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Full-Text Articles in Law

The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao Nov 2014

The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao

Anne T Gallagher

Critique of the Global Slavery Index. For published version see http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher


The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David Jul 2014

The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David

Anne T Gallagher

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant …


Trafficking For Organ Removal, Anne T. Gallagher Ao Jan 2014

Trafficking For Organ Removal, Anne T. Gallagher Ao

Anne T Gallagher

No abstract provided.


Migration, Human Rights And Development: A Global Anthology, Anne T. Gallagher Ao Apr 2013

Migration, Human Rights And Development: A Global Anthology, Anne T. Gallagher Ao

Anne T Gallagher

Migration, Human Rights, and Development presents a unique collection of important, accessible, and sometimes provocative writing in the area of migration—with a particular focus on the human rights and development aspects of modern migration trends and responses. A detailed introduction by the editor is followed by four thematic sections that address: (i) the relationship and connections between human rights, migration, and development; (ii) key issues in migration and development, including impacts on source and destination countries, social costs, and the role of remittances; (iii) key issues in migration and human rights: the legal and policy frameworks and the rights of …


Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher Jun 2012

Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher

Anne T Gallagher

Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.


Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees May 2012

Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees

Anne T Gallagher

Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure) will vary according to: (i) who …


Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach Jun 2011

Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach

Anne T Gallagher

Trafficking in persons is a crime, as well as a serious violation of human rights. The international community now accepts that the investigation, prosecution and punishment of offenders are core aspects of an effective national response to trafficking. Strong prosecutions help to curb the current high levels of impunity that perpetuates the crime of trafficking in persons. They can also help to ensure justice for those who have been trafficked including access to remedies. An effective criminal justice response to trafficking also operates as a disincentive to future trafficking and is, thereby, an important aspect of prevention.
The United Nations …


Integrating Reproductive Rights Into The Work Of National Human Rights Institutions, Anne T. Gallagher Feb 2011

Integrating Reproductive Rights Into The Work Of National Human Rights Institutions, Anne T. Gallagher

Anne T Gallagher

This report is a joint initiative of the Asia Pacific Forum of National Human Rights Institutions (APF) and the United Nations Population Fund (UNFPA). Its focus is on reproductive rights and the extent to which these rights are, or could be, integrated into the work of national human rights institutions. The report commences with an analysis of the place of reproductive rights in international human rights law. The body of the report includes information and insights secured through a comprehensive survey involving 15 Member Institutions of the APF. It analyses the current work practices and views of these institutions and …


Understanding Exploitation, Anne T. Gallagher Jan 2011

Understanding Exploitation, Anne T. Gallagher

Anne T Gallagher

Anne Gallagher critiques Suddharth Kara's article "Supply and Demand: Human Trafficking in the Global Economy", published in Harvard International Review, June 2011.


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 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.


Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher Jun 2009

Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher

Anne T Gallagher

No abstract provided.


Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes Aug 2008

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …