human trafficking judicial
157618678
S.1236 115th Congress (2017 2018) A bill to require the Attorney General to designate Human Trafficking Coordinators for Federal judicial districts, and for other purposes.
Sherrod Brown
157981711
ASPECTS OF INTERNATIONAL JUDICIAL COOPERATION REGARDING HUMAN TRAFFICKING
Judicial issues in human trafficking suppose with priority a unified approached of the phenomenon both point of view theoretical and practical. So must be cumulatively fulfilled conditions related to the identity or similarity of criminalitations and the correspondent of procedures. National/Romanian intern normative acts are governed by Law no. 302/2004 on international judicial cooperation in criminal matters republished in 20111 and the management of issues at the international level requires agreement documents, covenants, treaties and international conventions at the international universal level mention the United Nations Organisation Convention on transnational organized crime, opened for signature in Palermo Italy on December 12, 2000 and the two additional Protocols (Protocol to prevent, suppress and punish trafficking in persons, women and children and Protocol against migrants trafficking by land, sea and air) and also at the international regional level the Council of Europe Convention on action against trafficking in human beings Warsaw, May 16, 2005.
Aurora-Elena Gavris
148017035
Drepturile, Protectia Si Asistenta Victimelor Traficului De Persoane In Cursul Procesului Penal Perspective Juridice Si Psihosociale (The Rights, Protection and Assistance for Victims of Human Trafficking During Criminal Procedure Judicial and Psychosocial Perspective)
Romanian Abstract: Traficul de persoane este o infractiune care are un impact coplesitor asupra persoanelor, in special in privinta conditiei psihice. Studiile demonstreaza faptul ca victimile exploatarii sexuale, sclaviei si traficului de organe sunt marcate pe viata ca urmare a conditiilor inumane in care sunt tinute.Odata prinse in ciclul traficului de persoane, victimele sunt supuse unor serii de tratamente inumane si injositoare, fortate sa presteze servicii de orice fel sau, mai mult decat atat, unele dintre ele sunt supuse prelevarilor de organe, fapt ce conduce la instituirea in mentalul victimelor a unor temeri constante ce nu pot fi inlaturate prin tratamente medicale.Intimidarea, abuzurile fizice si sexuale, privarea de hrana si asistenta medicala, supunerea la conditii de trai precare si amenintarile traficantilor reprezinta o categorie de abuzuri des intalnite la care sunt supuse victimele traficului de persoane.Pentru a trece peste aceste evenimente traumatice, vicitimile traficului de persoane trebuie sa primeasca ajutor de specialitate si protectie adecvata din partea politiei pentru a se simti in siguranta cand depun marturie impotriva traficantilor. Sub nicio forma, victimele nu trebuie fortate sa ofere informatii impotriva vointei lor. Practica judiciara a dovedit faptul ca majoritatea victimelor nu cunosc procedurile judiciare, iar atunci cand sunt identificate de catre organele de politie, nu coopereaza intotdeauna, din cauza ca au trecut prin experiente traumatice, asadar sunt reticienti in a vorbi despre cele intamplate.Este esential ca politia, organele judiciare si organizatiile neguvernamentale sa colaboreaze pentru a convinge victimele sa colaboreze si sa participe activ in urmarirea penala, pentru a le fi asigurata protectia, si pentru a preveni astfel de evenimente pe viitor.English Abstract: Human trafficking crime has an overwhelming impact on the person, especially regarding mental condition. Researches reveal the fact that a victim of sexual exploitation, slavery or organs theft are marked for life due to the inhumane conditions in which they have been kept.Once trapped in the cycle of trafficking, victims are subjected to a series of inhuman and degrading treatments, forced to provide services of any kind or, more importantly, some of them are subjects to the removal of organs, leading to the establishment in the mentality of the victims of constant fears that cannot be eliminated through medical treatment.Intimidation, physical and sexual abuse, deprivation of food and medical care, subjected to poor living conditions and threats are common types of abuses suffered by victims of trafficking.In order to get over the traumatic events, the victims of human trafficking must get special treatment and adequate protection from police in order to feel safe when testifying against the traffickers. By any means, the victims should not be forced to give information against their will.Judicial practice has proven the fact that most victims are not aware of the judicial procedures, and when they are identified by the police, they do not always cooperate, because they suffered traumatic experiences, therefore they do not feel comfortable talking about what has happened to them. It is essential that the police, judiciary bodies and non governmental organizations collaborate with each other in order to convince the victims to cooperate and actively participate in the criminal procedures, so that they are able to help and protect victims, bring them justice, and also to prevent this kind of events from happening in the future.
Adrian Iacob Catalin Golop
213991918
Legal Protection for Child Victims of Criminal Acts of Human Trafficking in Indonesia
Human trafficking has been interpreted as the effect of social disorganization and crime caused by various social factors. Social changes led women and children to leave their homes and villages to scavenge for higher income in another region or country. The research used a normative juridical approach as its method. As the specification of research is descriptive, the analysis method is juridical analytical. Secondary legal materials are presented in the form of primary and secondary. Practical actions are needed to protect and eradicate human trafficking, especially for children. It needs a comprehensive international approach from the countries of origin, transit, and destination. The Government has an obligation to respect, protect, and fulfill the rights of the child, which are contained in some regulations: the Constitution, Act No. 4 Year 1979 about Child Welfare, Act No. 3 Year 1997 Judicial of the Child, Act No. 35 Year 2014 about Child Protection, Act No. 13 Year 2006 on the Protection of Witnesses and Victims, Act No. 21 Year 2007 of PTPPO, The National Plan of Action, Presidential Decree No. 88 Year 2002.
Noer Indriati
216354482
The Elastic Meaning(s) of Human Trafficking
What is human trafficking? When is an expansive definition of trafficking justifiable? How does trafficking relate to other concepts like domestic violence, sexual assault, labor exploitation, and prostitution with which it often overlaps? These questions have become increasingly salient after the U.S. Congress defined the crime of human trafficking in the Victims of Trafficking and Violence Protection Act of 2000 "TVPA" Since then, all fifty states have passed legislation with varying definitions of the crime. Congress also has re entered the field with subsequent legislation, expanding the crime to capture new conduct. As a result of legislative advocacy and judicial interpretation, the legal definition of human trafficking in the United States has now broadened to include a remarkably wide variety of actors and conduct. This is particularly evident in the context of sex trafficking. Buyers of sex, online platforms, and hotels increasingly have been caught in the anti trafficking crosshairs and targeted with increased criminal and civil liability. In addition, prosecutors, plaintiffs, and legislators have reframed new conduct as trafficking. In some states, for example, almost all commercial sex is now sex trafficking. In other contexts, previously discrete gender based crimes, such as domestic violence and sexual assault, are categorized as trafficking. This Article examines the historical and continuing expansion of trafficking definitions in the United States with a particular focus on sex trafficking. It posits that the broadening trafficking framework offers solutions to intractable problems that have bedeviled prosecutors and victim rights advocates since 2000. However, the expansion also poses risks of its own to the rights of victims, defendants, and the continued viability of the trafficking framework. This Article argues that the next wave of reform should involve selective broadening and pruning. It cautions against an overly ambitious future expansion, arguing that it risks endangering the strength and legitimacy of the trafficking concept itself.
Julie Dahlstrom
158772791
Human Smuggling and Trafficking from Nigeria, Thailand and Brazil: Manipulating Social and Cultural Capital. An analysis of 38 Belgian judicial files
Johan Leman Stef Janssens
234150844
Exploring the role of Spanish judges in the investigation and prosecution of human trafficking for the purpose of sexual exploitation
This study explores the difficulties that Spanish judges face during the judicial investigation and trial of the trafficking of human beings for sexual exploitation. Here, we highlight the issues o.
Carmen Meneses-Falcon Antonio Rua-Vieites Jorge Uroz-Olivares
145440391
Some Criminogenic Factors of Trafficking in Human Beings; Cases of Judicial Practice in Albania
This research has been conducted to examine the criminal etiology which is focused in studying and analyzing the risk factors that are highly associated with the criminal conduct. These factors are related to the knowing of the resources and defining the circumstances of criminality such as human being's trafficking. Thus, criminal etiology has been considered until lately as the main part of the science of criminology. It is also considered as an important section of studies and researches onto human's trafficking criminality. This research scope is to show the causes and the circumstances that are being considered of all criminal behaviors and other sociological factors (objective and subjective factors which are involved in recognizing, defining and analyzing the criminality's factors, causes and resources within a country, which in our case it is Albania) Along with trafficking for recruiting persons in a criminal network, for illicit organ transplant, or even for different exploitations, trafficking for sexual exploitation remains the widest category that compounds this crime. The simplest reason is that this kind of "service" will always generate the biggest incomes for the traffic dealers. This research has put into evidence the major factors which contribute to the trafficking of human beings mainly in Albania during the period from 2001 to 2005. DOI: 10.5901/ajis.2014.v3n4p361
Ma Naim Tota
158140673
Uncovering labour exploitation: Lights and shadows on the latest European Court of Human Rights' case law on human trafficking
For the first time, the European Court of Human Rights (ECtHR) qualified two labour exploitation cases as human trafficking. In examining these two latest judgments in the light of the Court's earlier trafficking case law, this study highlights that, despite some positive contributions, a regressive trend prevails. The Court fails to establish a clear distinction between the concepts of human trafficking and forced labour the very existence of the latter being threatened by its conflation with trafficking and substantially lowers standards with respect to states' positive obligations, mainly in relation to the establishment of an adequate normative framework and to judicial cooperation in cross border trafficking cases. Worryingly, while confusion persists around the understanding of the international definition of trafficking and its relevance under Article 4 ECHR, the holistic approach to positive obligations initially taken by the Court in Rantsev is progressively being eroded, in full contradiction with its positive obligations doctrine and European anti trafficking law.
Valentina Milano
219385129
The Modern Trend of Human Trafficking in Africa and the Role of the African Union (AU)
This paper examines the role of the African Union, (AU) in combatting human trafficking. The paper will utilize a mixed methodology to examine the response of AU on the effects of human trafficking in Africa, using both qualitative analysis and a case study of some African countries and their anti trafficking mechanisms. This method has been selected to incorporate both a broad reaching evaluation of mechanisms within the AU region directed at combating human trafficking and a detail focused perspective of how these mechanisms have affected trafficking patterns throughout AU member states. To comprehensively evaluate the effectiveness of AU in combating human trafficking in Africa, the qualitative analysis used in this paper is based on the various editions of US Department of State's Trafficking in Persons Reports. These reports evaluate both the realities of human trafficking within a nation as well as governmental and judicial response to trafficking issues.
Chris Mensah-Ankrah Rex Osei Sarpong