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1
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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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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Simeunovic-Patic, Biljana, and Sanja Copic. "Protection and Assistance to Victims of Human Trafficking in Serbia: Recent Developments." European Journal of Criminology 7, no. 1 (January 2010): 45–60. http://dx.doi.org/10.1177/1477370809347942.
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The paper reviews recent developments in the system of protection, assistance and support of victims of human trafficking in Serbia. The establishment of the Agency for Co-ordination of Protection of Victims of Trafficking in Human Beings in 2003, the issuing of the Instruction on Conditions for Obtaining Temporary Residence Permit for Foreign Citizens — Victims of Trafficking in Human Beings by the Minister of Interior in 2004, and the adoption of the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia in 2006 are important steps forward. Notable improvement has been achieved in the protection of victims as injured parties/witnesses in criminal proceedings. However, despite the respectable efforts made so far, further improvements to the system and mechanisms of victim protection in Serbia are still needed, particularly in terms of developing support for and protection of child victims.
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Haynes, Christine, Bruce M. Bird, Mark Wills, and Adam Cleek. "Taxation Of Mandatory Restitution Received By Victims Of Human Trafficking." Journal of Business & Economics Research (JBER) 12, no. 1 (December 31, 2013): 29. http://dx.doi.org/10.19030/jber.v12i1.8374.
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<p>In Notice 2012-12, the Internal Revenue Service announced that awards of mandatory restitution received by victims of human trafficking under 18 U.S.C. 1593 of the Trafficking Victims Protection Act of 2000 are excluded from gross income. This article examines the basic provisions of the Trafficking Victims Protection Act of 2000, the calculation of mandatory restitution, publicly available resources involving human trafficking, and the taxability of damages involving physical versus nonphysical injury under civil law.</p>
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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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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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Llain Arenilla, Shirley, and Sara Patricia Guzmán Suárez. "International protection for refugee’s victims of human trafficking." Revista de Derecho Uninorte, no. 42 (2014): 285–311. http://dx.doi.org/10.14482/dere.42.6789.
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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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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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Horáková, Magdaléna, and Barbara Pavlíková. "VICTIMS OF HUMAN TRAFFICKING IN THE SYSTEM OF SUPPORT AND PROTECTION IN SLOVAKIA." CBU International Conference Proceedings 6 (September 27, 2018): 601–8. http://dx.doi.org/10.12955/cbup.v6.1220.
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Introduction: Studies aimed at supporting or protecting victims of human trafficking are rare, although this is a current issue with global overlap. The aim of this work is to identify the specifics of the victims who use the services of organizations under the Program for Support and Protection of Victims of Human Trafficking in Slovakia.Methods: This research study was conducted using the method of content analysis of interviews with workers of organizations providing services under the Program for Support and Protection of Victims of Human Trafficking in Slovakia and documents issued by the Ministry of the Interior of the Slovak Republic (MoI SR) in 2010-2017.Results: 210 victims of human trafficking included in the Program for Support and Protection of Victims of Human Trafficking were identified in the monitored period - 111 women and 99 men. From the perspective of origin, the area of the Eastern Slovakia was most prevalent. The demographic environment (village, district town, municipal city) did not play a significant role. The most common purpose of human trafficking was sexual exploitation and forced labour. There is no systematic approach in addressing the issue.Conclusion: The creation of a pilot field social work program for victims of human trafficking using case management would help take into account the specificities of human trafficking victims. The program would allow for coordinating the services that might provide a solution to the problem of a trafficked person At the same time, by using case management, we can prevent the provision of the same services to the client by several organizations and increase the likelihood of a successful solution to the client´s situation and work efficiency.
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Shahadat Hossain, Mohammad. "PROTECTIONS OF THE VICTIMS OF HUMAN TRAFFICKING UNDER THE PREVENTION AND SUPPRESSION OF HUMAN TRAFFICKING ACT, 2012." EPH - International Journal of Humanities and Social Science 8, no. 12 (December 3, 2022): 1–10. http://dx.doi.org/10.53555/ephhss.v8i12.1940.
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This study mainly focuses on the available protections for the victims of human trafficking provided by the Prevention and Suppression of Human Trafficking Act, 2012 of Bangladesh. Because, human trafficking victims in most of the cases remain with vulnerable condition and in highly need of urgent protection for their survival. Bangladesh, as a member of international community has taken initiative by legislating anti-human trafficking Act 2012 for combating this heinous offence. The researcher further critically analyses the loopholes in the provisions of the Act related with protection of victims, in line with international standard and concerned literature. Furthermore, the paper explores several findings and suggests possible way out for boosting the existing anti-human trafficking Act of the country. The aim of this paper is to enhance the protection mechanisms for the victims through analyzing and examining the available protection provided by the above Act. It further aims to address the learners, researchers and policy makers to pay more attention in this issue to protect the misfortune section of the citizen of Bangladesh. The possible outcome of this paper is that it comes across several gaps inside the Act which are requiring to be reconsidered and amended the law. This is purely a doctrinal research and entails qualitative phenomena. Hence, researcher consults with the specific law mentioned above along with relevant international laws on human trafficking and their protections. In addition, researcher examines the scholarly works, articles, reports on human trafficking in Bangladesh to achieve the objectives of this paper.
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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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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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Ventrella, Matilde. "Identifying Victims of Human Trafficking at Hotspots by Focusing on People Smuggled to Europe." Social Inclusion 5, no. 2 (June 23, 2017): 69–80. http://dx.doi.org/10.17645/si.v5i2.896.
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Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.
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Rijken, Conny. "A human rights based approach to trafficking in human beings." Security and Human Rights 20, no. 3 (2009): 212–22. http://dx.doi.org/10.1163/187502309789192513.
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AbstractA human rights based approach to trafficking in human beings (THB) is often fostered but not applied in practice. Based on the human rights legal framework the state obligations are identified. These obligations, to criminalize THB, to prosecute THB, to protect and assist victims and to address the root causes, are not addressed in an equal way since the main focus of counter trafficking measures focus on the criminalisation and the prosecution. To also address the assistance and protection of victims and the root causes of THB additional measures are required. It is proposed to make the needs of THB-victims leading instead of criminal law interests, and to develop a Victim Assistance and Protection Package (VAPP). The root causes of THB emerge both on the supply side and the demand side. Suggestions are made to improve the situation on both sides with the ultimate aim to prevent THB.
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Simeunovic-Patic, Biljana. "Recognizing the trafficking in human beings victimization." Temida 11, no. 4 (2008): 69–86. http://dx.doi.org/10.2298/tem0804069s.
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In spite of relative prevalence of trafficking in human beings issues in the expert and general public discourse in recent years, recognition of victimization by various specialists that may come across with victims still is being estimated as unsatisfactory. Stereotypes about victims of trafficking in human beings are just one factor that imperils correct and prompt recognition of victims, i.e. victims' identification, as principal prerequisite of their protection and support. Today, there are various efforts to overcome that problem - primarily through the training of professionals and creating the identification guidelines, i.e. lists of indicators of trafficking in human beings victimization; however, these resolves only one part of the problem and reveal some new challenges at the same time.
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Susilowati, Christina Maya Indah. "THE RESTITUTION IN HUMAN TRAFFICKING LAW ENFORCEMENT IN RELATION TO VICTIM PROTECTION." Jurnal Pembaharuan Hukum 9, no. 2 (September 2, 2022): 294. http://dx.doi.org/10.26532/jph.v9i2.17550.
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This is a general policy in the form of restitution or compensation from the criminal to the victim of human trafficking crime which becomes a parameter of victim's right fulfilment. The weakness in its formulation leads to lack of firmness of its implementation. In this writing I will make a theoretical study related to restitution law structure for human trafficking victims. This research jurisdically studied about the non-clarity of the policies related to restitution. The method used in this research is law research assisted by library study & evaluation to restitution policy making in human trafficking law enforcement. This research is important because human trafficking is now becoming a trasnational crime which is well structured & sistematically arranged. Human trafficking gives great advantage to the criminal doing it. It is because the victims become a never ending commodity. Some considerations about restitution policy, have negated that human trafficking victims are vulnerable to have a secondary victimization risk. They come face to face with this risk when they deal with the operation of criminal laws, because the law has not fully accomodated the victim's right. That's why we need a legal form in having a victim based approach restitution.
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Shrimpling, Ruth, and Annelies Blondé. "The Obligations of Prevention, Protection and Assistance to Victims of Trafficking." Brill Research Perspectives in Transnational Crime 3, no. 4 (December 6, 2021): 87–97. http://dx.doi.org/10.1163/24680931-12340025.
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Abstract The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.
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Riyantika, Sefin Anggi, and Jawade Hafidz. "The Victims Rights & Conditions Protection On Trafficting Crime Through The Implementation Of Restitutions." Law Development Journal 3, no. 2 (July 29, 2021): 298. http://dx.doi.org/10.30659/ldj.3.2.298-306.
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This study aims to further analyze the protection of victims of the crime of human trafficking who have not been able to accommodate the rights and losses of victims. The approach method used is sociological juridical. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of human trafficking has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Human trafficking is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of human trafficking to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution difficult for victims of human trafficking. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia.
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Ramadania, Alfi. "Penerapan Pemberian Restitusi oleh Pelaku Bisnis Perdagangan Orang Kepada Korban Tindak Pidana Perdagangan Orang (TPPO) di Kota Batam." Journal of Law and Policy Transformation 6, no. 1 (June 11, 2021): 20. http://dx.doi.org/10.37253/jlpt.v6i1.4954.
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Material and immaterial restitution for victims of human trafficking as stipulated in Article 48 to Article 50 of Law Number 21 of 2007 concerning Eradication of Crime in Human Trafficking (UUPTPPO) so that efforts to fulfill these restitution are important to implement, which in this paper is specifically in the case of criminal law regarding human trafficking. The purpose of this study was to analyze the application of restitution by perpetrator of human trafficking to the victims of human trafficking (TPPOs), analyze and find juridical problems faced by law enforcement in imposing restitution on human trafficking and analyze solutions for restitution to victims of TPPO can be applied to human trafficking cases in Batam City. Data collection was carried out using primary and secondary data. The research method used in this writing is the Juridical Sociological method. The research results showed that the application of restitution by perpetrator of human trafficking to the victims of TPPO in the criminal justice system in Batam City was not in accordance with the laws and regulations, victims of TPPO had not received adequate legal protection, both material and immaterial protection, this condition was caused because law enforcement officials from the Police level never included the calculation of restitution in the minutes of the investigation (BAP) so that the Prosecutor's Office also did not include in the letter of indictment and the Court also did not decide on restitution in its ruling
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Priyono, Joko, and Achmad Purbo Sudiro. "Intergovernmental Cooperation Mechanisms in Combating Transnational Human Trafficking within ASEAN." Academic Journal of Interdisciplinary Studies 9, no. 2 (March 10, 2020): 120. http://dx.doi.org/10.36941/ajis-2020-0029.
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The problem of human trafficking that occurs on the borders of Indonesia and the Johor region of Malaysia basically comes from the problem of poverty and the difficulty of job opportunities which consequently are utilized by people or organizations that are not responsible for the sake of obtaining the maximum profit. This study was conducted by considerations that there are no satisfactory explanation of expressing perpetrators of human trafficking both in Indonesia and Johor Malaysia. By using focus group discussion (FGD), the results show that the rights of victims of trafficking have been normatively protected which is strictly regulated in the legislation in Malaysia. This seriousness was also shown by the existence of a special court for human trafficking crime. Data shows that the trend of human trafficking victims is decreasing. The obstacle in the implementation of the protection of victims of human trafficking was the reluctance of the victims of human trafficking to provide testimonials for the purposes of the trial in Johor Malaysia with the intention of avoiding the extension of the judicial process.
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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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Villacampa, Carolina, and Núria Torres. "Human trafficking for criminal exploitation: Effects suffered by victims in their passage through the criminal justice system." International Review of Victimology 25, no. 1 (April 2, 2018): 3–18. http://dx.doi.org/10.1177/0269758018766161.
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The victim-centred approach to human trafficking emphasises the protection of victims and respect for their rights. For this protection to be effective, victims must be treated as such in their passage through the criminal justice system, which can be complex with forms of trafficking that are still relatively unknown, such as trafficking for criminal exploitation. Based on 37 in-depth interviews with Spanish practising criminal justice and victim assistance services professionals, this paper analyses the effects that the failure to identify these types of victims has on them as they make their way through the criminal justice system, paying particular attention to the degree to which the aforementioned professionals recognise the principle of non-punishment.
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Ward, Tony, and Shahrzad Fouladvand. "Human Trafficking, Victims’ Rights and Fair Trials." Journal of Criminal Law 82, no. 2 (April 2018): 138–55. http://dx.doi.org/10.1177/0022018318761680.
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Cases of human trafficking are known to be difficult to prosecute. In this article we identify several issues in the law of evidence that may contribute to these difficulties. We argue for the victims' rights as an important factor in evidential decisions, coupled with an insistence that such rights cannot trump the defendant's right to a fair trial. Restrictions on evidence of a witness's bad character or sexual history should not be interpreted in such a way as to prevent the defence from introducing evidence, or asking questions, that are of substantial probative value, even if they are potentially distressing to witnesses; but such evidence and questioning should be limited to what is necessary for a fair trial. The protection of victims and witnesses may also justify a relatively flexible approach to the admission of hearsay evidence, which avoids prejudging the truth of a witness's evidence in order to establish that s/he is in fear.
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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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Kamaruddin, Nor Shuhada, and Najibah Mohd Zin. "COMBATING CHILD TRAFFICKING: IS THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC) AND EXISTING LAWS IN MALAYSIA ADEQUATE?" IIUM Law Journal 29, no. 1 (June 30, 2021): 55–75. http://dx.doi.org/10.31436/iiumlj.v29i1.593.
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This article is a study on human trafficking, which is the second most lucrative and profitable transnational organized crime in the world after drug trafficking. This crime is also known as a form of modern slavery, where humans are used as commodities to generate profit, and victims are prevented from accessing their fundamental rights. The victims of this crime are women, men, and children; however, the repercussions are far more serious when involving children. Human trafficking devastates the prospects of the future generation, where children are often forced into sexual exploitation, forced labour, illegal adoption and child marriage. In addition, such crime not only impacts the social, politic, economic and national security of a country but is also a grave violation of the child victims’ human rights. The main objective of the present article is to address the adequacy of Malaysian law in dealing with child trafficking and to see whether it is in line with international standards. The study suggests that many gaps exist in the current legislation dealing with human trafficking. These gaps need to be addressed especially those dealing with child trafficking. A qualitative approach was utilized in this study, where it involved library research to analyze the protection given by the Convention on the Rights of the Child and the extent of its implementation into domestic legislation, in order to combat child trafficking in Malaysia. This study found that Malaysia’s existing laws are inadequate to protect child victims of trafficking in Malaysia and need to meet the current standards and protection for victims, which include the identification of identity, appointment of a guardian, providing interim care protection, durable solution, and access to justice.
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Paramudhita, H. Radea Respati, Sigid Suseno, Lies Sulistiani, and Yogi Muhammad. "Managing Restitution Model During the Protection of Human Trafficking Victims." International Journal of Scientific and Research Publications (IJSRP) 9, no. 9 (September 12, 2019): p9336. http://dx.doi.org/10.29322/ijsrp.9.09.2019.p9336.
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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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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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TOMITA, Mihaela, Adina SCHWARTZ, and Roxana UNGUREANU. "Effects of Involving Specialists in Human Trafficking Victim Support and Protection." Revista de Cercetare si Interventie Sociala 71 (December 1, 2020): 360–76. http://dx.doi.org/10.33788/rcis.71.22.
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As the level of criminality at European level in continuous growth, a recently introduced legislative package aiming to protect and promote victims’ rights has been introduced by the European Commission. The provisions of the “Victims Directive”, alongside of the First European Strategy to protect and promote victims’ rights are practically urging the member states to a full reversal of the victim’s position both within the civil society and within the justice system, as the victim goes from being the passive subject of a crime, to the active subject within the European support and protection mechanism. The present article reveals the results of a research conducted in the main source country for victims of human trafficking, Romania, with the aim of examining the extent to which the new provisions have been introduced into the national framework and into the national practice. By involving both practitioners and victims of crimes into the qualitative research, a series of systemic and procedural gaps have been identified and addressed and some positive, transferable practices could be revealed and promoted. Through the study interpreting data collected by means of structured interviews we came to the conclusion that most provisions of the new legislative framework have not been integrated into the generic victim support practice for reasons stemming from the obvious lack of funds to accommodate considerable societal institutional changes in a quick manner, to lack of personnel training and in some cases, attitudinal deficiencies of practitioners. On the other hand, a multidisciplinary, victim centred approach based on a public private partnership has proved to have positive results in the field of human trafficking victim support and crime prevention.
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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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Hacker, Daphna, Yaara Levine-Fraiman, and Idan Halili. "Ungendering and Regendering Shelters for Survivors of Human Trafficking." Social Inclusion 3, no. 1 (February 23, 2015): 35–51. http://dx.doi.org/10.17645/si.v3i1.173.
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This article is based on intensive fieldwork in the two Israeli shelters designated for victims of human trafficking and slavery. The shelters, one for women and one for men, are a refuge for survivors of sex trafficking; labor migrants subjected to severe exploitation by their employers; and asylum seekers who arrived in Israel after experiencing severe physical and emotional abuse at the hands of kidnappers and smugglers en route to Israel. The study included interviews with policy makers and professionals, and with women and men who resided at the shelters, as well as an analysis of the relevant legislation and official reports. The article explores the problematic gendered differentiations between the two shelters. Most significantly, while support for residents of the shelter for women is anchored by emotional and psychological rehabilitation, residents of the shelter for men do not receive any therapeutic support. At the same time, while staff in the shelter for men put significant effort into the reintegration of the men into the labor force, the women’s employment prospects receive less attention. Based on these and other findings, the article cautions against gender-biased rehabilitation services for victims of human trafficking and slavery, and calls for a gender-sensitive rehabilitation theory and practice.
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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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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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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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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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Bvirindi, Tawanda Ray, and Nigel Mxolisi Landa. "Exploring Policy Issues on the Trafficking of Women in Southern Africa with Reference to Zimbabwe." Africanus: Journal of Development Studies 46, no. 2 (October 26, 2017): 73–87. http://dx.doi.org/10.25159/0304-615x/2662.
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Following the socio-economic and political problems that ensued after the Fast Track Land Reform Programme (FTLRP) in Zimbabwe, instances of human trafficking previously unseen on a large scale have sparked a newfound interest among policy makers and researchers. This article examines the flawed system provided by the Zimbabwean Trafficking in Persons Act No. 4 of 2014 for the protection of victims of human trafficking. It argues that the “Palermo Protocol”—the international instrument against all trafficking in persons is well-equipped to assume greater responsibility in ensuring the protection of victims. Although the Palermo Protocol is a universal protocol; which should be contextualised to suit various scenarios in which trafficking occurs across the globe, it may still be reasonably interpreted as providing the core principles which are vital to the protection of vulnerable populations from trafficking. Over the long haul, a new Zimbabwean Act, re-aligned with the Palermo Protocol, yet flexible, anti-trafficking partnerships between the government, Non-governmental Organisations and Civil Society remain the most viable solutions to addressing this predicament.
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Ulum, Miftahul. "Fikih Hak Asasi Manusia Menguak Kejahatan Tindak Pidana Korporasi Trafficking." Syaikhuna: Jurnal Pendidikan dan Pranata Islam 9, no. 2 (October 26, 2018): 201–18. http://dx.doi.org/10.36835/syaikhuna.v9i2.3259.
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This paper discusses the corporate crime of human trafficking. The background used is the assessment that classifies Indonesia in third place for the handling of human trafficking by the international community. The word “Hero Exchange” may often be heard, they are the workers from Indonesia who often become victims of Human Trafficking, victims sometimes traded not only for the purpose of prostitution or other forms of sexual exploitation, but also includes other forms of exploitation, such as forced labor or services, slavery or practices similar to slavery. Various government policies are made concerning the protection of women and children, basically made relatively comprehensive policies, ranging from Basic Act 1945 and the rules below. However many government policies in tackling this problem is not followed by real action in the field and it can be concluded, the legal protection of women and children victims of human trafficking is still felt less effective. This is evident from the very rarity of severe criminal imposed by the judge against traffickers. The absence of compensation in the form of sanctions against traffickers also add to the sense of injustice padakorban trafficking who have suffered both physically, mentally, and economically.
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Youngmann, Rafael, Rachel Bachner-Melman, Lilac Lev-Ari, Hadar Tzur, Ravit Hileli, and Ido Lurie. "Trauma, Post-Traumatic Stress Disorder, and Mental Health Care of Asylum Seekers." International Journal of Environmental Research and Public Health 18, no. 20 (October 12, 2021): 10661. http://dx.doi.org/10.3390/ijerph182010661.
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Asylum seekers in Israel from East Africa frequently experienced traumatic events along their journey, particularly in the Sinai Peninsula, where they were subjected to trafficking and torture. Exposure to trauma has implications for rights that are contingent on refugee status. This retrospective chart review aimed to characterize the types of traumas experienced by 219 asylum seekers (149 men) from Eritrea and Sudan who sought treatment at a specialized mental health clinic in Israel, and to compare the mental health of trauma victims (n = 168) with that of non-trauma victims (n = 53). About 76.7% of the asylum seekers had experienced at least one traumatic event, of whom 56.5% were diagnosed with post-traumatic stress disorder (PTSD). Most reported traumas were experienced en route in the Sinai, rather than in the country of origin or Israel. Few clinical differences were observed between trauma victims and non-trauma victims, or between trauma victims with and without a PTSD diagnosis. Our findings emphasize the importance of accessibility to mental and other health services for asylum seekers. Governmental policies and international conventions on the definition of human trafficking may need to be revised, as well as asylum seekers’ rights and access to health services related to visa status.
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Hermanto. "LEGAL ANALYSIS OF THE PROTECTION OF THE RIGHTS OF VICTIMS OF THE CRIME OF HUMAN TRAFFICKING." PAPATUNG: Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik 5, no. 1 (February 10, 2022): 9–17. http://dx.doi.org/10.54783/japp.v5i1.493.
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This study aimed to analyze the law on protecting the rights of victims of the crime of human trafficking. This research uses normative juridical analysis and a statute approach. The sources of law in this study are based on primary and secondary sources of law, which refer to the norms contained in the legislation. Then the research results are described systematically to answer the questions that have been asked. Analysts of legal materials in this study use a grammatical-interpretation method, namely interpretation according to the grammar and words used for legislators to state their objectives. To protect the rights of victims of human trafficking, there are still dualisms in the TIP law and the Criminal Procedure Code in settlement of restitution for victims. This makes solving the problem of human trafficking difficult. In this case, it is necessary to review the substance of the TIP law; this is due to other issues as contained in this law.
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Dilqem Hajizade, Fidan. "COMBATING TRAFFICKING IN HUMAN BEINGS: APPROACH OF THE COUNCIL OF EUROPE." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 234–36. http://dx.doi.org/10.36719/2663-4619/65/234-236.
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The 2005 Council of Europe Convention on Action against Trafficking in Human Beings is open for signature not only by Member States of the Council of Europe, but also non-members of the Council of Europe. This Convention is comprehensive treaty mainly focused on the protection of victims of trafficking in human beings and ensure of their rights. It also aims at preventing human trafficking as well as prosecuting perpetrators. The provisions of this Convention are applied to all forms of trafficking: both national and international trafficking and whether or not it is related to organized crime. The Convention protects the rights of women, men and children who have been subjected to any form of exploitation (sexual exploitation, forced labor, services, etc.). Moreover, the Convention provides an independent monitoring mechanism to control the implementation of the provisions of the Convention. Key words: Convention on Action against Trafficking in Human Beings, Council of Europe, GRETA, exploitation, implementation, victims of human trafficking
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Fadilla, Nelsa. "UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERDAGANGAN ORANG." Jurnal Hukum dan Peradilan 5, no. 2 (April 16, 2018): 181. http://dx.doi.org/10.25216/jhp.5.2.2016.181-194.
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The data findings by the Indonesia Child Protection Commission (KPAI) reported that child trafficking tends to increase during the period of 2010 to 2012. In 2010 there were 410 cases, in 2011 there were 480 cases and in 2012 the case increased again up to 673 cases. The increasing cases of child trafficking have become a serious concern in the attempt of human trafficking eradication, especially children. The business not only in the form of law enforcement, preventively, repressively, and responsively but also related to the restoration or protection of children who become the victims of human trafficking (child trafficking) even after the completion of criminal proceedings with a view of restoring the child future.Keywords : legal protection , children , human trafficking.
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McReynold, MaryAnne. "The Trafficking Victims Protection Act: Has the Legislation Fallen Short of its Goals?" Policy Perspectives 15, no. 1 (May 1, 2008): 33. http://dx.doi.org/10.4079/pp.v15i1.4152.
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This analysis examines the immigration status that the United States government affords to individuals who are willing to meet the requirements of the Victims of Trafficking and Violence Protection Act of 2000, commonly known as the Trafficking Victims Protection Act (TVPA). This article presents the legislative history of the TVPA with an emphasis on the factors that heighten the tension between the interests of trafficking victims and those of the government. Available immigration relief is not truly "relief" unless it is accessible to those who need it, that is, those for whom Congress designated this type of visa status. Likewise, legislation that designates an action as criminal is fruitless unless it provides for effective investigations and enforcement. As crucial as it is to punish and deter traffickers, the special nature of this crime necessitates that the victims, who are central to the role of law enforcement, receive ample protection. In conclusion, the author suggests seven policy recommendations to improve the government's ability to punish and deter human traffickers while protecting the victims of these crimes.
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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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Rodríguez López, Silvia. "The Invisibility of Labour Trafficking in Spain. A Critical Analysis of Cases and Policies." Revista Española de Investigación Criminológica 18, no. 2 (November 22, 2020): 1–25. http://dx.doi.org/10.46381/reic.v18i2.329.
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One of the most remarkable challenges concerning global migration policies nowadays has to do with impeding the trafficking of migrant workers for the purposes of labour exploitation. This paper aims to examine whether Spain has adequately fulfilled its obligations to prevent and prosecute labour trafficking and protect trafficking victims. To do so, it offers a critical analysis of public policies concerning labour trafficking, contrasting them with case-law and data regarding its implementation in practice. Thus, the most recent available data concerning inspection, investigation and prosecution of labour trafficking cases, as well as the identification and protection of labour trafficking victims in Spain is evaluated here. The results highlight the invisibility of human trafficking victims for the purposes of labour exploitation, partly caused by the lack of measures that specifically address this form of trafficking.
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Johansen, Pamela Stowers. "Human Trafficking, Illegal Immigrants and HIV/AIDS." Californian Journal of Health Promotion 4, no. 3 (September 1, 2006): 34–41. http://dx.doi.org/10.32398/cjhp.v4i3.1955.
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Human trafficking or “modern day slavery” has been the subject of increasing media and public policy attention. This single case study is an illustration of the complex policy and practice issues involving immigration, human trafficking, and HIV/AIDS. HIV/AIDS and other infectious diseases create ethical, legal, and economic dilemmas for health care practitioners serving undocumented immigrants. This paper provides an overview of policies impacting immigrants with HIV/AIDS, the Trafficking Victims Protection Act (TVPA) of 2000, and potential “real life” implications of these policies. Suggestions for policy and practice that may provide both individual justice and protection of the larger society are offered. Health education, both domestic and on a global level, has potential to reduce the risks to both individuals and community public health.
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Syugiarto, Syugiarto. "Penanggulangan Human Trafficking Di Indonesia." Jurnal ADMINISTRATOR 4, no. 1 (June 6, 2022): 11–22. http://dx.doi.org/10.55100/administrator.v4i1.43.
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This study aims to determine the causes of human trafficking by using the hierarchical analysis scheme proposed by Dunn (2003 & 2018) and to find solutions to these problems by mapping the actors involved in the process of formulating policies for overcoming human trafficking. This research itself uses a type of qualitative research with a literature study method.
The results of the study indicate that the causes of human trafficking are economic factors, education of victims of human trafficking and the government. Economic factors are the reason for people to become TKI / TKW abroad, but there are some distribution agents who are not responsible so that the level of human trafficking is getting higher. The low level of education and lack of public knowledge related to human trafficking are the main causes that cause human trafficking in Indonesia to reach 582 people in 2019. The weak implementation of Law Number 21 of 2007 carried out by the government is one of the factors for the high level of human trafficking. in Indonesia. In addition, it is also known that the process of formulating policies to combat Human Trafficking in Indonesia involves several actors, including: Ministry of Women's Empowerment and Child Protection, Legislators / Politicians, Ministry of Education and Culture, Academics, TNI / POLRI, Mass Media, Manpower Distribution Agencies Overseas, NGOs / NGOs and the community as parties who have a high probability of becoming victims of human trafficking.
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Musikawong, Sudarat, and Chanchanit Martorell. "The Importance of Ethnic Competency: Labor Trafficking, Thai Migrations, and the Thai Community Development Center." AAPI Nexus Journal: Policy, Practice, and Community 10, no. 1 (2012): 59–74. http://dx.doi.org/10.36650/nexus10.1_59-74_musikawongetal.
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The Trafficking Victims Protection Act (2000, 2011) created new conditional residency visas and new avenues for American citizenship for the victims of human trafficking. Thai migrants have benefited from its provisions, but their disproportionate presence in this category has indicated the depths of this problem within the Thai immigrant community. This paper examines anti-trafficking advocacy, and it begins by criticizing existing Asian American pan-ethnic organizations. It addresses the limits of their approaches, and argues that ethnic-specific organizations still play an important role in helping victims as well as the ethnic communities in which they will settle.
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Hafrida, Hafrida, Nelli Herlina, and Zulham Adamy. "The Protection of Women and Children as Victims of Human Trafficking in Jambi Province." Jambe Law Journal 1, no. 2 (July 12, 2019): 207–30. http://dx.doi.org/10.22437/jlj.1.2.207-230.
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The research aims at studying the policy of the Regional Government in protecting the victims of human trafficking, especially females and children. This legal research is based on an empirical study at Regional Police (POLDA), P2TP2A, and Social Services office in Jambi Province. The Law Number 35/2014 on the Amendment of The Law Number 23/2002 on Child Protection provides a greater portion for the Regional Government to take active roles in providing child protection and Presidential Regulation Number 69/2008 about Task Force Prevention and Handling the Criminal Act of Trafficking Victim. Using analysis of descriptive qualitative, it is learned that the handling of the women and children as victims of trafficking remain partially. The responsible institutions have not well-coordinated because a task force as commissioned by Presidential Regulation number 69/2008. The results show that Jambi Province has passed Jambi Province Regional Regulation Number 2/2015 on Prevention and Handling of Human Trafficking towards Females and Children. However, the study also shows that the regulation has not been applied by related parties since Governor’s regulation as implementing regulation is inexistent.
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Сакаева, Олеся, and Olesya Sakaeva. "Realization of International Law Norms in the Field of Combating Human Trafficking in the Russian Federation." Journal of Russian Law 2, no. 2 (January 20, 2014): 110–18. http://dx.doi.org/10.12737/2245.
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The article examines the legal issues connected with the implementation of the rules of international law on the combating trafficking in persons in the legislation of the Russian Federation. Comparing provisions of treaties, soft law and legal regulations of Russian and foreign legislation concerning combating trafficking in persons the author comes to the conclusion of the necessity of improvement of Russian legislation in the field of prevention of trafficking in persons, its criminalization and penalization, trafficking victims protection.