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Full-Text Articles in Law

Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher Nov 2010

Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher

Anne T Gallagher

In 2002, the then High Commissioner for Human Rights, Mary Robinson, transmitted the Recommended Principles and Guidelines on Human Rights and Human Trafficking to the United Nations Economic and Social Council. She explained that their development was her Office’s response to the clear need for practical, human rights-based policy guidance, and encouraged States and intergovernmental organizations to make use of them in their own efforts to prevent trafficking and to protect the rights of trafficked persons. Since then, the principles and Guidelines have been integrated into numerous policy documents and interpretive texts attached to international and regional treaties, including both …


Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher Nov 2010

Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher

Anne T Gallagher

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism …


The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher Nov 2010

The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher

Anne T Gallagher

Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the articulation and acceptance of legal obligations owed by States to prevent and respond to such harm. Unfortunately, and despite this important progress, victims of trafficking very rarely receive the …


The International Law Of Human Trafficking, Anne T. Gallagher Sep 2010

The International Law Of Human Trafficking, Anne T. Gallagher

Anne T Gallagher

This book presents the first-ever comprehensive and in-depth analysis of the international law of human trafficking. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of State responsibility , as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of States with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators.


The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson Jan 2010

The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson

Anne T Gallagher

In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in shelters and weighs the common justifications for such detention from legal, policy, and practical perspectives.