Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2014

Human Rights Law

Human trafficking

Selected Works

Articles 1 - 3 of 3

Full-Text Articles in Law

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres Oct 2014

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Jonathan Todres

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …

Go to article

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang Dec 2013

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang

Janie A Chuang

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

Go to article

Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova Dec 2013

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 …

Go to article