutors, victim service providers and members of civil society in playing their role in the global effort against trafficking in persons. The present edition is an updated and expanded version of the Toolkit published in 2006.
Sex Trafficking: A Private Law Response examines existing and potential causes of action against sex traffickers, clients and the state and argues for fair and effective private law remedies. Combining a theoretical inquiry about the borders of liability in torts and restitution with a political commitment to protecting the interests of victims of sex trafficking, this book offers a comparative doctrinal and socio-legal analysis of private law remedies, their justification, and their effectiveness. Tsachi Keren-Paz innovatively and convincingly makes the argument that all those directly involved in breaching the rights of victims of sex trafficking should compensate them for their losses, and make restitution of the profits made at their expense. Sex Trafficking: A Private Law Response will be invaluable to both academics and practitioners concerned with prostitution, modern slavery and trafficking, and those interested in private law theory and practice.
This book explores the significance of efforts designed to combat sex trafficking in the United States. A case study of new ways in which law enforcement agents, social service providers, and nongovernmental advocates have joined forces. The author examines how partnerships forged in the name of fighting domestic sex trafficking have blurred the boundaries between punishment and protection, victim and offender, and state and nonstate authority.
Human trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borderswith some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,
This book addresses the issue of victims of human trafficking which is overlooked under most legal systems. Currently, human trafficking is the most lucrative business in the world next to arms and drug dealings. Victims of human trafficking suffer from multifaceted human rights abuses. This book explores the protection accorded to victims of human trafficking under international and regional human rights instruments. It also looks into the challenges faced in enforcing those international and regional protections at the domestic forum. Furthermore, it makes an inquiry on the adequacy of the legal protection granted to victim of trafficking under the Ethiopian and Mozambican legal framework in comparison to the international and regional one. This book attempts to fill the existing literature gap on the issue of protecting victims of human trafficking. It may be used by students, academician, researchers and human rights activists.
An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.