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Full-Text Articles in Human Rights Law
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 …