Journal articles on the topic 'Human trafficking victims Legal status'
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1
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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Nazarov, O. "LEGAL AND SOCIALLY-PSYCHOLOGICAL CHARACTERISTICS OF CRIMES RELATED TO TRADE PEOPLE IN THE WORLD." Theory and Practice of Forensic Science and Criminalistics 20, no. 2 (December 4, 2019): 493–504. http://dx.doi.org/10.32353/khrife.2.2019.39.
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The article is devoted to the legal and socio-psychological characteristics of crimes related to human trafficking. It is noted that this issue is reflected in various studies. It is believed that about 21 million people may be in slavery at the moment, and the income from this criminal business may be at least $ 32 billion annually. About 11. 7 million people are exploited in the Asia-Pacific region, 3. 7 million in Africa, 1. 8 million in Latin America and the Caribbean, 1. 6 million in Central and Southeast Europe, and 1 in Europe, 5 million. In the countries of the Middle East, where there is a developed economy of about 600 thousand people. About 63 international non-governmental organizations are involved in solving the problem of human trafficking in the world, accompanying and providing various assistance (social, legal, psychotherapeutic) to victims of human trafficking every day. It is noted that the oldest international human rights organization in the world, which bases its activities on the UN treaties against slavery, is the international organization Anti-Slavery International, founded in 1839 in London, United Kingdom. Painted two types of trafficking. The analysis made it possible to describe the most typical mental states of trafficked persons who are associated with the problem of mental health, namely: depression, anxiety, post-traumatic stress disorder. It is emphasized that the suffering caused to the injured individual as a result of the physical or mental impact on him by the criminals involved in trafficking in persons will require compensation for the full restoration of the victim’s mental health and the establishment of justice not only in the form of bringing to justice the perpetrators, but also in the form of non-pecuniary compensation for the harm that was inflicted by the serious crime on the victims (men, women, children). Suggestions are made to continue the work on developing a methodology for forensic psychological examination of victims of crimes related to human trafficking.
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Гальона, І. І. "WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS." Juridical science, no. 1(103) (February 19, 2020): 265–76. http://dx.doi.org/10.32844/2222-5374-2020-103-1.32.
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The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operational and investigative activities and are involved in covert investigative (investigative) activities, especially those committed by members of organized groups and criminal organizations during the pre-trial investigation. misdemeanors and criminal offenses. At the same time, improving the effectiveness of law enforcement agencies in combating trafficking in human beings requires, first of all, a significant improvement of legal norms, first of all, criminal and criminal procedure law, aimed at improving preventive measures of police and investigation and preventive responsibility for these crimes. The purpose of the study is the theoretical development and implementation of effective rules of criminal law in order to successfully prevent and investigate trafficking. It was found that a person who has been granted the status of a victim of trafficking in human beings has the right to personal security, respect, as well as free access to: information about their rights and opportunities, expressed in the language of such a person; medical, psychological, social, legal and other necessary assistance; temporary placement, at the request of the victim and in the absence of housing, in institutions for victims of trafficking, for up to three months, which if necessary may be extended by decision of the local state administration, in particular in connection with participation of a person as a victim or witness in criminal proceedings; compensation for moral and material damage at the expense of the persons who caused it, in the manner prescribed by the Civil Code of Ukraine; one-time financial assistance in the manner prescribed by the Cabinet of Ministers of Ukraine; assistance in employment, realization of the right to education and professional training.
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Shomirzayevich, Dusmurodov Obidjon. "STATUS OF EXTERNAL AND INTERNAL LABOR MIGRATION IN UZBEKISTAN." CURRENT RESEARCH JOURNAL OF HISTORY 02, no. 06 (June 30, 2021): 67–71. http://dx.doi.org/10.37547/history-crjh-02-06-15.
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In recent years, Uzbekistan has been paying serious attention to creating new jobs and ensuring the stability of existing jobs in order to increase employment and economic activity. The main focus is on reducing unemployment, ensuring the employment of graduates of educational institutions entering the labor market for the first time, increasing the employment of vulnerable groups, in particular, women, people with disabilities, convicts, victims of human trafficking, external migration and others. In this regard, the normative legal acts adopted in recent years define a number of important tasks facing the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
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Shomirzayevich, Dusmurodov Obidjon. "Status Of External And Internal Labor Migration In Uzbekistan." American Journal of Political Science Law and Criminology 03, no. 06 (June 12, 2021): 41–45. http://dx.doi.org/10.37547/tajpslc/volume03issue06-06.
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In recent years, Uzbekistan has been paying serious attention to creating new jobs and ensuring the stability of existing jobs in order to increase employment and economic activity. The main focus is on reducing unemployment, ensuring the employment of graduates of educational institutions entering the labor market for the first time, increasing the employment of vulnerable groups, in particular, women, people with disabilities, convicts, victims of human trafficking, external migration and others. In this regard, the normative legal acts adopted in recent years define a number of important tasks facing the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
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Brunovskis, Anette. "Special rights within universal welfare." Journal of Comparative Social Work 11, no. 1 (April 1, 2016): 5–37. http://dx.doi.org/10.31265/jcsw.v11i1.134.
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Over the past two decades, several measures have been developed to provide assistance to persons defined as victims of trafficking. This article describes and discusses the organization of barriers and access to assistance (such as housing, medical assistance and subsistence support) for this group in Norway, taking as its starting point the daily practice of social workers and using an institutional ethnographic approach. Of great significance to access to assistance are the different administrative statuses that trafficking victims are assigned and move between, thus having rights granted or taken away. The negotiation of these administrative categories and navigation of conflicting legislation become a central aspect of social workers’ daily practice. Persons defined as ‘trafficking victims’ are eligible for a special residence permit, while assistance in Norway in practice is provided through the universal welfare system. ‘Human trafficking’ and ‘trafficking victim’ are operational categories in criminal law and immigration legislation, but they are not administrative categories for welfare provision. Instead, being defined as a trafficking victim functions as an inroad to assignation of other administrative categories (also dependent on residence and registration statuses) that determine what assistance is or is not available. Gaps and inconsistencies between institutional and legal complexes arise when one small group of people are awarded special measure rights within a universal system, creating a bureaucratically complicated and ‘messy’ path to assistance. This ‘messiness’ does not mean that it does not always work. However, it appears to work best for those who fit well with the modern Norwegian bureaucracy, e.g. in terms of being able to document identity and stay within one administrative status, and worst for those who do not. Hence, the system for victim assistance appears to be the least accessible for some of the least privileged members of the group it is intended for.
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GREEN, Jennifer. "Closing the Accountability Gap in Corporate Supply Chains for Violations of the Trafficking Victims Protection Act." Business and Human Rights Journal 6, no. 3 (October 2021): 449–89. http://dx.doi.org/10.1017/bhj.2020.28.
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AbstractOver 40 million people around the world are victims of modern forms of slavery: forced labour and human trafficking. People are tricked into working under onerous conditions, and unable to leave or return home due to physical, psychological or financial coercion, and many of these trafficking victims produce goods for United States (US) and other multinational corporations that profit by relying on the lower wages earned by workers in their global supply chains. Well-developed legal standards prohibit these practices, and governments, intergovernmental organizations, business associations and non-governmental organizations have developed mechanisms to prevent, detect and provide redress to victims. Some businesses lead or comply with the standards and enforcement mechanisms, but too many do not. US law offers a powerful but under-utilized tool to address trafficking: the 2008 Trafficking Victims Protection Reauthorization Act (TVPRA), which imposes civil liability on those who ‘knew or should have known’ about forced labour or human trafficking in their corporate ventures. Unfortunately, courts have ignored or misinterpreted this standard, at times confusing civil and criminal provisions of the statute. Correct and vigorous legal enforcement is key to addressing the accountability gap between the well-developed standards and the continuing use of forced labour and human trafficking. This article is the first to demonstrate that, with regard to the TVPRA standard, corporations have long been on notice of both the obligation to effectively monitor labour conditions and the mechanisms that would accomplish that task. US courts must enforce the ‘knew or should have known’ standard to protect workers – the most vulnerable people in the supply chain – and to prevent an unfair competitive advantage over companies that have established compliance programmes that actually prevent and punish human trafficking and forced labour.
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Iuhas, Anca. "The Phenomenon of Trafficking in Human Beings in the International and European Documents." Analele Universității din Oradea. Seria: Relații Internaționale și Studii Europene 2022 (2020): 229–40. http://dx.doi.org/10.58603/iqzc9529.
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Trafficking in human beings is considered to be the modern slavery. In the last few decades, it has spread and is continuing to spread all across the world due to its high-demand character and also due to the complex transborder network of organised crime working underground. In order to counteract this phenomenon, there needs to be a similarly complex network of international actors, such as international organisations, states, NGOs and all the other actors involved, which intensively and efficiently cooperate in order to prevent THB, prosecute offenders and protect victims. Most counter trafficking efforts have accelerated after 2000, when the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children was adopted. Therefore, in the area of legal measures, much has been done, but in the area of gathering data, prosecution of offenders and protection and assistance of victims there is still much to be done. This article will make a general overview of the most important EU documents issued in the area of counter trafficking, in addition to the UN Protocol, assessing the legal and policy framework that is already in place in the EU concerning this aspect.
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Motseki, Morero Moses. "Justice for victims of human trafficking in Gauteng Province, South Africa." Technium Social Sciences Journal 28 (February 9, 2022): 360–69. http://dx.doi.org/10.47577/tssj.v28i1.5098.
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Human trafficking is not a new problem in South Africa and statistics have indicated that it is on the increase. The crime of human trafficking is clandestine and complex. Human trafficking is a complex issue that can be considered from different perspectives and its associated legal framework, in very general terms, states will be responsible for their own acts or omissions that breach their obligations under international law, including human rights law. This article explores and attempts to find solutions for victims of human trafficking. This study utilised a phenomenological qualitative framework following semi-structured interviews. The sampling methods adopted for this study were purposive, using snowball sampling, where the authors could identify the samples, one after the other, through references given earlier. It focused on 40 participants from the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS), the Department of Home Affairs (DHA), the Department of Social Development (DSD) and the Gauteng Provincial Office, from Pretoria, Springs and Kempton Park. The key findings indicated that the challenges are corruption, lack of motivation and commitment to combat human trafficking, lack of limited awareness and information about the human trafficking scourge in South Africa, the findings also indicated a lack of clear strategy and response by stakeholders to successfully investigate, prosecute and incarcerate the perpetrators of human trafficking and the findings further indicated lack of capacity, resources and training to deal with human trafficking. Based on the findings, the author provided, possible recommendations such as; the utilisation of advanced technology and use of intelligence-led policing to strengthen the work of stakeholders, advanced training and better education including improved awareness strategies; and the utilisation of social media as a tool to deal with human trafficking and strengthening of enforcement responses and reporting techniques.
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Oskina, E. "Political and Legal Features of the Fight Against Human Trafficking in the Conditions of Political Polarization and Hybridization." Analysis and Forecasting. IMEMO Journal, no. 1 (2022): 100–117. http://dx.doi.org/10.20542/afij-2022-1-100-117.
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The problem of human trafficking is becoming more global every year, today almost all countries of the world are affected in the chain of the country of origin - the country of destination. Third world countries due to a complex of push factors (economic difficulties, social tensions, poverty, internal wars and conflicts, etc.) are increasingly becoming countries of origin for future victims of human trafficking. Migration flows create a gray area that is difficult to regulate by legislation. It is this zone that becomes the target of criminal networks for human trafficking. Developing countries, due to a poorly organized supervisory apparatus, do not track the movement of their citizens as migrants. Developed countries, which often become the end point for further exploitation, do not make all the necessary efforts to identify victims and repatriate them. The whole complex of problems contributes to the prosperity of the human trafficking business. However, in the field of political and legal understanding of this problem, there are a large number of shortcomings. The most significant of them are the weakness of the Palermo Protocol (the most universal and comprehensive regulatory act in the fight against human trafficking), simplified identification of types of human trafficking and artificial politicization of the problem. The purpose of this article is to consider the main shortcomings of the political and legal features of the fight against human trafficking in the context of the struggle of countries for their national interests and changing means and methods of confrontation between states.
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JHA, Anupam. "The Law on Trafficking in Persons: The Quest for an Effective Model." Asian Journal of International Law 8, no. 1 (October 27, 2016): 225–57. http://dx.doi.org/10.1017/s2044251316000266.
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AbstractInternational efforts to codify the law on trafficking in persons have been evolving since the early twentieth century. This paper re-examines this journey of law and divides the existing international and domestic legal regimes into three categories: the rescue model, quasi-curative model, and curative model. The study proposes the development of an effective legal model, which may rest on the twin pillars of shared state responsibility and long-term assistance to trafficking victims. In this model, it is argued that the enunciated principles of prosecution, protection, and prevention to combat human trafficking should not be dealt with in isolation, but in combination with the concepts of state responsibility and international financial co-operation to provide long-term assistance to the victims. My central argument focuses on the suitable legal regime in which the prosecution strategy is to successfully prosecute traffickers in person, improve survivors’ protection, and reinvigorate obligations imposed on the states.
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Kumar, Surender. "Beyond the Inclusive Possibility: Understanding Human Trafficking in the Unexplored Directions. An Explorative Assessment in the Indian Context." International Journal of Law and Public Policy 4, no. 1 (March 28, 2022): 16–29. http://dx.doi.org/10.36079/lamintang.ijlapp-0401.324.
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Objectives: To study human trafficking and its typology, and various socio-cultural, political, economical triggers responsible for this sinister social reality, and also analyze gender and age-based victimization’ also simultaneously examine the international and domestic laws to combat human trafficking and its implementable capacities. Subjects and methods: The proposed examination was an exploratory, qualitative sample-based survey study. The body of data analyzed was mustered up from multiple sources, primarily from the students of University level enrolled in various studies, including social workers, community activists through convenient and judgmental sampling spread over 6 months, and the contents were analyzed. Results: Various socio-cultural, political, and economic grounds were observed for human trafficking for its various heinous purposes. Gender-based victimization and age-based victimization in the version of child trafficking were the prominent findings. The loopholes and shortcomings in various laws to shackle human trafficking were discovered. It was also further examined that most of the laws and socio-cultural ambiance are not victim-friendly and do not stop secondary victimization of the trafficked victims. Conclusion: Human trafficking has wide-ranging socio-cultural, economical, environmental, and political triggers in India; which have continued for a huge span of time in many parts and locations of the country. The nature of most of the problems resembles that in many other parts of the world. The present status and higher vulnerability of women and children in the domain of human trafficking for various purposes primarily for sexual exploitation and for cheap labor purposes suggest the need to improve legal, socio-cultural, economic, political, ecological, environmental, and developmental methods along with focused attention to local community involvement and participation.
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Kappler, Rachel, and Arduizur Carli Richie-Zavaleta. "Legislative discrepancies: an analysis of Missouri’s current human trafficking laws and the need to improve its legal protection of victims." International Journal of Human Rights in Healthcare 13, no. 2 (March 31, 2020): 143–58. http://dx.doi.org/10.1108/ijhrh-08-2019-0063.
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Purpose Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing. Design/methodology/approach This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks. Findings Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT. Research limitations/implications Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law. Practical implications If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world. Social implications From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws. Originality/value This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.
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Ventrella, Matilde. "Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States." Social Inclusion 3, no. 1 (February 23, 2015): 76–87. http://dx.doi.org/10.17645/si.v3i1.170.
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The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.
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Chapman-Schmidt, Ben. "‘Sex Trafficking’ as Epistemic Violence." Anti-Trafficking Review, no. 12 (April 29, 2019): 172–87. http://dx.doi.org/10.14197/atr.2012191211.
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While the American Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA) has been heavily criticised by researchers and activists for the harm it inflicts on sex workers, many of these critics nevertheless agree with the Act’s goal of fighting sex trafficking online. This paper, however, argues that in American legal discourse, ‘sex trafficking’ refers not to human trafficking for sexual exploitation, but rather to all forms of sex work. As such, the law’s punitive treatment of sex workers needs to be understood as the law’s purpose, rather than an unfortunate side effect. This paper also demonstrates how the discourse of ‘sex trafficking’ is itself a form of epistemic violence that silences sex workers and leaves them vulnerable to abuse, with FOSTA serving to broaden the scope of this violence. The paper concludes by highlighting ways journalists and academic researchers can avoid becoming complicit in this violence.
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Hadžić, Faruk. "Transnational Human Trafficking and Stigmatization in the Western Balkans--Bosnia And Herzegovina--Socio-Political and Economic Framework." Current Research Journal of Social Sciences and Humanities 3, no. 2 (December 30, 2020): 178–95. http://dx.doi.org/10.12944/crjssh.3.2.06.
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The study critically analyzes the root causal and consequential transnational human trafficking factors from the Balkan wars to the present, implying stigmatization discourse, gender-discriminatory climate, the role of masculinity by comprehensive bibliographic review, and insight into the socio-political and economic challenges by the participative observations and the BiH case study's, highlighting harmonization, improvement, and systemic transformation. It is a social phenomenon that requires a comprehensive (legal-social) approach, i.e., applying effective measures in terms of prevention, suppression, and the punishment of perpetrators with mandatory "regional "cooperation. Illegal economy, structural adjustment policies conditioned by international financial funds, systemic corruption, long-term transition, high unemployment, and economic migrations shape the region's economic climate and indirectly affect the state of phenomena. Ethnopolitical structures produce social (in)-stability, affecting the phenomena. Lack of political will and constant internal ethnopolitical conflicts impact the contrary course of initiatives to combat the phenomenon. Considerable attention to victims' social construction in judicial and social capital is critical due to the effects of destructive representation of misogyny elements on perpetuating sexist stereotypes that harm victims and further exploiting. Stigma in social justice significantly affects victimization dynamics, intertwining cultural, legal, conservative patterns, and structural violence continuation. The Western-Balkan states' legal double standards towards prostitution are discriminatory. Implementing adequate programs to reduce stigmatization while increasing institutional and general public exposure to victims who have made successful reintegration could be a productive aspect of the systemic transformation. Western-Balkan gender-discriminatory climate and masculinity's role in establishing an ethnonational political community based on conservative values remain insufficiently explored. Given the challenges of the current migrant crisis, the political level can ensure a coherent and coordinated EU and Western Balkans strategy in harmonizing and improving the existing normative solutions.
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Sweet, Victoria. "Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in the Circumpolar Region of the United States and Canada." Yearbook of Polar Law Online 6, no. 1 (March 11, 2014): 162–88. http://dx.doi.org/10.1163/1876-8814_007.
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Among indigenous people around the world, human trafficking is taking a tremendous toll. While trafficking is not an exclusively indigenous issue, disproportionately large numbers of indigenous people, particularly women, are modern trafficking victims. In Canada, several groups concerned about human trafficking have conducted studies primarily focused on the sex trade because many sex workers are actually trafficking victims under both domestic and international legal standards. These studies found that First Nations women and youth represent between 70 and 90% of the visible sex trade in areas where the Aboriginal population is less than 10%. Very few comparable studies have been conducted in the United States, but studies in both Minnesota and Alaska found similar statistics among U.S. indigenous women. With the current interest in resource extraction, and other opportunities in the warming Arctic, people from outside regions are traveling north in growing numbers. This rise in outside interactions increases the risk that the indigenous women may be trafficked. Recent crime reports from areas that have had an influx of outsiders such as Williston, North Dakota, U.S. and Fort McMurray, Alberta, Canada, both part of the new oil boom, demonstrate the potential risks that any group faces when people with no community accountability enter an area. The combination of development in rural locations, the demographic shift of outsiders moving to the north, and the lack of close monitoring in this circumpolar area is a potential recipe for disaster for indigenous women in the region. This paper suggests that in order to protect indigenous women, countries and indigenous nations must acknowledge this risk and plan for ways to mitigate risk factors.
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Polyanskaya, E. M. "Optimization of combating crimes against human freedom at the level of key international organizations in the post-Soviet space (Commonwealth of Independent States and the Eurasian Economic Union)." Juridical Journal of Samara University 8, no. 1 (June 5, 2022): 40–48. http://dx.doi.org/10.18287/2542-047x-2022-8-1-40-48.
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This article is devoted to the analysis of combating crimes against human freedom, carried out at the level of key international organizations in the post-Soviet space (the Commonwealth of Independent States and the Eurasian Economic Union). A number of documents were considered, including the Interstate Program of Joint Measures to Combat Crime for 20192023, which does not mention the use of slave labor, which the author considers a significant shortcoming of international legal regulation. It was proposed to unify the concept of human trafficking. The article analyzes the possibility of supplementing the Criminal Code of the Russian Federation with a novel about the release from criminal liability of victims of certain conventional crimes.
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Coulter, Kiera, Samantha Sabo, Daniel Martínez, Katelyn Chisholm, Kelsey Gonzalez, Sonia Bass Zavala, Edrick Villalobos, Diego Garcia, Taylor Levy, and Jeremy Slack. "A Study and Analysis of the Treatment of Mexican Unaccompanied Minors by Customs and Border Protection." Journal on Migration and Human Security 8, no. 2 (April 22, 2020): 96–110. http://dx.doi.org/10.1177/2331502420915898.
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Executive Summary The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.
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Boyle Laisure, Robin. "Preventing Predatory Alienation by High-Control Groups: The Application of Human Trafficking Laws to Groups Popularly Known as Cults, & Proposed Changes to Laws Regarding Federal Immigration, State Child Marriage, & Undue Influence." International Journal of Coercion, Abuse, and Manipulation 2 (November 10, 2021): 27–40. http://dx.doi.org/10.54208/0002/004.
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In this article, I summarize some of the significant legal developments in the United States that have taken place within the past year. First, United States v. Raniere was a criminal case launched against the founder of a purported self-help organization, NXIVM, and several of his associates. The Raniere case established precedent for using the human-trafficking statutes, among other grounds, to pursue justice for victims of high-demand groups. Second, the number of asylum seekers is increasing annually, and some of these undocumented immigrants are escaping from their countries-of-origin cults, gangs, and other extremist groups. However, once they arrive in the United States, there are many statutory and court-imposed requirements for establishing asylum; lawmakers should clarify or eliminate some of these requirements in order to fulfill the original purpose of the Immigration and Nationality Act. Third, setting the minimum age for marriage would help to reduce the number of child brides who are often pressured by cults and high-control groups.Fourth, still in need of refinement is the legal theory of “undue influence,” which potentially could aid cult victims in civil lawsuits against overreaching organizations and individuals. And finally, pending in the New Jersey legislature is the Predatory Alienation Bill, which calls for ongoing public-awareness campaigns, alienation counseling, and other remedies.
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Siegle, Patrick Joseph. "The Non-Punishment Principle as Cornerstone of a Robust European Modern Slavery Law Framework." European Criminal Law Review 12, no. 2 (2022): 178–89. http://dx.doi.org/10.5771/2193-5505-2022-2-178.
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A significant ruling by the European Court of Human Rights (ECtHR) in 2021 (V.C.L. and A.N. v UK) reinvigorated the principle of non-punishment as a paramount tool in the prevention of modern-day slavery. This article attempts to crystallise how the principle can aid in recentring victims of human trafficking and other forms of physical and psychological abuse and, therefore, diminish the susceptibility of vulnerable people becoming such victims in the first place, disguised as perpetrators themselves, although being exploited for criminal activity. While ending impunity through criminalisation is one important tool in combating the existence of modern slavery (I), states need to incorporate other stipulations into their national legislation in order to provide a robust framework (II). The most crucial of these ingredients is the principle of non-punishment, which needs to be understood as an all-englobing shield applicable to all stages of criminal investigations. The principle needs to gain a more authoritative standing in national and European legal frameworks, as shall be demonstrated in the comparison between a deficient 2015 ruling by the High Court of Ireland and the ECtHR’s 2021 V.C.L. and A.N. v UK decision (III).
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Sirait, Yohanes Hermanto, and Dian Narwastuty. "Dari Pelaku ke Korban Penyelundupan Pekerja Migran Sukarela: Pilihan Hukum Internasional atau Hukun Indonesia." Legitimasi: Jurnal Hukum Pidana dan Politik Hukum 11, no. 1 (August 16, 2022): 16. http://dx.doi.org/10.22373/legitimasi.v11i1.13722.
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Abstract: Migrant smuggling and human trafficking are two actions that are often equated. Though both are distinct in terms of profit and purpose. Migrant smuggling can occur because of consensus between migrants and smugglers. In contrast to the perpetrators, international law encourages the non-criminalization policy to migrant. However, the practice of countries including Indonesia still provides chance for criminalization of migrants. This study aims to examine the impact of migrants volunteering to be smuggled in as victims. Furthermore, the potential for migrants to be punished for violating the rules for entering without a permit into a country is also studied. This research was conducted doctrinally using primary, secondary, and tertiary legal materials. The results showed that the volunteering of migrants to be smuggled should not their status to become perpetrators in perspective of international law. It means that migrants should be punished for being smuggled. However, national laws, including those regulated in Indonesia, still allow migrants to be punished for violating the rules regarding entry permits such as the use of fake documents. This shows the lack of consistency in national laws to adopt non-criminalization policies towards migrants.Abstrak: Penyelundupan migran dan perdagangan orang adalah dua tindakan yang kerap dipersamakan. Padahal keduanya berbeda dari sisi keuntungan dan tujuan. Penyelundupan migran dapat terjadi karena adanya konsensus antara migran dengan pelaku penyelundupan. Berbeda dengan pelaku, hukum internasional mendorong kebijakan non-kriminalisasi terhadap migran. Namun sayangnya, praktik negara termasuk Indonesia masih memberikan ruang untuk kriminalisasi terhadap migran. Penelitian ini bertujuan mengkaji dampak kesukarelaan migran untuk diselundupkan sebagai korban. Lebih lanjut, dikaji juga potensi migran dipidana karena melanggar aturan masuk tanpa izin ke suatu negara. Penilitian ini dilakukan secara doktrinal menggunakan bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukan bahwa kesukarelaan migran untuk diselundupkan tidak membuat status dan kedudukannya berubah menjadi pelaku. Konsekuensinya, migran tetap tidak boleh dipidana dengan alasan apapun. Namun hukum nasional termasuk yang diatur di Indonesia masih memungkinkan migran dipidana karena melanggar aturan terkait izin masuk seperti penggunaan dokumen palsu. Hal ini menunjukan kurang konsistennya hukum nasional mengadopsi kebijakan non-kriminalisasi terhadap migran.
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Lewoleba, Kayus Kayowuan, and Beniharmoni Harefa. "Legal Protection for Child Victims of Human Trafficking." International Journal of Multicultural and Multireligious Understanding 7, no. 2 (March 4, 2020): 111. http://dx.doi.org/10.18415/ijmmu.v7i2.1470.
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Human trafficking criminal act is, until now, a form of human slavery. Human trafficking is one of the worst treatments and a violation of human honor and dignity, and is automatically a violation of human rights. This paper aims at describing factors which cause child trafficking many occurring recently and the efforts to prevent child trafficking. This normative juridical research employs a statute approach and a case approach. The research finds that child victims of trafficking are trafficked for various forms of exploitation from sexual exploitation (organized prostitution), forced labor, slavery and other slavery practices. The efforts to prevent child trafficking are regulated through various laws and regulations, such as Law Number 35 of 2014 concerning the Amendment to Law Number 23 of 2002 concerning Child Protection. The factors to cause child trafficking are lack of awareness, poverty, culture, lack of education and weak law enforcement.
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Mahardika, Angga Putra, and Sonny Saptoajie Wicaksono. "Human Trafficking and Migrant Workers: Analysis of Indonesian Migrant Workers Protection in Overseas." Law Research Review Quarterly 6, no. 2 (May 16, 2020): 173–80. http://dx.doi.org/10.15294/lrrq.v6i2.37366.
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The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.
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Palmisano, Giuseppe. "Trattamento dei migranti clandestini e rispetto degli obblighi internazionali sui diritti umani." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2009): 509–39. http://dx.doi.org/10.3280/dudi2009-003005.
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- The legislative and operational measures recently adopted by Italy in order to prevent and repress clandestine immigration raise the problem of their consistency with Italy's international obligations conncerning the protection of human rights. With a view to assessing the actual terms of such a problem, contents and extent of the protection to be afforded to irregular migrants, under the international law of human rights, must be preliminarily determined. Considering the specific legal situation of Italy, in the light of its participation both to the European Convention of Human Rights and to the International Covenants on Human Rights, as well as to many other conventions dealing with the protection of human rights, it clearly turns out that Italy is internationally bound to respect and protect a number of basic rights of irregular migrants. Such rights include, at the very least, the right to life, the right not to be subjected to torture (or to cruel, inhuman, or degrading treatment), and the right not to be subjected to arbitrary arrest or detention. Respect for such rights also implies an absolute non-refoulement obligation, that is an obligation not to expel or return an irregular migrant to another State where there is an actual risk that his or her rights would be violated. Moreover, basic rights of clandestine immigrants include the right to family unity, the right not to be subjected to collective expulsion, and (closely linked with this latter right) the right to a fair and transparent procedure of expulsion or repatriation, implying a reasonable and objective examination of the particular case of each individual. Turning to economic, social and cultural rights, an internationally lawful treatment of irregular migrants requires compliance with international obligations protecting the right to health and medical care, the right to primary education, and some core labour rights. The principle of non discrimination plays obviously a crucial role in view of correctly implementing all these international obligations with respect to the specific situation of irregulars migrants. Lastly, special and stronger human rights protection is required when the irregular migrants are children, or victims of trafficking in persons. In the light of the international human rights obligations which are applicable to the peculiar situation of irregular migrants, some of the legislative and operational measures adopted by Italy to struggle against clandestine immigration seem indeed to be inconsistent not only with such obligations (and with the increasing international trend towards the "non criminalization" of clandestine immigrants by reason of their irregular position), but also - at least in part - with the EU legal standards provided for by the recent 2008/115/EC Directive on common standards and procedures for returning illegally staying third-country nationals. This seems to be true, for example, with regard both to the new Article 10 bis inserted in the Legislative Decree n. 286 on immigration, introducing the crime of clandestine immigration, and to the new paragraph 11 bis of Art. 61 of the Criminal Code, introducing a general aggravating circumstance consisting in the irregular status of the immigrant author of a crime. But this seems particularly true and blameworthy with regard to the practice of intercepting crumbling boats full of migrants on the high seas and coercively driving them back to Libya.
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Armeanu, Andrei. "LEGAL PROTECTION AND SOCIAL REINTEGRATION OF HUMAN TRAFFICKING VICTIMS." Agora International Journal of Juridical Sciences 13, no. 2 (January 21, 2020): 1–7. http://dx.doi.org/10.15837/aijjs.v13i2.3794.
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As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania.
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Suratman, Teguh, and Wika Yudha Shanty. "Rehabilitasi sebagai Upaya Penanganan dan Pemulihan Penyalahguna dan Pecandu Narkotika." Bhirawa Law Journal 2, no. 2 (November 29, 2021): 157–66. http://dx.doi.org/10.26905/blj.v2i2.6823.
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Narcotics abuse today has hit a part of the population in all countries, including Indonesia. Abusive behavior has an increasing trend, therefore to combat and overcome it is the responsibility of all elements of society and the nation. Narcotics are substances Kata kunci: Rehabilitasi, Penanganan, Narkotika Bhirawa Law Journal | 254 | Volume 2, Issue 2, November 2021 1. Latar Belakang Dewasa ini penyalahguna dan pecandu narkotika telah menjadi kebiasaaan negatif yang melanda dunia, tidak ada negara manapun yang terbebas dari pengaruh negatif penyalahgunaan narkotika, oleh karena itu, efek negatif narkotika menjadi persoalan dunia, musuh semua umat manusia, sehingga menjadi isu penting yang melanda dunia. Untuk mengatasi persoalan ini, Persirikatan Bangsa Bangsa sebagai lembaga dunia telah mengeluarkan Resolusi No 42/112 tanggal 7 Desember 1987, telah menetapkan bahwa setiap tanggal 26 Juni diperingati sebagai Hari Anti Narkotika Internasiponal (International Day Against Drugs Abuse and Illicit Trafficking), Hal ini sesungguhnya merupakan tonggaksejarah peristiwa penting dunia terkait dengan bahaya penyalahgunaan narkotika. Peringatan ini sebagai peringatan, agar diketahui kemudian diratifikasi oleh seluruh negara anggotan PBB, oleh karena itu semua negara saling bahu membahu untuk mengatasi dampak negatif narkotika. Tidak ada satu negarapun di dunia yang bebas dari pengaruh negatif narkotika, begitu juga Indonesia. Penanganan permasalahan narkotika di Indonesia telah dilakukan secara intensif, masif, integratif dengan cara interdisipliner dan multi disipliner. Berbagai kasus kejahatan narkotika baik skala besar, menengah maupun kecil berhasil diungkap oleh aparat penegak hukum, bersama-sama dengan masyarakat. Para pelaku tindak pidana termasuk penyalahguna dan pecandu narkotika diproses hukum dijatuhi sanksi/hukuman sesuai dengan ketentuan hukum positif yang berlaku (Anang, 2015). Dari perspektif hukum, penyalahguna dan pecandu narkotika dikelompokkan ke dalam dua, yaitu sebagai pelaku dan sebagai korban. Sebagai pelaku sikap batin/mens rea yang melekat pada dirinya adalah jahat/evil mind/quilty mind. Di sisi lain, ada pelaku penyalahguna dan pecandu dikualifikasi sebagai korban karena ketidaktahuan atau pengaruh orang lain yang tidak dapat or drugs, whether natural, synthetic, or semi-synthetic, when they are consumed they cause a decrease in consciousness, hallucinations, and arousal for the wearer. Therefore, its use is regulated in such a way in the legislation. Nevertheless, narcotics abusers and addicts tend to increase, as perpetrators and victims who are most directly affected by physical, spiritual, economic, productivity, social and so on health. Narcotics problems, apart from being dangerous for the individual users, their families, and the community, are also dangerous for the nation and the state so that the Government of Indonesia has a commitment to make efforts to prevent, eradicate narcotics abusers and guides, as well as the illicit trafficking of narcotics in a comprehensive and multidimensional manner with active community involvement. . In the Indonesian legal system, the decriminalization policy has been rolled out, rehabilitation efforts for narcotics abusers and addicts are to restore human dignity that has fallen into the legal abyss so that they can return to normal and be productive again in the activities of social life. Narcotics abusers and addicts who know no age limit, social status/strata, and so on, show how big and wide their negative effect is on society. Today, the quality and quantity of narcotics abusers and addicts are increasingly sophisticated and increasing. Efforts to rehabilitate abusers and addicts are actually the ultimum remidium that are expensive, are expected to be able to return to life in a healthy, normal way and can take part in realizing the ideals of the state and nation
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Prasetya, Yuda. "Legal Analysis Of Human Trafficking Case As A Transnational Organized Crime That Is Threatening State Security." Lex Scientia Law Review 4, no. 1 (May 9, 2020): 143–50. http://dx.doi.org/10.15294/lesrev.v4i1.38635.
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Human trafficking is a form of transnational crime. One of the cases that occurred in 2019 was the torture of one of the Female Workers even being made a sexual gratification is one proof of the cruelty of human trafficking. Several Conventions have been held to prevent human trafficking. The UN in 2000 issued the Palermo Protocol on Preventing, Eradicating and Punishing Trafficking in Persons. The perpetrators of human trafficking have violated human rights because of exploitation. The Government of Indonesia issued The Act Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons as an action to prevent trafficking in persons. Efforts to protect victims are also carried out by protecting, helping to resolve victims' problems and repatriating victims.
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AS, Yenny, Nurfitriawati Nurfitriawati, Klara Dawi, and Sri Ayu Septinawati. "Legal Protection for Human Trafficking Victim, Especially Women and Children in West Kalimantan." International Journal of Multi Discipline Science (IJ-MDS) 1, no. 1 (February 27, 2018): 42. http://dx.doi.org/10.26737/ij-mds.v1i1.419.
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<p><em>West Kalimantan Province, as one of provinces in Indonesia which has specific geographical condition is bordering with East Malaysia through official Cross-Border Post between Entikong and Tebedu, Badau and Lubuk Antu, Aruk and Biawak, and no less than fifty path ways (not official) can be passed to get in and get out to and from East Malaysia region. This geographical encouraged trafficking improvement to abroad with various modes. In fact, trafficking was affected by many factors, including stigma, poverty, lack of education, family resilience, and other factors, where women and children are the victim. The aim of this research to reveal how is the legal protection for the victim. Although there were many studies had been done about it, but the focus of this research is the obstacles face to give legal protection for the victims of trafficking in West Kalimantan border, where the top of the problem is victims role, sometimes they don’t realize that they are the victims, so legal protection effort as stipulated in Trafficking Rules was not optimal. Through socio-legal research found an interesting thing, the lack of victim realized they were victims who have to get legal protection, so complicated a legal assistant for legal effort. Beside of that, trafficking as transnational crime and organized, it is complicated for legal enforcement, because of trafficking perpetrators are in the state border cross.</em><em> </em><em>The abstract contains: research objectives, implementation methods, analysis techniques and activity results. Typed with font Times New Roman letter 11, single space, and italicized.</em><em></em></p>
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Simatupang, Nursariani. "The Prevention of Children as Victims of Human Trafficking." Randwick International of Social Science Journal 2, no. 3 (July 31, 2021): 269–74. http://dx.doi.org/10.47175/rissj.v2i3.248.
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Trafficking in persons is a crime that often occurs. Children are very vulnerable to become victims of human trafficking. Child trafficking is an act that is very inhumane and destroys the future of children. Child trafficking is usually carried out by persuasion, making promises, and deceiving the victims. Therefore, precautions must be taken to minimize child trafficking. To prevent this, several efforts were made, including improving the family economy, creating a harmonious family, increasing religious understanding, negative impacts and legal consequences of child trafficking, increasing supervision on children, keeping children away from hedonistic lifestyles and consumptive behavior, getting to know children's social environment, increasing children's education and skills.
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Hendriana, Rani, Rindha Widyaningsih, and Dessi Perdani Yuris Puspita Sari. "LEGAL PROTECTION TO WOMEN AND CHILDREN AS HUMAN TRAFFICKING VICTIMS IN VICTIMOLOGY PERSPECTIVE (Study in Banyumas Region)Ω." Jurnal Dinamika Hukum 17, no. 3 (October 24, 2017): 281. http://dx.doi.org/10.20884/1.jdh.2017.17.3.1200.
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Legal protection to women and children as human trafficking victims in Banyumas, to date, has not been viewed in victimology perspective. Intriguing issues have been analyzed regarding legal protection and factors that tend to inhibit its implementation in victimology perspective. This study used a qualitative research method and sociological juridical approach. The results showed that the third goal of victimology has not been reached, in which the legal protection is not yet fully leads to the needs of victims. The main factor that tends to influence is the correlation between the victim’s fault in the occurrence of human trafficking and the victim's response to legal protection, while other inhibiting factors are the legal structure, legal substance, and society legal culture.Keywords: legal protection, women, children, human trafficking, victimology
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Sukatma, Susandhi. "PERLINDUNGAN HUKUM KORBAN TINDAK PIDANA PERDAGANGAN MANUSIA (HUMAN TRAFFICKING) DALAM PERSPEKTIF PENEGAKAN HUKUM." NATIONAL JOURNAL of LAW 6, no. 1 (April 10, 2022): 758. http://dx.doi.org/10.47313/njl.v6i1.1679.
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<div>Human trafficking, nowadays, is a problem that attracts the attention of the</div><div>public, both nationally and internationally. Various efforts have been made to</div><div>prevent the practice of human trafficking. Normatively, legal rules have been</div><div>created to prevent and overcome human trafficking. However, human trafficking</div><div>is still ongoing. Trafficking in persons is a form of crime against humanity.</div><div>The purpose of this study is to analyze law enforcement against the crime</div><div>of human trafficking in Indonesia. And to analyze the legal protection of victims of human trafficking in Indonesia. The research method is a normative research</div><div>because specifically this research aims to provide an overview of the protection of victims of the crime of human trafficking in the perspective of Law no. 21 Year</div><div>2007.</div><div>The results of the study indicate that the birth of Law no. 21 of 2007</div><div>concerning the Eradication of the Criminal Act of Trafficking in Persons is a form</div><div>of law enforcement for the criminal act of trafficking in persons whose contents</div><div>include several things, namely: (1) the criminal act of trafficking in persons; (2)</div><div>other criminal acts related to the crime of trafficking in persons; (3) investigation, prosecution and examination in court; (4) witness and victim protection; (5) prevention and treatment; and (6) international cooperation and community</div><div>participation. Protection of victims of criminal acts has 2 (two) meanings, namely: 1) legal protection not to become victims of criminal acts; 2) protection to obtain legal guarantees/compensation for the suffering/loss of people who have become victims of criminal acts.</div>
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Abdullah, Rahmat Hi. "Tinjauan Viktimologis Terhadap Tindak Pidana Perdagangan Orang (Human Trafficking)." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (October 30, 2019): 55–63. http://dx.doi.org/10.24123/yustika.v22i01.1958.
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Victims are an important element in the continuation of legal evidence as a victim witness or reporter. As is the case with the problem of human trafficking crime. Victimology with its various kinds of views extends the criminal etiological theories needed to understand the existence of crime as a better structural and non-structural victimization. besides the views in viktimology encourage people to pay attention and serve each party who can be victims of mental, physical, and social. From the explanation of the victim's typology and the factors that led to the crime of trafficking in persons, it was concluded that there were three types of victims of trafficking in persons, namely Latend or Prodisposed Victims who were economic contributors. Participating Victims were victims who because the cause is a low education factor, and False Victims which is being a victim because the cause is a consumptive behavior factor.
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Sibley, Marcus A., and Emily van der Meulen. "Courting Victims: Exploring the Legal Framing of Exploitation in Human Trafficking Cases." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 37, no. 3 (December 2022): 409–29. http://dx.doi.org/10.1017/cls.2022.20.
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AbstractThis article examines how exploitation informs judicial interpretations of human trafficking in Canadian criminal cases. While socio-legal and popular notions of trafficking often suggest that forced movement into a decidedly exploitative labour context is required, our analysis of key appellate cases and constitutional challenges reveals that actual exploitation is not a necessary element of the offence. Instead, the trafficking in persons provision criminalizes the intent to exploit, while requiring the court to adopt an “objective” assessment of whether a reasonable person in the complainant’s circumstances could potentially fear for their safety in the context of providing (sexual) labour. We argue that this objective standard contributes to a gendered hierarchy of legal knowledge and ultimately privileges the perceived masculinized rationality of the courts and legal actors while rendering the subjective experiences of complainants as less central to the prosecution of human trafficking.
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Laksana, Andri Winjaya. "Pelaksanaan Pemeriksaan Terhadap Pelaku Penyalahguna Narkotika Dengan Sistem Rehabilitasi di Badan Nasional Narkotika Propinsi Jawa Tengah." Jurnal Pembaharuan Hukum 3, no. 2 (August 1, 2016): 253. http://dx.doi.org/10.26532/jph.v3i2.1454.
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Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.
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Gueraldi, Michelle. "Human trafficking and challenges to States’ compliance with International Human Rights Law: The case of Brazil." Cultural Dynamics 25, no. 2 (July 2013): 165–81. http://dx.doi.org/10.1177/0921374013498140.
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This article identifies some challenges faced by the Brazilian State in eradicating human trafficking. International Human Rights Law is the instrument I adopt as a conceptual paradigm for analysis of the State’s conduct, arguing that Brazilian National Policy implemented since 2008 does not meet the preventative needs, the repression of perpetrators, nor victim protection as proposed by International Human Rights Law. The conduct of State powers shows that human trafficking is still conceived as a criminal offense, rather than as a human rights violation. Existing published Brazilian studies commonly approach human trafficking in terms of criminal law. I analyze it under the umbrella of International Human Rights Law, disassociating human trafficking from an exclusively feminist approach, and describing it in terms of a global human rights violation pattern related to international migration flows. I emphasize some interior legal concepts commonly overlooked by juridical doctrine, such as vulnerability and exploitation, with attention to cultural attitudes that help determine policy.
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Aronowitz, Alexis A., and Elif Isitman. "Trafficking of Human Beings for the Purpose of Organ Removal: Are (International) Legal Instruments Effective Measures to Eradicate the Practice?" Groningen Journal of International Law 1, no. 2 (December 5, 2013): 73. http://dx.doi.org/10.21827/5a86a79483992.
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Organ trafficking is perhaps the most obscure form of human trafficking. It is an international problem with transnational dimensions and involves the intersection between the world of organized crime, impoverished organ donors, sick recipients and unscrupulous medical staff. This article starts out by exploring the global patterns of organ trafficking, highlighting the physical and psychological harm caused to victims. The statistics on organ transplants and patterns of organ trafficking as well as the social, economic and legal dimensions of this type of crime are examined. The article subsequently continues with a discussion of the domestic, regional and international legal and semi-legal instruments established to battle organ trafficking and reflects upon whether or not these instruments are effective in curtailing this growing problem. The article ends with a discussion of alternative approaches to deal with the problem of organ trafficking and makes a case for more problem-driven solutions, such as increased extra-legal measures, international cooperation and a focus upon the causes and victims of organ trafficking rather than focusing upon criminal law alone.
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Suwetty, Awaliyah Muslimah, Kornelis Nama Beni, Titin Andri Wihastuti, and Asti Melani Astari. "Harapan korban trafficking terhadap dukungan pemerintah di Nusa Tenggara Timur - Indonesia: Studi kualitatif." FLOBAMORA 3, no. 1 (August 14, 2020): 49–56. http://dx.doi.org/10.46888/flobamora.v3i1.33.
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The problem of trafficking is a global problem that has a negative impact on the survival of victims. East Nusa Tenggara is one of the provinces in Indonesia that has been categorized as an emergency area for trafficking cases. The poverty and the limited employment opportunities in the NTT region are one of the factors in the increasing cases of trafficking. Trafficking victims need attention from the government for their survival. The role of government and stakeholders to victims of human trafficking is needed to protect and guarantee the rights of victims. This study aimed to explore the expectations of victims of human trafficking regarding government support in handling victims of human trafficking in East Nusa Tenggara-Indonesia. This study used a phenomenological interpretive approach. Six participants were selected using purposive sampling method. Participants were invited to attend in-depth interviews guided by semi-structured interview guidelines. The interview then recorded then analyzed followed by Interpretative Phenomenological Analysis (IPA). The process began with reading the transcript repeatedly to find keywords from each participant, and then classified into categories and themes that have the same meaning. Five sub-themes were identified, including 1) freeing Indonesian workers from the dangers of trafficking, 2) completing the legal process of all cases in human trafficking, 3 ) preparing employment opportunities, 4) criminals in human trafficking were equally followed a legal process, 5) promoting socialization to the community. Social support from the government is essential. The government plays important role in capturing the hopes of victim, including restitution, compensation, rehabilitation and personal satisfaction in order to regain their rights. Furthermore, all policy makers, law enforcers, community organizations, professional organizations and researchers / academics should take adequate role in efforts to prevent trafficking cases.
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Mashdurohatun, Anis, and Wa Ode Khatija Rasia. "LEGAL PROTECTION OF CHILDREN AS VICTIMS OF HUMAN TRAFFICKING BASED ON JUSTICE VALUE." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 149. http://dx.doi.org/10.26532/jph.v4i2.1739.
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The purpose of this study is to examine and analyze f actor Factors affecting the legal protection of children as victims of human trafficking and formulating legal protection based on values of justice.Method The approach used in this study is normative, where the source data comes from secondary data, which consists of primary legal materials, secondary and tertiary. The results found that thefactors that most influence the occurrence of the crime of trafficking of children is a factor of economic and cultural factors. P potential protective laws against child as a victim of human trafficking based on values of justice, in a preventive form a variety of legislation, cooperation and coordination between state agencies, international cooperation and conduct socialization to the public about the dangers of human trafficking crimes. And repressively impose sanctions that are oriented to the victim.
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Heywood, Loria-Mae. "Before Saying “I Do”: Legal and Policy Considerations for Facilitating Clarity on Human Trafficking and the Protection of Children in Albania." Violence and Victims 35, no. 3 (June 1, 2020): 285–306. http://dx.doi.org/10.1891/vv-d-19-00067.
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Data available on victims of human trafficking in Albania does not appear to point to a significant problem of human trafficking in the country. For example, from the years 2016 to 2018, 61 persons were officially determined to be victims of human trafficking, in a context where the average population for that period was 2,871,978 persons. However, beneath this representation of an ostensible average level of trafficking in Albania are signs which seem to be suggestive of a more serious problem in the country. Reports, for example, indicate that authorities have sometimes associated trafficking with a transnational element, while challenges have continued to be posed to the identification of those involved in forced begging, particularly unaccompanied children, street children, and children crossing borders. In addition to highlighting and assessing evident challenges that exist in the identification of real and potential victims of trafficking and the gaps that exist in the protection of children and vulnerable groups in law and in practice, this report provides clarity on the meaning of human trafficking and what could be done to provide a clearer picture of victims of trafficking in Albania. As Albania is being considered for accession negotiations in respect of entry into the European Union, the time is opportune to address challenges and gaps to the prevention and response to trafficking particularly given the European Commission's concerns on human trafficking and child trafficking in Albania.
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Muraszkiewicz, Julia. "The Relationship Between Human Rights Violations and Human Trafficking." Slavery Today Journal 3, no. 1 (August 2016): 39–55. http://dx.doi.org/10.22150/stj/yxse7432.
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Human trafficking is lucrative crime, often trans border, affecting every country in the world. In the course of this crime victims are subjected heinous experiences. Consequently the crime has been described as a grave violation of human rights. However, there are those that question the legal nature of trafficking in human beings, and whether it really is a violation of human rights. This article explores the relationship between human trafficking and human rights, and analyses what are the impacts of that relationship on State’s duties to fight the crime.