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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.
An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
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.
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.
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.
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.
Every day in the United States, children and adolescents are victims of commercial sexual exploitation and sex trafficking. Despite the serious and long-term consequences for victims as well as their families, communities, and society, efforts to prevent, identify, and respond to these crimes are largely under supported, inefficient, uncoordinated, and unevaluated. Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States examines commercial sexual exploitation and sex trafficking of U.S. citizens and lawful permanent residents of the United States under age 18. According to this report, efforts to prevent, identify, and respond to these crimes require better collaborative approaches that build upon the capabilities of people and entities from a range of sectors. In addition, such efforts need to confront demand and the individuals who commit and benefit from these crimes. The report recommends increased awareness and understanding, strengthening of the law's response, strengthening of research to advance understanding and to support the development of prevention and intervention strategies, support for multi-sector and interagency collaboration, and creation of a digital information-sharing platform. A nation that is unaware of these problems or disengaged from solutions unwittingly contributes to the ongoing abuse of minors. If acted upon in a coordinated and comprehensive manner, the recommendations of Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States can help advance and strengthen the nation's emerging efforts to prevent, identify, and respond to commercial sexual exploitation and sex trafficking of minors in the United States.
"This book proposes unique solutions to human trafficking in the United States, Australia, and Europe that can be applied elsewhere in the world. It explores the intersection of human trafficking with other phenomena such as cults, drug trafficking, human rights, and gender issues. Importantly, this book unveils the cutting-edge Social Influence Model for admitting evidence of undue influence and coercion into court when trafficking victims find themselves on the wrong side of a prosecution."--Back cover.
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is 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 UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.