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Full-Text Articles in Law

Submission To The Australian Parliamentary Inquiry Into Slavery, Slavery-Like Conditions And People Trafficking, Anne T. Gallagher Ao Oct 2012

Submission To The Australian Parliamentary Inquiry Into Slavery, Slavery-Like Conditions And People Trafficking, Anne T. Gallagher Ao

Anne T Gallagher

Australia has made progress in addressing the exploitation of people for profit but much remains to be done. This submission argues that Australia is missing valuable opportunities to shape global laws and policies and should be taking a stronger leadership role at the international level. In relation to the national response it suggests that the legal framework around trafficking and slavery needs to be rationalised; that Australia must lift its game with respect to criminal justice responses; and that victims of exploitation must be given better access to remedies. The submission also rejects the current conflation of trafficking and migrant …


Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova May 2012

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 …


Submission On Exposure Draft New Offences Criminal Code (Forced Labour, Servitude, Forced Marriage, Deceptive Recruiting), Fiona M. David Ms, Anne T. Gallagher Dr Jan 2012

Submission On Exposure Draft New Offences Criminal Code (Forced Labour, Servitude, Forced Marriage, Deceptive Recruiting), Fiona M. David Ms, Anne T. Gallagher Dr

Fiona David

Submission made in response to proposed amendments to Australian Criminal Code to include, amongst other things, offences of forced labour, servitude, forced marriage, deceptive recruitment.


Defining The Badges And Incidents Of Slavery, Jennifer Mason Mcaward Jan 2012

Defining The Badges And Incidents Of Slavery, Jennifer Mason Mcaward

Journal Articles

Most agree that Section Two of the Thirteenth Amendment empowers Congress to legislate regarding the “badges and incidents of slavery.” Few, however, have explored in depth the precise meaning of this concept. The goal of this Article is to provide a historical and conceptual framework for interpreting and identifying the badges and incidents of slavery. It examines the original public meaning of the terms “badge of slavery” and “incident of slavery” as well as how the “badges and incidents” concept has been incorporated into and used in Thirteenth Amendment jurisprudence. It considers several analytical variables from historical, jurisprudential, and policy …


Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott Jan 2012

Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott

Book Chapters

When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in Europe and …


When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr Jan 2012

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

Articles

This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073