scholarly journals PROTECTION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN INTERNATIONAL LAW AND FOREIGN STATES

2016 ◽  
pp. 0-0
Author(s):  
Олеся Сакаева ◽  
Olesya Sakaeva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Holistic Approach ◽  
Human Beings ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Gender Specific

The article deals with the tendency of establishment of human-rights-based gender-specific and child-centred approach to the preventing and combating trafficking in human beings. Comparative analysis of the norms of universal and regional international acts in the field of the combating trafficking in human beings shows that norms on the victims’ protection are primarily dispositive and the features of their implementation are left to national legislators. The role of the national referral mechanisms is emphasized because these mechanisms help to prevent illegal immigrants from posing as trafficking victims. The author hopes that humanizing tendency of contemporary international law on the whole and human-rights-based approach to the combating trafficking in human beings as its part will be growing; and holistic approach will be implemented by all countries in order to make the fight against human trafficking effective.

scholarly journals Human Trafficking – Between Punishable Human Rights Violations and Decriminalization

2020 ◽  
Vol 10 (3) ◽  
pp. 272-292
Author(s):  
Anja Schmidt
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Organized Crime ◽  
Empirical Data ◽  
Human Beings ◽  
Illegal Migration ◽  
Trafficking In Human Beings ◽  
Definition Of ◽  
Human Rights Based Approach ◽  
Opposite Tendency

The necessity of combating human trafficking is often justified by the violation of human rights of the victims of human trafficking. Criticism has, however, repeatedly been voiced that the victim-centred, human rights-based approach has not been consistently applied - because, in reality, state interests in effectively combating (organized) crime and securing borders against illegal migration take precedence. An opposite tendency criticizes the criminalization of human traffic on the grounds that human rights are not violated in every case within the definition of human trafficking, and criminalization is inappropriate in such cases. Furthermore, various parties point out that there is little empirical data on trafficking in human beings, and the available data is unreliable. This contribution aims to provide an overview of these issues and argue in favour of a nuanced examination of phenomena covered by the legal definition of human trafficking.

scholarly journals The Legal Framework on Human Trafficking in the UAE

2021 ◽  
Vol 4 (4) ◽  
pp. 419-436
Author(s):  
Aref Abdullah Mohmmed Alwadeai
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Analytical Approach ◽  
Legal Framework ◽  
Penal Code ◽  
Human Rights Violations ◽  
Human Beings ◽  
Trafficking In Human Beings

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

Human Trafficking, Human Rights and Women, Peace and Security: The Sound of Silence

2020 ◽  
pp. 189-206
Author(s):  
Gema Fernández Rodríguez de Liévana ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Beings ◽  
Gender Based Violence ◽  
Post Conflict ◽  
Human Rights Regime ◽  
Peace And Security ◽  
Women And Children ◽  
Gender Based ◽  
Human Rights Based Approach

The chapter discusses the tension that exists between three separate UN agendas, those relating to CEDAW and WPS; the fight against trafficking in human beings; and the Security Council’s broader agenda for the maintenance of international peace and security. It considers in particular how the securitisation of WPS and human trafficking by the Security Council has diluted and fragmented the discourse of women’s human rights. It argues that as a form of gender-based violence, human trafficking is subject to the human rights regime that has evolved to combat such violence and that human rights mechanisms should be engaged to hold States responsible for their failure to exercise due diligence to prevent, protect against and prosecute those responsible – in the widest sense – for human trafficking. The incidence of human trafficking (as a form of gender-based violence) in armed conflict means that it comes naturally under the auspices of the WPS agenda. The Security Council’s silence in this regard constitutes of itself a form of violence that weakens the potential of the WPS agenda to bring structural transformation in post-conflict contexts. In agreement with the Special Rapporteur on trafficking in persons, especially women and children and cognisant of some of the downsides, we argue that ‘in order to ensure more efficient anti-trafficking responses, a human rights-based approach … should be mainstreamed into all pillars of the women and peace and security agenda’. In turn this would provide a new direction for the WPS agenda.

scholarly journals Beyond the Binary: Rethinking Gender Neutrality in Indian Rape Law

2016 ◽  
Vol 11 (2) ◽  
pp. 367-397
Author(s):  
Harshad PATHAK
Keyword(s):  
Human Rights ◽  
Rape Law ◽  
The Common ◽  
Definition Of ◽  
Human Rights Based Approach ◽  
Gender Neutrality ◽  
Gender Specific ◽  
Indian Penal Code

AbstractDespite expanding the definition of rape under the Indian Penal Code to include non-penile-vaginal acts of penetration, the said definition continues to conform to a gender-specific notion of rape, based on a predetermined characterization of the victim-perpetrator framework on the basis of their genders. Herein, I will critique this idea of gender specificity in Indian rape law on the grounds that it reinforces a binary notion of gender, and results in gross underinclusion. Instead, it is more appropriate to adopt a human-rights-based approach in defining the offence of rape, and negate the role of gender in identifying the victims and perpetrators of an act of rape. The argument is pillared on a state’s obligation to not discriminate on the basis of sex, the recognition of transgender rights, and an assessment of the common grounds for opposing gender neutrality in Indian rape law.

scholarly journals Human Trafficking in Thailand in Perspective of Human Rights Law

2021 ◽  
Vol 2 (4) ◽  
pp. 505-514
Author(s):  
Natalia Sihotang ◽  
Channarong Wiriya
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Country Of Origin ◽  
Transnational Crime ◽  
Human Beings ◽  
Human Rights Law ◽  
Transit Country ◽  
Trafficking In Human Beings ◽  
International Human ◽  
The Government

Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.

scholarly journals Prohibition of trafficking in human beings under the auspices of human rights

2021 ◽  
Vol 63 (2) ◽  
pp. 5-26
Author(s):  
Tijana Šurlan
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Framework ◽  
Constitutional Court ◽  
Human Beings ◽  
International Treaties ◽  
Theoretical Formulation ◽  
European Court ◽  
Trafficking In Human Beings ◽  
The Republic

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.

The Obligations of Prevention, Protection and Assistance to Victims of Trafficking

2021 ◽  
Vol 3 (4) ◽  
pp. 87-97
Author(s):  
Ruth Shrimpling ◽  
Annelies Blondé
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Future Action ◽  
Victims Of Crime ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Practical Implications

Abstract The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.

scholarly journals Human trafficking as a crime against humanity

Legal Ukraine ◽  
2020 ◽  
pp. 62-70
Author(s):  
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Beings ◽  
European Court ◽  
The World ◽  
Trafficking In Human Beings ◽  
Institutional Mechanism

The article emphasizes that human trafficking is a modern form of slavery and a crime against humanity. The causes of the international crime are unresolved migration problem in the world, armed conflicts, insufficient efforts of states to combat human trafficking, inefficiency political and economic transformations in the state, corruption officials, declarative social policy and numerous other reasons. UN Office on Drug and Crime reports an increase in the number of recorded cases of human trafficking in the world. Due to the Covid-19 pandemic, states have closed their borders, but this is not the way out. After the resumption of international connections, a new wave of migration flows is expected. As a result, the level of human trafficking crime will increase. The institutional mechanism of the UN, the Council of Europe and the role International Criminal Court in the field of combating the crime of trafficking people were analyzed. The scale and effectiveness of certain international legal acts are determined. The main disadvantage is their recommendatory nature. Combating against transnational crime trafficking in human beings requires to use not only national and regional judicial system, but also international bodies. Particular attention was paid on the importance of the International Criminal Court and the European Court of Human Rights in investigating the crime of trafficking in human beings. The issue of jurisdiction of the International Criminal Court on human trafficking crimes was covered. Creating a new mechanism to combat human trafficking is not an appropriate way. We emphasized the importance of improving the work of existing institutions. Key words: crime against humanity, human trafficking, institutional mechanism, migration, International Criminal Court, Rome Statute, European Court of Human Rights.

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