Criminal Law Commons^™

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

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 …

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

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

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 …

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 …