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Full-Text Articles in Law
Submission On Exposure Draft New Offences Criminal Code (Forced Labour, Servitude, Forced Marriage, Deceptive Recruiting), Fiona M. David Ms, Anne T. Gallagher Dr
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.
Submission Fiona David And Anne Gallagher Regarding Law Reform Australian Trafficking In Persons Law, Fiona M. David Ms, Anne T. Gallagher Dr
Submission Fiona David And Anne Gallagher Regarding Law Reform Australian Trafficking In Persons Law, Fiona M. David Ms, Anne T. Gallagher Dr
Fiona David
This is a submission made in response to a discussion paper issued by the Australian Government, "The Criminal Justice Response to Slavery and People Trafficking; Reparation; and Vulnerable Witness Protections". This submission comments on the compliance of Australian law with the UN Protocol against Trafficking in Persons, supplementing the UN Convention against Transnational Organized Crime, notes gaps in the legal framework and provides recommendations for reform.
Progress Report On Criminal Justice Responses To Trafficking In Persons In The Asean Region, Fiona M. David Ms, Anne T. Gallagher Dr, Albert Moskowitz, Paul Holmes
Progress Report On Criminal Justice Responses To Trafficking In Persons In The Asean Region, Fiona M. David Ms, Anne T. Gallagher Dr, Albert Moskowitz, Paul Holmes
Fiona David
This Report examines the criminal justice response to trafficking in the ASEAN / South East Asian Region, with a specific focus on: - legal frameworks - specialist investigative capacity - front line capacity to identify and respond to trafficking - prosecutorial and judicial capacity - victim identification and support - special support to victim's as witnesses - international legal cooperation. For each chapter, the authors have provided a detailed overview of the relevant standards that have emerged through a combination of international, regional and national law and policy as well as accepted good practices within and beyond the ASEAN region. …
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Fiona David
In Australia, three defendants in two cases have been charged and prosecuted for ‘slavery’ or ’trafficking in persons’ under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of ‘labour trafficking’, even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Fiona David
Eastern Africa is one of the poorest, most conflict-riddled regions in the world and, within this region, migrant smuggling between countries is commonplace. The following article by Fiona David, a lawyer and researcher in smuggling and trafficking issues, seeks to provide some insights into the drivers and realities of migrant smuggling, and the human rights implications of this trade in human misery.
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Fiona David
No abstract provided.
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Fiona David
This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Fiona David
In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international …
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Fiona David
ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Fiona David
This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.