Efficacy and United States Trafficking Victims Protection Act: The Need for Treble Damages in the Private Right of Action

2012 ◽  
Author(s):  
Marc Steven Wiesner
Keyword(s):  
United States ◽  
Trafficking Victims Protection Act ◽  
Right Of Action ◽  
Trafficking Victims ◽  
Private Right

scholarly journals Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

2008 ◽  
Vol 26 (1 & 2) ◽  
Author(s):  
Shannon Lack
Keyword(s):  
United States ◽  
Civil Rights ◽  
Human Trafficking ◽  
Public Awareness ◽  
The United States ◽  
Bill Clinton ◽  
Private Enforcement ◽  
Trafficking Victims ◽  
Civil Remedy ◽  
Private Right

In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its status as the first comprehensive anti-trafficking legislation to be enacted in the United States, the TVPA fails to sufficiently address human trafficking concerns. It is suggested that the failure of the TVPA is a result of both the prosecutorial focus of the legislation, a focus which tends to overlook victims’ civil rights, and the contingency of TVPA benefits upon adherence to the prosecutorial process. In response to the shortcomings of the TVPA, the legislation was amended by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA) to provide a civil remedy for trafficking victims. The civil remedy confers on trafficking victims the private right to vindicate their civil rights and hold their traffickers directly accountable for their exploitative acts. By directly compensating victims, the civil remedy acts as a financial deterrent against traffickers and provides a private enforcement anti-trafficking policy. In pursuing the civil remedy, trafficking victims possess several advantages over the prosecutorial process of the TVPA and other civil causes of action. However, despite its advantages, the civil remedy is infrequently utilized thus frustrating congressional intent that victims advance antitrafficking policy by enforcing a civil remedy against their traffickers.

Sabbithi and Others v. Al Saleh and Another

2019 ◽  
Vol 180 ◽  
pp. 703-713
Keyword(s):  
United States ◽  
The United States ◽  
United States Constitution ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Trafficking Victims Protection Act ◽  
Domestic Servants ◽  
Trafficking Victims ◽  
Diplomatic Immunity ◽  
Jus Cogens

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servants against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servants a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether plaintiffs’ constitutional slavery claim giving way to diplomatic immunity — Whether defendants’ conduct constituting human trafficking — Whether jus cogens exception to diplomatic immunity — Whether Vienna Convention being overridden by statute — Diplomatic agent leaving post — Residual immunity under Article 39 — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunityHuman rights — Prohibition of slavery in United States Constitution — Whether conduct constituting trafficking in human beings — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention on Diplomatic Relations, 1961 — Whether defendants enjoying diplomatic immunityRelationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — United States Constitution — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention — Whether Court having jurisdiction — The law of the United States

Human Trafficking Efforts to Protect Connecticut's Vulnerable Children and Youth: Incorporating the Voices of Community Practitioners

2020 ◽  
Vol 35 (3) ◽  
pp. 382-399
Author(s):  
Miriam G. Valdovinos ◽  
Rebecca L. Thomas ◽  
Lorin N. Tredinnick ◽  
Maritza Vasquez Reyes
Keyword(s):  
United States ◽  
Focus Group ◽  
Human Trafficking ◽  
The United States ◽  
Children And Youth ◽  
Child Victims ◽  
Policy Recommendations ◽  
Vulnerable Children ◽  
Trafficking Victims Protection Act ◽  
Trafficking Victims

Research demonstrates a growing number of exploited and trafficked children in the United States, but few studies address how practitioners continue to respond to these issues. Multiple efforts identify victims of human trafficking and provide services since the passing of the Trafficking Victims Protection Act (TVPA) in 2000 and its reauthorization. However, the TVPA oftentimes failed to protect the most vulnerable. This qualitative study included four focus group sessions with 28 practitioners from various disciplines (e.g., social work, healthcare, legal) to examine how the state of Connecticut has expanded services and programs for children and youth trafficking victims. The findings describe current statewide partnerships along with challenges and successes when working with child victims of human trafficking, offering practice and policy recommendations.

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