Relevant bibliographies by topics / Human trafficking victims Legal status

Academic literature on the topic 'Human trafficking victims Legal status'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Human trafficking victims Legal status"

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Gilani, Syed Raza Shah, Ilyas Khan, and Ashraf Ali. "HUMAN TRAFFICKING AND INTERNATIONAL LEGAL RESPONSES: THE CASE OF COMBATING HUMAN AND WOMEN TRAFFICKING." Pakistan Journal of Social Research 04, no. 03 (September 30, 2022): 89–96. http://dx.doi.org/10.52567/pjsr.v4i03.689.

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Over the last two decades, the United Nations and various non-governmental organizations (NGOs) have increased their efforts to combat human trafficking and women trafficking for sex around the world through international legal frameworks and conventions along with implementing mechanisms. These steps are aimed at limiting the potential victims’ vulnerability to trafficking, providing adequate help and protection for victims, and ensuring the speedy trials of the traffickers (and other important, behind-the-scene players), all while preserving the fundamental human rights of all. Given that the prohibition of slavery and human trafficking is a jus-cogens principle, states are obligated to act with reasonable diligence to prevent human trafficking, investigate and prosecute traffickers, and help and protect the trafficked individuals. Governments often tackle trafficking from the standpoint of law enforcement or criminal control (as opposed to victims’ protection and/or human rights perspective). Typically, they are preoccupied with border security, preventing unwelcome migration, combating organized crime, and lately, terrorism. This article argues that any attempts to combat trafficking are unlikely to be successful if the emphasis is on criminal prevention rather than on victim protection and rights, as demonstrated in the following pages. Key Words: Human Trafficking, Women Trafficking, Human Rights Approach, Sexual Exploitation.
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Williams-Woods, Alexandra, and Yvonne Mellon. "Irregular Victims: Investigating the Immigration Status Decisions of Post-NRM Victims of Human Trafficking, the Availability of Eligible Benefits and the Related Impact on Victims of Trafficking." Journal of Modern Slavery 4, no. 2 (December 2018): 66–92. http://dx.doi.org/10.22150/jms/evku5747.

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Human trafficking is connected to migration as it often involves crossing international borders. This article argues that by failing to view the issue of human trafficking through the lens of migration, the current framework for assisting victims of human trafficking fails to ensure the protection of the individuals concerned. This article offers an innovative perspective by analysing the specific legal position of victims of human trafficking in the context of UK domestic law and international agreements, and tracing this to survivor experiences. The extent to which non-UK national survivors of human trafficking are able to access the rights that they are entitled to in the UK is explored, as well as what factors influence the accessibility of these rights. Utilising an interdisciplinary approach, encompassing scholarship of law and politics, this article links a review of the current legal landscape relating to immigration status for trafficking victims with empirical work exploring the experiences of non-UK national trafficking survivors.
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Staiano, Fulvia. "THE PROTECTION OF EUROPEAN UNION CITIZENS VICTIMS OF HUMAN TRAFFICKING IN EUROPE." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 159–78. http://dx.doi.org/10.1163/22116133-90000111a.

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On February 2015, Eurostat issued a report highlighting that 65% of registered victims of human trafficking in Europe between 2010 and 2012 were citizens of the European Union (EU). Despite the seriousness of this phenomenon, EU citizens who are victims of trafficking are afforded little protection in the European legal space. First, the multi-level legal framework against trafficking applicable on the Union territory does not recognise clear residence rights to this group. Second, the general freedom of movement granted to all EU citizens under Directive 2004/38 might be precluded to victims of trafficking due to the economic prerequisites required by this instrument. It follows that the granting of refugee status to EU citizens who are victims of trafficking becomes a crucial source of protection. The safe country presumption in force between EU Member States under the so-called Aznar Protocol, however, precludes access to international protection for this group. This article critically reviews the Common European Asylum System, in search of normative and judicial interpretations capable of ensuring a stronger protection of EU citizens who are victims of trafficking. In this context, a special focus is devoted to the jurisprudence of the European Court of Human Rights and of the Court of Justice of the European Union.
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Nathania, Lidya, Asmin Fransiska, and Riskey Saputri. "Legal protection for women victims of human trafficking in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 1 (February 27, 2022): 364–71. http://dx.doi.org/10.20525/ijrbs.v11i1.1672.

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Human trafficking is a violation that destroys human’s honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast way. In national and international law, human trafficking is one of the most common violations of the law, especially for women and children’s victims. Human trafficking is very detrimental not only materially or immaterially but also to the protection of the poor and younger generations who are the main targets of human trafficking. This research will apply the normative juridical method from various sources of law and legislation to review the two issues of this research, namely (1) describing how the law is enforced against traffickers, and (2) analyzing the government's role in overcoming the recovery of victims of women trafficking. Preliminary research result shows that legal protection for victims of women trafficking is far from maximum. This will then be investigated further regarding regulations that will help enforce laws against trafficked women, as well as the extent of government support to assist the recovery of victims of women trafficking.
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Yosepin Simbolon, Nanci, and Madyasah Ablisar. "The prevention of child trafficking crimes and its legal reform." E3S Web of Conferences 52 (2018): 00033. http://dx.doi.org/10.1051/e3sconf/20185200033.

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The news about human trafficking especially children in Indonesia is increasing both domestically and across borders. The crime also includes in the form of labor smuggling, immigrant smuggling, slave trade, women and children. One of the most serious and very complex issues is the impact it has on and directly related to the child’s fate. In 2016, the Ministry of Women Empowerment and Child Protection reported, there were 943 victims of human trafficking reported in 65 the media. Separately, the Indonesian Child Protection Commission officially identifies 307 child trafficking victims. It remains unclear whether these two processes lead to an investigation or provision of protection to victims. This research uses normative research method to find out the prevention of child trafficking crime and form of legal renewal about child trafficking. This study states that the prevention of child trafficking victims is by prevention, prosecution to traffickers, and protection measures against victims. In addition, there needs to be a renewal of criminal law which should also focus on the protection of victims of trafficking in persons so as to provide opportunities for victims to gain their rights.
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Jeyabalan, Renuka, and Rohaida Nordin. "Protection of the Rights of the Victims of Human Trafficking: Has Malaysia done Enough?" Journal of Southeast Asian Human Rights 3, no. 2 (December 5, 2019): 300. http://dx.doi.org/10.19184/jseahr.v3i2.9231.

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Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effective protection for victims of trafficking as enacted under the Malaysian Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007). The first part of this research examines the international law standards on human rights protection of the victim of human trafficking while the second part analyses any legal and policy measures adopted within the Malaysian context. In this analysis, attention will be made on numerous protection mechanisms such as provision for a shelter, or a place of refuge, appointment of Protection Officers, medical treatment, right to work and safe repatriation. This research further examines and assesses the adequacy and effectiveness of the current measures and laws especially in terms of their enforcement by the relevant enforcement bodies. Analysis on the existing legal framework within other ASEAN States, including Indonesia, is also done so as to provide relevant best practices for consideration and adoption by the Malaysian government. In conclusion, this research provides a number of solutions to address the problems and challenges within the existing legal framework in Malaysia with the ultimate aim at providing better protection for the victims of human trafficking.
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Jobe, Alison. "Telling the Right Story at the Right Time: Women Seeking Asylum with Stories of Trafficking into the Sex Industry." Sociology 54, no. 5 (July 20, 2020): 936–52. http://dx.doi.org/10.1177/0038038520932019.

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Exploring the (re)emergence of human trafficking as a global social problem, this article presents an analysis of asylum determinations where claims for Asylum and/or Humanitarian Protection included accounts of trafficking to the UK. The article traces the emergence of trafficking as a credible claim for refugee status and argues that this recognition was time-specific and story-specific. Trafficking victims were identified by the UK Home Office where a claimant’s narrative mirrored the narrowly defined female ‘sex trafficking victim’ presented in campaigns and fictional depictions of human trafficking in the early 21st century. Through an exploration of the work that trafficking stories did in establishing an ‘ideal’ trafficking victim in asylum determinations, this article illustrates how social problems and legal judgments can be profoundly shaped by situated and strategic storytelling. These findings develop an understanding of the social construction of, and relationships between, social conditions and micro-meso-macro narratives of identity.
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Gallagher, Anna Marie. "Triply Exploited: Female Victims of Smuggling and Trafficking Networks Strategies for Pursuing Protection and Legal Status in Countries of Destination." Deusto Journal of Human Rights, no. 1 (December 11, 2017): 29–40. http://dx.doi.org/10.18543/aahdh-1-2004pp29-40.

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Although efforts have been directed towards the protection of victims of human trafficking and smuggling, the existing systems are still flawed and lack more effective ways to provide support, assistance and long-term status to those victims. Several international mechanisms exist, however, the protection and assistance they provide often depends on the nature or value of the information provided by victims. Asylum may be the only relief available to victims of smuggling, many of whom suffer serious human rights violations. This article provides several proposals for obtaining permanent legal status in destination countries for women who fear returning to their home country or who cannot return because of great economic need. Specifically, the article will discuss relief under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, provide suggestions for improved trafficking visas and, finally, suggest that labour based immigration include work visas for prostitutes.Published online: 11 December 2017
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Weatherburn, Amy, and Yvonne Eloise Mellon. "Child trafficking victims and legal guardians: Exploring the fulfilment of the EU trafficking directive in the context of the UK modern Slavery Act 2015 – Best practice or not fit for purpose?" New Journal of European Criminal Law 10, no. 2 (March 25, 2019): 107–27. http://dx.doi.org/10.1177/2032284419836510.

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Child victims of trafficking are recognized as particularly vulnerable victims, who require additional protection and support and a more rigorous legal framework. The regional anti-trafficking instruments 1 explicitly enforce the importance of protecting child trafficking victims, requiring Member States to ‘appoint a guardian or a representative for a child victim of trafficking in human beings from the moment the child is identified by the authorities’. 2 The problem of child trafficking and exploitation has received increased attention in England and Wales in recent years, with record number of minors referred to the National Referral Mechanism in 2016. Running parallel to this are the apparent failings of the domestic social care system to safeguard not only trafficked children but also those who are seeking asylum or unaccompanied. Over a quarter of officially identified trafficked children were found to have gone missing between 2014 and 2015. 3 Across the United Kingdom when transposing the European Union (EU) legal framework, the Government maintained that existing provisions by local authorities under their statutory child protection obligations, including social workers and independent reviewing officers, fulfilled the guardian requirements in the Directive. The Modern Slavery Act 2015 has placed significant emphasis on reforming the approach to the protection for child trafficking victims, culminating in the introduction a specific statutory provision establishing Independent Child Trafficking Advocates (ICTAs). 4 Such a scheme is the first guardian of its kind, designed specifically for child trafficking victims in Europe. Taking into account the recent evaluation of pilot schemes, 5 and the slight variation in approach taken in the devolved jurisdictions of the United Kingdom, 6 this article will consider the extent to which the protection of child trafficking victims under the jurisdiction of the Modern Slavery Act 2015 is sufficient to fulfil the legal positive obligations imposed by EU Law. This article will demonstrate that as it stands the Modern Slavery Act 2015 fulfils the obligations of the EU Trafficking Directive in relation to the protection of child trafficking victims. However, its fully effective enforcement requires further efforts in policy to ensure that these legal obligations are implemented in practice.
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Valdovinos, Miriam G., Rebecca L. Thomas, Lorin N. Tredinnick, and Maritza Vasquez Reyes. "Human Trafficking Efforts to Protect Connecticut's Vulnerable Children and Youth: Incorporating the Voices of Community Practitioners." Violence and Victims 35, no. 3 (June 1, 2020): 382–99. http://dx.doi.org/10.1891/vv-d-19-00075.

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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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Dissertations / Theses on the topic "Human trafficking victims Legal status"

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Clesse, Charles-Eric. "La traite des êtres humains: un cadre legal perfectible pour une meilleure protection des victimes ?étude de la législation belge éclairée de normes internationales et de législations française, luxembourgeoise et suisse." Doctoral thesis, Universite Libre de Bruxelles, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209468.

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La législation belge est reconnue comme l'une des meilleures en Europe. Elle est pourtant perfectible, surtout dans un souci d'aide aux victimes. Afin de renforcer la lutte contre la traite des êtres humains en Belgique, l'étude de la législation nationale sera éclairée de normes internationales, française, luxembourgeoise et suisse. L'introduction de la thèse, disponible ci-après, donne, entre autres, l'objet de l'étude et son postulat de départ. Nous y renvoyons le lecteur.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Kamidi, Rino. "A legal response to child trafficking in Africa: A case study of South Africa and Benin." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2928_1210843608.

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Human trafficking has emerged over the past three decades as an issue of considerable concern for the international community, and governments around the world have committed themselves to enacting legislation to combat the trade in humans. This has resulted in the adoption of international standards and important obligations of governments, to address the trafficking in persons (TIP) and in particular child trafficking which appears as a worldwide form of modern-day slavery, and a facet of transnational organized crime. This study investigated the potential causes of this state of affairs, which could be the inadequacy of legal texts and absence of implementation mechanisms, lack of co-ordination amongst the actors implicated, the insufficiency of political will to respond to the problem, the permeability of borders, or the lack of information in the accounts of victims and their parents. The principle objective aimed to address and ensure safety, special protection and security to child victims of trafficking. In so doing this study identified the existing legal framework in the international and regional environment.

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De, Souza Monica. "Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12688.

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Includes bibliographical references.
The aim of the enquiry is to establish whether trafficking victims could find protection within a particular human rights framework - that of refugee law - and to assess any factors that may hinder qualification for such protection.
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Wallén, Daniel. "Sweden´s moral responsibility to protect Romanian victims of trafficking for sexual exploitation in Sweden." Thesis, Högskolan Dalarna, Statsvetenskap, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:du-28019.

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Trafficking in persons is a serious crime and a serious violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Trafficking in human beings (THB) can be about forced labour, sexual slavery and/or commercial sexual exploitation, but this this paper focuses on the latter category. One country in Eastern Europe with an exceptionally high proportion of women and children trafficked into Sweden each year is Romania. The purpose of the following study is therefore to investigate what moral responsibility – if any – Sweden has to protect the female part of the victims from Romania being trafficked for sexual purposes in Sweden. They are not Swedish citizens, and that makes it a complicated question. In making an effort to come up with answers, we will have a look at what Sweden is doing for these people today, and what the options look like going forward, if indeed the responsibilty is ours. This is an academic thesis with one normative and one empirical aspect. Normative theoretical principles of global justice, ethics and human dignity from American philosopher Martha Nussbaum are tested on an empirical problem; a case study about the situation for Romanian trafficking victims in Sweden and Norway. Apart from the theory and case study, I have exclusively used applied ethics, secondary sources and an analytical tool to analyze and dissect the problem, reaching the conclusion that Sweden does have a moral responsibility, and that we therefore should continue to work in these people´s favour. However, more so that now by assisting solution solving in Romania, where the biggest problems exist and the best solutions can be expected, if handled intelligently and with ethics in mind.
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N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.

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History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.

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Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.

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Thesis (LLM)--Stellenbosch University, 2013.
Bibliography
ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find and punish persons alleged to have committed the crimes within the jurisdiction of the Court (war crimes, crimes against humanity, and genocide). This is particularly challenging where such persons are nationals of non-States Parties. The various meanings of international cooperation in criminal matters is discussed with reference to and distinguished from the cooperation regime of the International Criminal Tribunals for Rwanda and the former Yugoslavia. For States Parties to the Rome Statute, the thesis evaluates the measure of their inability or unwillingness to genuinely prosecute persons alleged to have committed crimes within the jurisdiction of the Court within the context of the principle of complementarity. It seeks to address, where such inability or unwillingness has been determined by the Court, how effective the cooperation between the States Parties and the Court could best serve the interests of justice. The thesis answers the question on what extent the principle of complementarity influences the cooperation of States with the Court, whether or not these States are party to the Rome Statute. The concept of positive complementarity that establishes a measure of cooperation between the Court and the national criminal jurisdictions is further explored in the context of the Court’s capacity to strengthen local ownership of the enforcement of international criminal justice. A nuanced discussion on the practice of the Court with respect to the right of persons before the Court is developed. The rights of an accused in different phases of Court proceedings and the rights of victims and affected communities of crimes within the Court’s jurisdiction are considered at length and in the light of recently-established principles regulating the Court’s treatment of these individuals. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law predominantly from states to individuals and bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations to the Rome Statute. Finally the thesis interrogates the enforcement mechanisms under the Rome Statute. Unlike States, the Court does not have an enforcement entity such as a Police Force that would arrest persons accused of committing crimes within its jurisdiction, conduct searches and seizures or compel witnesses to appear before the Court. Yet, the Court must critically assess its practice of enforcing sentences that it imposes on convicted persons and in its contribution to restorative justice, the enforcement of reparations orders in collaboration with other Rome Statute entities such as the Trust Fund for Victims.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n weerspieëling van die bepalings van die Statuut van Rome in verhouding tot die mees fundamentele voorwaarde vir die effektiewe funksionering van die Hof - die samewerking van State. Dit ondersoek breedweg die uitdagings wat deur die Hof ervaar word met betrekking tot die toepassing van Deel IX soos byvoorbeeld of State wat nie partye is tot die Statuut van Rome, nieteenstaande hul reg om nie deel te wees nie, verplig kan word om saam te werk met die Hof weens die internasionale gewoontereg verpligting om alle persone wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof (oorlogsmisdade, misdade teen die mensdom en volksmoord) te verhinder, vind en straf. Dit is veral uitdagend waar sodanige persone burgers is van State wat nie partye is nie. Die verskillende betekenisse van die internasionale samewerking in kriminele sake word bespreek met verwysing na, en onderskei van, die samewerkende stelsel van die Internasionale Kriminele Tribunale vir Rwanda en die voormalige Joego-Slawië. Vir State wat partye is tot die Statuut van Rome, evalueer die tesis - in die konteks van die beginsel van komplementariteit - die mate van hul onvermoë, of ongewilligheid om werklik persone te vervolg wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof. Dit poog om aan te spreek, waar so 'n onvermoë of ongewilligheid bepaal is deur die Hof, hoe effektiewe samewerking tussen State wat partye is en die Hof, die belange van geregtigheid die beste kan dien. Die tesis beantwoord die vraag op watter mate die beginsel van komplementariteit die samewerking van die State met die Hof beïnvloed, ongeag of hierdie State partye is tot die Statuut van Rome. Die konsep van positiewe komplementariteit wat samewerking vestig tussen die Hof en die nasionale jurisdiksies aangaande kriminele sake word verder ondersoek in die konteks van die Hof se vermoë om plaaslike eienaarskap in die handhawing van die internasionale kriminele regstelsel te versterk. 'n Genuanseerde bespreking op die praktyk van die Hof met betrekking tot die reg van persone voor die Hof word ontwikkel. Die regte van 'n beskuldigde in die verskillende fases van die hof verrigtinge en die regte van slagoffers en geaffekteerde gemeenskappe van misdade binne die hof se jurisdiksie word in diepte bespreek in die lig van die onlangs gevestigde beginsels wat die Hof se behandeling van hierdie individue reguleer. Hierdie persone is sleutel gespreksgenote in die internasionale kriminele regstelsel en het die tradisionele fokus verskuif van die internasionale reg van State na individue, en bring oor 'n ander soort verhouding tussen State as 'n kollektiewe en hulle behandeling van hierdie individue as gevolg van hul verpligtinge aan die Statuut van Rome. Ten slotte bevraagteken die tesis die handhawings meganismes onder die Statuut van Rome. In teenstelling met State, het die Hof nie 'n handhawing entiteit soos 'n Polisiemag wat persone kon arresteer wat beskuldig word van misdade binne sy jurisdiksie, deursoek en beslagleggings uitvoer of persone dwing om as getuies te verskyn voor die Hof nie. Tog, moet die Hof sy praktyk van uitvoering van vonnisse wat dit oplê op veroordeelde persone en in sy bydrae tot herstellende geregtigheid die handhawing van herstelling in samewerking met ander Statuut van Rome entiteite soos die Trust Fonds vir Slagoffers krities assesseer.
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Mollema, Nina. "Combating human trafficking in South Africa: a comparative legal study." Thesis, 2013. http://hdl.handle.net/10500/10189.

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This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking. The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified. iv The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research.
Criminal & Procedural Law
LL.D.
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Chembe, Phyllis Kedibone. "Human trafficking in Southern Africa: the need for an effective regional response." Diss., 2016. http://hdl.handle.net/10500/23739.

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Human trafficking is an old practice that has become a matter of global concern irrespective whether a country is a country of origin where people are trafficked from; a country of transit where people are trafficked through and a country of destination where people are trafficked to. In 2009, the UN Office on Crime and Drugs stated that 66% females, 22% of children and 12% of men are trafficked. In Africa, human trafficking is identified as a problem in roughly one in three of the countries. According to the Salvation Army, at least 2,000,000 people are trafficked each year and of the estimated number, Africa accounts for 450,000. Furthermore, statistics reveal that 30% of cases handled by the Southern Africa Counter-Trafficking Assistance Programme (SACTAP) involved SADC nationals. The purpose of this study was therefore to determine whether there is a need for an effective legislative response to human trafficking in SADC. This was established by tracing the evolvement of trafficking from its conceptualization as slavery to its evolvement to human trafficking. Further, by investigating the measures taken within the SADC region to address human trafficking both at the national and regional levels and a comparative study between different regions and between selected SADC countries was conducted. In the summary of key findings, it was found that the definition of human trafficking as laid out in the Palermo Protocol cannot sufficiently and adequately combat human trafficking in SADC countries in its current form due to a number of reasons. Furthermore, at the institutional level it was found that the Protocols adopted by SADC do not afford all victims of trafficking protection and the Plan of Action is non-binding and faces implementation problems. At SADC country levels it was found that although twelve of the fifteen countries adopted anti-trafficking legislation, these countries struggle with compliance and implementation mechanisms, which show, that mere passing of legislation does not automatically translate to compliance. This study therefore concluded by proposing a number of options that can be explored in order to effectively prevent, and combat human trafficking in SADC. Even though this study does not offer a blueprint solution, it contributes towards the development of a model that will better be suited to address human trafficking problems at the SADC level.
Public, Constitutional and International Law
LL. M.
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Reda, Asefach Haileselassie. "An investigation into the expriences [sic] of female victims of trafficking in Ethiopia." Diss., 2012. http://hdl.handle.net/10500/6043.

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The purpose of this study is to tell the story of female victims of human trafficking from Ethiopia. It pertains to the cause of trafficking and how it affects their social and emotional wellbeing. The study is conducted in light of constructivist framework and involves in-depth interviews with five returnees whose experiences as victims are explored. This is done to get insight into the challenges faced by the wider population. Themes evident in the stories are discussed in line with relevant literature. The study shows lack of job opportunities, limited income and false promises made by brokers as the major factors drawing women into human trafficking. The findings also show that even after return, the victims experience further difficulties due to post-traumatic psychological factors. Looking at the significance of the research outcome, the gleaned information could be of value for organizations working on migration and countering human trafficking.
Investigation into the experiences of female victims of trafficking in Ethiopia
Experiences of female victims of trafficking in Ethiopia
Female victims of trafficking in Ethiopia
Psychology
M.A. (Psychology)
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10

Mcanyana, Mandisa Sibusiso. "The legal framework regulating the protection and assistance of victims of human trafficking : a South African perspective." Diss., 2016. http://hdl.handle.net/2263/56980.

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Human trafficking is a phenomenon often likened to slave trade which has had an adverse impact on victims for centuries. The trade in humans has demoralised society as it transcends boundaries, the callousness of the act cloaked in well-meaning deceit, unknown to those that fall prey to traffickers till it is too late. The victims that are rescued or are able to escape in South Africa and Nigeria have not been accorded the necessary protection and assistance required, most being unaware of the treatment they should be receiving. This research assesses the Prevention and Combating of Trafficking in Persons Act (Trafficking Act) by juxtaposing the rehabilitative and after care provision that existed prior to the Trafficking Act coming into force and further examines the interventions that the Trafficking Act aims to put in place. The contradiction in the provisions of the Trafficking Act and its Regulations call into question the feasibility in the implementation of the legislation. A human rights approach is taken into account as necessitated by the Guidelines and Principles that are in concert with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. Despite the South African Constitution being progressive legislation as it underpins equality and non-discrimination as its bedrock, human trafficking is rife. Human trafficking is a multifaceted problem that requires cooperation from various sectors.
Mini Dissertation (LLM)--University of Pretoria, 2016.
tm2016
Centre for Human Rights
LLM
Unrestricted
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Books on the topic "Human trafficking victims Legal status"

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Follmar-Otto, Petra. Human trafficking in Germany: Strengthening victim's human rights. Berlin: German Institute for Human Rights, 2009.

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Follmar-Otto, Petra. Human trafficking in Germany: Strengthening victim's human rights. Berlin: German Institute for Human Rights, 2009.

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Human trafficking laws: Legal provisions for victims : comparing legal definitions & frameworks against the United Nations Protocal on Human trafficking : Cambodia, Republic People's of China, Lao PDR, Malaysia, Myanmar, Thailand and Vietnam. Bangkok]: United Nations Inter-Agency Project on Human Trafficking, 2009.

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Lasocik, Zbigniew. Niekaralność ofiar handlu ludźmi - wstępna diagnoza problemu. Warszawa: Ośrodek Badań Handlu Ludźmi Uniwersytet Warszawski, 2013.

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Canada. Parliament. House of Commons. Standing Committee on the Status of Women. Turning outrage into action to address trafficking for the purpose of sexual exploitation in Canada: Report of the Standing Committee on the Status of Women. Ottawa: Standing Committee on the Status of Women, 2007.

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Milgram, Anne (Professor of law), author, Kim, Kathleen (Professor of law), author, and Warnath, Stephen C. (Stephen Charles), 1956- author, eds. Human trafficking law and policy. New Providence, NJ: LexisNexis, 2014.

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Mahilā, Kānūna ra Vikāsa Mañca (Kathmandu, Nepal), ed. Human Trafficking and Transportation (Control ) Act, 2007: Its implementation. Kathmandu, Nepal: Forum for Women, Law and Development, 2014.

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Trafficked. Sydney: UNSW Press, 2008.

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Manusia, Indonesia Badan Penelitian dan Pengembangan Hak Asasi. Pemenuhan hak untuk mendapatkan rehabilitasi bagi korban tindak pidana perdagangan orang. [Jakarta]: Badan Penelitian dan Pengembangan HAM, Kementerian Hukum dan Hak Asasi Manusia R.I., 2009.

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Pauline, David. ASEAN handbook on international legal cooperation in trafficking in persons cases. Jakarta, Indonesia: ASEAN Secretariat, 2012.

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Book chapters on the topic "Human trafficking victims Legal status"

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Catherine, Briddick, and Stoyanova Vladislava. "Part IV Access to Protection and International Responsibility-Sharing, Ch.30 Human Trafficking and Refugees." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0031.

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This chapter assesses the interactions between the international trafficking regime and international refugee and human rights law. In practical terms, refugees and other forced migrants can fall victim to trafficking when they travel irregularly in search of protection, or when they seek livelihoods while lacking legal rights, as may arise when they await the outcome of protracted status determination, or live without the right to work. The chapter takes a feminist approach, highlighting the gendered nature of trafficking and the responses thereto. Women and girls are more likely than men and boys to be trafficked, and are also more likely to be trafficked for particular forms of exploitation. The chapter studies the international trafficking regime, a complex and multilayered regime with diverse legal sources; it explores its links with the suppression of mobility and compares the limited rules that protect some refugees and trafficked persons from criminalization. It also highlights the links between trafficking and refugee recognition and looks at the protections provided to both refugees and trafficking victims by ‘general’ international human rights law and the specialist legal regimes concerned with discrimination and violence against women.
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"Legal protection and assistance for victims of human trafficking in the United States: a harm reduction approach." In Justice for Victims, 158–76. Routledge, 2014. http://dx.doi.org/10.4324/9780203094532-17.

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Vladislava, Stoyanova. "Part II Predominant Security Challenges and International Law, Human Security, Ch.21 Human Trafficking and Slavery." In The Oxford Handbook of the International Law of Global Security. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827276.003.0022.

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Since the beginning of the twenty-first century, with the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UNTOC Trafficking Protocol), the concept of human trafficking has become a dominant frame in addressing issues of human security. This chapter critically reviews this development by clarifying an important tension that permeates the international legal framework on human trafficking and slavery. This tension concerns the security of the individuals who might be victims of human trafficking and slavery vis-à-vis the security of the borders of their desired States of destination. Given this tension, the chapter discusses the main challenges that lie ahead in this area of international law.
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Rothe, Eugenio M., and Andres J. Pumariega. "Criminality Among Immigrants to the United States." In Immigration, Cultural Identity, and Mental Health, 161–78. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780190661700.003.0008.

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The chapter on criminality among immigrants seeks to dispel the myths and to clarify the true statistics of criminality among the immigrant population in the United States. It provides a historical perspective of criminality and immigration and describes the anti-immigrant currents and rhetoric that have emerged throughout the history of the country. It describes the crime rates and socioeconomic factors that generate criminality among legal and undocumented immigrants, providing an in-depth analysis of the three principal federal, state, and local justice system U.S. government databases in order to clarify the true statistics on immigrant criminality. It discusses the variables that affect the levels of criminality, including immigration, class, and race and the statistics and factors affecting criminality among second-generation immigrants and beyond. It describes what constitutes a cultural crime and the plight of immigrants as victims, including border crossings, human trafficking, violence, and exploitation and the contribution of post-traumatic stress disorder as a cause of criminality and as a result of victimization. Ultimately, it discusses the dilemma of immigration as an issue of national security.
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"The International Legal Framework against Human Trafficking:." In Defining Human Trafficking and Identifying Its Victims, 77–154. Brill | Nijhoff, 2012. http://dx.doi.org/10.1163/9789004225879_004.

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Kingston, Lindsey N. "Irregular Human Movement and the Creation of Liminal Spaces." In Fully Human, 101–26. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190918262.003.0005.

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Various forms of illicit human movement leave many individuals without functioning citizenship, often because they are outside their country of legal nationality and cannot claim rights for fear of arrest, deportation, or some other form of retribution. These categories of migration include irregular migration—sometimes called “illegal” or “undocumented” migration—as well as those who, often as part of this process, cross borders via human smuggling or trafficking. Here we see definitional lines blurring; there are debates about who counts as a migrant versus a refugee, at what point smuggling becomes trafficking, and so forth. In some cases, lack of functioning citizenship is what necessitates migration in the first place. Yet these forms of illicit movement also create liminal spaces where migrants and trafficking victims exist outside the law, beyond the reach of functioning citizenship where they are dangerously vulnerable to rights abuses.
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Korstanje, Maximiliano Emanuel. "Failed Hospitality." In Handbook of Research on Present and Future Paradigms in Human Trafficking, 227–38. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-9282-3.ch015.

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Human trafficking is doubtless a major crime – jointly with terrorism and child abuse. It is estimated that more than two billion people are missing in the world each year. These numbers associate to human trafficking as an illegal act—known as well as slavery—where the victims not only are deprived of their liberty but also forced to be enslaved or sexually exploited. Trafficking victims include women, men, and children of all ages and social classes. In the field of tourism, human trafficking leads to sexual activities. Human trafficking is certainly based on a much deeper process where the victim is under-humanised, which the victim lacks any basic right or legal protection during its captivity. This under-valorisation process centres on what specialists dubbed “desensitization dynamic.” The captor feels little empathy for the hosted victim or feels he or she should not be considered a human being. This process has been widely studied by clinical psychology, but little is known about the desensitization process in the fields of tourism and hospitality.
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Bhabha, Jacqueline. "Targeting the Right Issue: Trafficked Children and the Human Rights Imperative." In Child Migration and Human Rights in a Global Age. Princeton University Press, 2016. http://dx.doi.org/10.23943/princeton/9780691169101.003.0005.

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This chapter examines the flourishing industry in transnational child trafficking leading to different forms of exploitative child labor in peacetime, along with its human rights implications. It begins with a discussion of important innovations in the representation of trafficked children who use the asylum protection system to secure a lawful permanent status, as well as progress in dealing with child victims of trafficking outside the asylum system. It then considers some of the complexities involved in curbing the “supply” of trafficked children, questions regarding the magnitude of human trafficking and how best to counter it, and the assumption that trafficking is simply a form of modern-day slavery. It also describes the law enforcement approach to child trafficking and public education campaigns for at-risk children about the danger of being trafficked. The chapter concludes by suggesting alternatives to existing strategies aimed at stemming the flow of trafficked children.
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Alaverdov, Emilia. "The Impact of COVID-19 on the Vulnerable Groups." In Advances in Human Resources Management and Organizational Development, 10–23. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7164-4.ch002.

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The chapter deals with the most acute situation of the 21st century caused by a new type of infectious disease called COVID-19. It highlights the situation of such vulnerable groups of society as refugees, asylum seekers, and labor migrants, which even worsens their tough living conditions. In an alarming time of global crises like the COVID-19 pandemic, major international actors are calling for increased protection of the most vulnerable groups, including victims of trafficking, migrants, and refugees, and advocate greater access to healthcare for all people regardless of their social and migration status.
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Clayton, Gina, Georgina Firth, Caroline Sawyer, and Rowena Moffatt. "12. Claims for international protection." In Immigration & Asylum Law, 435–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198848936.003.0012.

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This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.
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Conference papers on the topic "Human trafficking victims Legal status"

1

Susanti, Heni, and Syafrinaldi. "Legal Protection for Victims of Trafficking Crimes from Human Rights Aspect." In The Second International Conference on Social, Economy, Education, and Humanity. SCITEPRESS - Science and Technology Publications, 2019. http://dx.doi.org/10.5220/0009104301950201.

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Tepecik, Filiz. "Economic and Legal Aspects of Trafficking in Human Beings." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00780.

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In the next decade, trafficking in human beings is expected to be the largest part of the illegal markets such as drug and arms trafficking. Trafficking in human beings can be done in many different purposes which includes the sexual exploitation, the practices similar to slavery or servitude. The problem is becoming visible both for the Eurasian countries and for Turkey. Despite being an inhuman trade, all parties of the trafficking in human beings are rational economic agents and they are acting according to the rules of supply and demand. Therefore in this paper, this economic structure that nourish the illegal market is primarily be discussed. It is focused on the push and pull factors to this market members and this is tried to shown in a quantitative dimension of the market. Secondly, in order to combat trafficking in human beings, legal and social measures are being taken. These regulations generally aim to find and punish perpetrators, and /or protect victims of trafficking. But these regulations always cause a change of the benefits and the costs of the parties involved in trafficking in human beings. Thus the economic perspective are convenient to analyze these results. Finally, with this paper it is aimed to produce a common ground for people who want to work in this academic field.
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Indriati, Noer. "Legal Protection for Child Victims of Criminal Acts of Human Trafficking in Indonesia." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289425.

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Eviningrum, Sulistya, Hartiwiningsih, and Mohamad Jamin. "Developing Human Rights-Based Legal Protection Model on Victims of Child Trafficking in Indonesia." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.20.

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Doneva, Nada, and Aleksandra Rogleva. "SOCIAL PROTECTION OF VICTIMS OF HUMAN TRAFFICKING - LEGAL AND INSTITUTIONAL FRAMEWORK IN REPUBLIC OF NORTH MACEDONIA." In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2021. http://dx.doi.org/10.46763/scgw211103d.

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Reports on the topic "Human trafficking victims Legal status"

1

Sheridan, Anne. Annual report on migration and asylum 2016: Ireland. ESRI, November 2017. http://dx.doi.org/10.26504/sustat65.

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The Annual Report on Migration and Asylum 2016 provides an overview of trends, policy developments and significant debates in the area of asylum and migration during 2016 in Ireland. Some important developments in 2016 included: The International Protection Act 2015 was commenced throughout 2016. The single application procedure under the Act came into operation from 31 December 2016. The International Protection Office (IPO) replaced the Office of the Refugee Applications Commissioner (ORAC) from 31 December 2016. The first instance appeals body, the International Protection Appeals Tribunal (IPAT), replacing the Refugee Appeals Tribunal (RAT), was established on 31 December 2016. An online appointments system for all registrations at the Registration Office in Dublin was introduced. An electronic Employment Permits Online System (EPOS) was introduced. The Irish Short Stay Visa Waiver Programme was extended for a further five years to October 2021. The Second National Action Plan to Prevent and Combat Human Trafficking was published. 2016 was the first full year of implementation of the Irish Refugee Protection Programme (IRPP). A total of 240 persons were relocated to Ireland from Greece under the relocation strand of the programme and 356 persons were resettled to Ireland. Following an Oireachtas motion, the Government agreed to allocate up to 200 places to unaccompanied minors who had been living in the former migrant camp in Calais and who expressed a wish to come to Ireland. This figure is included in the overall total under the IRPP. Ireland and Jordan were appointed as co-facilitators in February 2016 to conduct preparatory negotiations for the UN high level Summit for Refugees and Migrants. The New York Declaration, of September 2016, sets out plans to start negotiations for a global compact for safe, orderly and regular migration and a global compact for refugees to be adopted in 2018. Key figures for 2016: There were approximately 115,000 non-EEA nationals with permission to remain in Ireland in 2016 compared to 114,000 at the end of 2015. Net inward migration for non-EU nationals is estimated to be 15,700. The number of newly arriving immigrants increased year-on-year to 84,600 at April 2017 from 82,300 at end April 2016. Non-EU nationals represented 34.8 per cent of this total at end April 2017. A total of 104,572 visas, both long stay and short stay, were issued in 2016. Approximately 4,127 persons were refused entry to Ireland at the external borders. Of these, 396 were subsequently admitted to pursue a protection application. 428 persons were returned from Ireland as part of forced return measures, with 187 availing of voluntary return, of which 143 were assisted by the International Organization for Migration Assisted Voluntary Return Programme. There were 532 permissions of leave to remain granted under section 3 of the Immigration Act 1999 during 2016. A total of 2,244 applications for refugee status were received in 2016, a drop of 32 per cent from 2015 (3,276). 641 subsidiary protection cases were processed and 431 new applications for subsidiary protection were submitted. 358 applications for family reunification in respect of recognised refugees were received. A total of 95 alleged trafficking victims were identified, compared with 78 in 2015.
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South Asia: Clarify goals and expand the reach of anti-trafficking programs. Frontiers in Reproductive Health, 2002. http://dx.doi.org/10.31899/rh2002.1014.

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Each year, a significant number of adults and children become victims of human trafficking—forced transportation within or across country borders for exploitation in the form of forced sex, labor, or other services unwillingly given. In September 2001, the Population Council collaborated with the Program for Appropriate Technology in Health and the United Nations Development Fund for Women to conduct a consultative meeting on antitrafficking programs in South Asia. About 50 participants from national and international human rights and antitrafficking organizations attended the three-day meeting, held in Kathmandu, Nepal. The meeting had three objectives: clarifying the definition of trafficking; describing the strengths and weaknesses of legal and programmatic approaches to combat trafficking in the region; and identifying methods and indicators for evaluating and improving antitrafficking interventions. As this brief states, laws to eliminate human trafficking in South Asia should uphold international covenants and human rights standards to ensure that both citizens and noncitizens receive humane treatment. Programs to oppose trafficking should develop clear objectives and indicators to demonstrate success and point out directions for future operations.
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