Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human trafficking (7)
- Positive obligations (5)
- Servitude (5)
- Forced labour (4)
- Refugees and Asylum-seekers (4)
-
- Slavery (4)
- Slavery, Servitude, Forced Labour and Human Trafficking (4)
- Article 4 of the ECHR (3)
- Bulgaria (2)
- ECHR (2)
- Rantsev v. Cyprus and Russia (2)
- Article 31(1) of the Refugee Convention (1)
- Article 4 of the European Convention on Human Rights (1)
- Article 8 of the ICCPR (1)
- Assistance for victims of human trafficking (1)
- Asylum-seekers (1)
- Availability of legal advice (1)
- C.N. and V. v. France (1)
- C.N. v. The United Kingdom (1)
- Causation (1)
- Common law (1)
- Council of Europe Convention on Action against Trafficking in Human Beings (1)
- Criminal offences (1)
- EU asylum legislation (1)
- European Court of Human Rights (1)
- Exploitation (1)
- False documents (1)
- Forced labor (1)
- Group of Experts on Action against Trafficking in Human Beings (GRETA) (1)
- Human smuggling (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova
Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova
Vladislava Stoyanova
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Vladislava Stoyanova
The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova
The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova
Vladislava Stoyanova
United Nations Against Slavery: Unravelling Concepts, Instiutions And Obligations, Vladislava Stoyanova
United Nations Against Slavery: Unravelling Concepts, Instiutions And Obligations, Vladislava Stoyanova
Vladislava Stoyanova
L.E. V. Greece: Human Trafficking And The Scope Of States' Positive Obligations Under The Echr, Vladislava Stoyanova
L.E. V. Greece: Human Trafficking And The Scope Of States' Positive Obligations Under The Echr, Vladislava Stoyanova
Vladislava Stoyanova
Victims Of Human Trafficking In The Asylum Procedure. A Legal Analysis Of The Guarantees For 'Vulnerable Persons' Under The Second Generation Of Eu Asylum Legislation, Vladislava Stoyanova
Victims Of Human Trafficking In The Asylum Procedure. A Legal Analysis Of The Guarantees For 'Vulnerable Persons' Under The Second Generation Of Eu Asylum Legislation, Vladislava Stoyanova
Vladislava Stoyanova
Victims of human trafficking have been designated as a group of migrants in need of special assistance and protection. As a result, a whole legal framework has been developed revolving around this group. Within Europe, this framework operates on two levels: the Council of Europe and the EU. EU law has added an additional layer of sophistication with its second generation of asylum legislation. The category ‘victims of human trafficking’ has been added to the group of persons considered as ‘vulnerable persons’ who might be in need of special reception conditions and/or special procedural guarantees. The objective of this article …
Introducing The Second Phase Of The Common European Asylum System, Vladislava Stoyanova
Introducing The Second Phase Of The Common European Asylum System, Vladislava Stoyanova
Vladislava Stoyanova
No abstract provided.
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Vladislava Stoyanova
This article addresses the interaction between international human rights law and national criminal law as exemplified and revealed in relation to the abuses of slavery, servitude, forced labour and human trafficking (THB). First, I point out the mismatch between the interpretative techniques of international human rights law and national criminal law. The reportedly low numbers of prosecutions and convictions for abuses against migrants has gathered increasing attention. As a reaction it has been suggested that the definitions of THB and of slavery, servitude and forced labour (where the latters have been specifically criminalized) have to be expansively construed. These suggestions …
The Crisis Of A Legal Framework: Protection Of Victims Of Human Trafficking In The Bulgarian Legislation, Vladislava Stoyanova
The Crisis Of A Legal Framework: Protection Of Victims Of Human Trafficking In The Bulgarian Legislation, Vladislava Stoyanova
Vladislava Stoyanova
The Council of Europe Group of Experts on Action against Trafficking in Human Beings reported that in Bulgaria no adult victim of human trafficking received any assistance and that no adult victim was granted a reflection period. A close examination of the Bulgarian legislative framework could explain this unpromising picture. In this article, I develop three arguments in relation to the Bulgarian legislation on protection of trafficked persons. First, in some respects, Bulgaria has failed to fulfil its international obligations. Second, the national legal framework regulating the conditions under which trafficked person are assisted and protected is surrounded by legal …
The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova
The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova
Vladislava Stoyanova
This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such …
Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova
Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova
Vladislava Stoyanova
This article points to four worrisome aspects of the Court’s reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of ‘human trafficking’ without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the human trafficking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labor. To advance this argument I explain the relation between, on …
Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova
Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova
Vladislava Stoyanova
The objective of this paper is to demonstrate the legal implications for asylum-seekers flowing from their resort to falsified documents as a method of gaining access to the territory of asylum countries. Article 31(1) of the Refugee Convention is supposed to act as a shield against punishment for illegal entry. However, the paper identifies four issues relating to the application of Article 31 which make the functioning of the shield difficult. The first issue relates to the procedure of applying Article 31 and in particular the interrelationship between the refugee status determination procedure and the criminal procedure initiated as a …
The Principle Of Non-Refoulement And The Right Of Asylum-Seekers To Enter State Territory, Vladislava Stoyanova
The Principle Of Non-Refoulement And The Right Of Asylum-Seekers To Enter State Territory, Vladislava Stoyanova
Vladislava Stoyanova
No abstract provided.