Labour Exploitation in Human Trafficking Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Labour Exploitation in Human Trafficking Law PDF full book. Access full book title Labour Exploitation in Human Trafficking Law by Amy Weatherburn. Download full books in PDF and EPUB format.
Author: Amy Weatherburn
Publisher:
ISBN: 9781839701542
Category : Forced labor
Languages : en
Pages : 0
Get Book Here
Book Description
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.
Author: Amy Weatherburn
Publisher:
ISBN: 9781839701542
Category : Forced labor
Languages : en
Pages : 0
Get Book Here
Book Description
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.
Author: Conny Rijken
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 538
Get Book Here
Book Description
Combating trafficking in human beings (THB) for labor exploitation requires additional skills, knowledge, and awareness for effective investigation and prosecution, and for the identification and assistance of victims of this form of THB. Actors other than the police and the prosecution services (such as labor inspectorates, social investigation services, and municipalities) have also become involved in these activities. It is unclear which role these actors can have in identifying victims and in investigating and prosecuting (cross-border) THB for labor exploitation and which improvements are needed. They are often unfamiliar with, for instance, the specific needs of victims, how trafficking networks operate, and how to cooperate with colleagues abroad. These problems obviously hamper the combating of THB for labor exploitation. In addition, difficulties in defining THB for labor exploitation still exist. Labor exploitation, as such, is not a term used in the Palermo Protocol or the EU Directive on Preventing and Combating THB and Protecting Victims. One can say that labor exploitation includes, at least, forced and compulsory labor and services, slavery, and slavery-like practices, although this does not solve the problems encountered in defining the crime. In this book, these and other problems, as well as the challenges of dealing with these problems, are identified. It includes research in five countries (Austria, The Netherlands, Romania, Serbia, and Spain), research on the EU legal framework, an analysis of the country studies, as well as four articles reflecting on these problems.
Author: Prabha Kotiswaran
Publisher: Cambridge University Press
ISBN: 9781316613610
Category : Political Science
Languages : en
Pages : 0
Get Book Here
Book Description
In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.
Author: Jonathan Todres
Publisher: JHU Press
ISBN: 1421433028
Category : Medical
Languages : en
Pages : 316
Get Book Here
Book Description
How can a public health approach advance efforts to prevent, identify, and respond to child trafficking? Child trafficking is widely recognized as one of the critical issues of our day, prompting calls to action at the global, national, and local levels. Yet it is unclear whether the strategies and tools used to counter this exploitation—most of which involve law enforcement and social services—have actually reduced the prevalence of trafficking. In Preventing Child Trafficking, Jonathan Todres and Angela Diaz explore how the public health field can play a comprehensive, integrated role in preventing, identifying, and responding to child trafficking. Describing the depth and breadth of trafficking's impact on children while exploring the limitations in current responses, Todres and Diaz argue that public health frameworks offer important insights into the problem, with detailed chapters on how professionals and organizations can identify and respond effectively to at-risk and trafficked children. Drawing on the authors' years of experience working on this issue—Diaz is a doctor at a frontline medical center serving at-risk youth, victims, and survivors; Todres is a legal expert on legislative and policy initiatives to address child trafficking—the book maps out a public health approach to child trafficking, the role of the health care sector, and the prospects for building a comprehensive response. Providing readers with advice geared toward better understanding trafficking's root causes, this revelatory book concludes by mapping out a "public health toolkit" that can be used by anyone who is interested in preventing child trafficking, from policymakers to professionals who work with children.
Author: Denise Brennan
Publisher: Duke University Press
ISBN: 0822376911
Category : Social Science
Languages : en
Pages : 295
Get Book Here
Book Description
Life Interrupted introduces us to survivors of human trafficking who are struggling to get by and make homes for themselves in the United States. Having spent nearly a decade following the lives of formerly trafficked men and women, Denise Brennan recounts in close detail their flight from their abusers and their courageous efforts to rebuild their lives. At once scholarly and accessible, her book links these firsthand accounts to global economic inequities and under-regulated and unprotected workplaces that routinely exploit migrant laborers in the United States. Brennan contends that today's punitive immigration policies undermine efforts to fight trafficking. While many believe trafficking happens only in the sex trade, Brennan shows that across low-wage labor sectors—in fields, in factories, and on construction sites—widespread exploitation can lead to and conceal forced labor. Life Interrupted is a riveting account of life in and after trafficking and a forceful call for meaningful immigration and labor reform. All royalties from this book will be donated to the nonprofit Survivor Leadership Training Fund administered through the Freedom Network.
Author: Sam Scott
Publisher: Policy Press
ISBN: 1447322037
Category : Political Science
Languages : en
Pages : 296
Get Book Here
Book Description
Labour exploitation is a highly topical though complex issue that has international resonance for those concerned with social justice and social welfare, but there is a lack of research available about it. This book, part of the Studies in Social Harm series, is the first to look at labour exploitation from a social harm perspective, arguing that, as a global social problem, it should be located within the broader study of work-based harm. Written by an expert in policy orientated research, he critiques existing approaches to the study of workplace exploitation, abuse and forced labour. Mapping out a new sub-discipline, this innovative book aims to shift power from employers to workers to reduce levels of labour exploitation and work-based harm. It is relevant to academics from many fields as well as legislators, policy makers, politicians, employers, union officials, activists and consumers.
Author: Virginia M. Kendall
Publisher: Rowman & Littlefield Publishers
ISBN: 1442209828
Category : Law
Languages : en
Pages : 445
Get Book Here
Book Description
Each year, more than two million children around the world fall victim to commercial sexual exploitation. The numbers of children sexually abused for non-commercial purposes are even higher. Put simply, the growing, increasingly-organized epidemic of child exploitation demands a coordinated response. The aim of this book is to bring some fresh thinking to this complicated area of the law, and to help erase some of its counterproductive mythology. The book provides the first comprehensive, practical introduction to the history and present-day reality of child sexual exploitation, as well as to the interconnected web of domestic and transnational federal laws and law enforcement efforts launched in response thereto. It is written from the distinctive perspective of those who have spent their careers in the trenches investigating, prosecuting, and adjudicating these intricate and commonly emotional cases. Relying on real-world examples, the authors offer proscriptive and descriptive practical advice and reform proposals aimed at those involved at all levels in this difficult area. Serving as a “first-line” resource for clear, practical thinking on the range of complex, and often misunderstood, investigative, prosecutorial, and rehabilitative issues surrounding child exploitation cases, this work is a must-have for anyone with interest in the protection of children from sexual exploitation and trafficking.
Author: Alicia W. Peters
Publisher: University of Pennsylvania Press
ISBN: 0812291611
Category : Social Science
Languages : en
Pages : 257
Get Book Here
Book Description
Signed into law in 2000, the Trafficking Victims Protection Act (TVPA) defined the crime of human trafficking and brought attention to an issue previously unknown to most Americans. But while human trafficking is widely considered a serious and despicable crime, there has been far less consensus as to how to approach the problem—owing in part to a pervasive emphasis on forced prostitution that overshadows repugnant practices in other labor sectors affecting vulnerable populations. Responding to Human Trafficking examines the ways in which cultural perceptions of sexual exploitation and victimhood inform the drafting, interpretation, and implementation of U.S. antitrafficking law, as well as the law's effects on trafficking victims. Drawing from interviews with social workers and case managers, attorneys, investigators, and government administrators as well as trafficked persons, Alicia W. Peters explores how cultural and symbolic frameworks regarding sex, gender, and victimization were incorporated into the drafting of the TVPA and have been replicated through the interpretation and implementation of the law. Tracing the path of the TVPA over the course of nearly a decade, Responding to Human Trafficking reveals the profound gaps in understanding that pervade implementation as service providers and criminal justice authorities strive to collaborate and perform their duties. Ultimately, this sensitive ethnography sheds light on the complex and wide-ranging effects of the TVPA on the victims it was designed to protect.
Author: Silvia Scarpa
Publisher: Oxford University Press on Demand
ISBN: 0199541906
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309286581
Category : Social Science
Languages : en
Pages : 479
Get Book Here
Book Description
Every day in the United States, children and adolescents are victims of commercial sexual exploitation and sex trafficking. Despite the serious and long-term consequences for victims as well as their families, communities, and society, efforts to prevent, identify, and respond to these crimes are largely under supported, inefficient, uncoordinated, and unevaluated. Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States examines commercial sexual exploitation and sex trafficking of U.S. citizens and lawful permanent residents of the United States under age 18. According to this report, efforts to prevent, identify, and respond to these crimes require better collaborative approaches that build upon the capabilities of people and entities from a range of sectors. In addition, such efforts need to confront demand and the individuals who commit and benefit from these crimes. The report recommends increased awareness and understanding, strengthening of the law's response, strengthening of research to advance understanding and to support the development of prevention and intervention strategies, support for multi-sector and interagency collaboration, and creation of a digital information-sharing platform. A nation that is unaware of these problems or disengaged from solutions unwittingly contributes to the ongoing abuse of minors. If acted upon in a coordinated and comprehensive manner, the recommendations of Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States can help advance and strengthen the nation's emerging efforts to prevent, identify, and respond to commercial sexual exploitation and sex trafficking of minors in the United States.
