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The Traffi cking Protocol is a criminal law instrument that includes some human rights provisions. It may be argued that some of these are weak – especially because of their wording “shall consider” and “where appropriate” and that a lot are not included such as compensation, witness protection, and other issues discussed above. All of this however should not be taken as too big a disadvantage from a human rights perspective. Areas not covered by the Protocol can be supplemented by international human rights law and the applicable human rights norms and principles can be enforced through the established mechanisms on the international and regional level. The Protocol can for its part promote cooperation and play a role in bridging two fi eld of law and hopefully making one reinforce the other. Violations of human rights and international criminal law are inter-linked. 343 Traffi cking falls under different branches of international law simultaneously. The existence of overlapping between international human rights law, international criminal law and trans-national criminal law does not mean that these branches are in confl ict with one another, instead they are mutually reinforcing. 344 The main purpose of human rights law is protection of the basic rights of the individual human beings; therefore obligations are imposed not in relation to other states but towards all individuals within a states jurisdiction. This means that international human rights law is not necessarily suited to promote international cooperation and mutual assistance since these are examples of obligations towards other states not individuals. This can be compensated by transnational and international criminal law. On the other hand trans-national criminal law has diffi culties in obtaining harmonisation of defi nitions and is not well equipped to deal with defendants’ rights. These weaknesses may be compensated by international human rights law. 345 A human rights analysis of traffi cking shows that the practice affects economic, social, cultural as well as civil and political rights, and also that respect for all of these infl uence traffi cking. It also highlights how protection and respect for witnesses/victims are important not only from a human rights point of view but crucial for the criminal justice angle too. It shows the weaknesses of human rights enforcement, but shows how a human rights framework is necessary in all law enforcement to have an effective system and how the two systems may reinforce each other. The clear obligation of states to have a penal law system which protects individuals from the criminal acts of other individuals – acts which if committed by the state would have been clear violations of human rights – also demonstrates how interlinked the two systems are. An effective implementation of criminal law may lead to more effective protection 343 Ibid. p. 133. See Cassese, A.: International Criminal Law (OUP, 2003), Merton, T.: Human Rights and Humanitarian Norms as Customary International Law (Clarendon, 1989), Sunga, L.S.: Individual Responsibility in International law for Serious Human Rights Violations (Martin Nijhoff, 1992), Ratner, S.R. and Abrams, J.A.: Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy (OUP, 2001). 344 Ibid. p. 166. 345 Ibid. p. 169. 121
of human rights and may even in some cases lead to direct prosecution for human rights violations within a criminal law system – such as the Traffi cking Protocol thus giving more “teeth” to prosecution for human rights violations, both directly related to e.g. the Traffi cking Protocol but also, by creating precedence, establishing an environment in which it becomes more normal that human rights violations are prosecuted and perpetrators should expect to be held accountable. 122
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United Nations Educational, Scienti
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UNESCO migration studies 3 Series e
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Human Rights Law 66 Development of
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Note on Author Kristina Touzenis ha
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countries with economies in transit
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nonetheless these instruments mark
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The legal aspect of traffi cking is
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enhanced knowledge of the phenomeno
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Broadly speaking, poverty, unemploy
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Considering the complexity of the p
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The perhaps most innovative report
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THE WAY FORWARD IN POSSIBLE RESEARC
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and considers the consent of the
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35 Organizing or directing others t
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TRAFFICKING AND SMUGGLING - AN IMPO
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often be diffi cult for law enforce
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group argued that ’traffi cking
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ecruitments agency’s responsibili
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workers to authorities if they refu
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The Travaux Préparatories, in para
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Forced labour Bonded labour and deb
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ILO Declaration on Fundamental Prin
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and servitude clarifi es that while
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sex industry is frequently illegal
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idea that traffi cking for forced p
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labour exploitation and services ar
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Criminal Law Traffi cking and smugg
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treatment. 131 In A v. United Kingd
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circumstances, including offences i
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supply and demand in the traffi cki
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from a traffi cking ordeal is compa
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Common criminal off ences Traffi ck
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The gravity of traffi cking is perh
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Human Rights Law It has widely been
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makes the obvious evident - the Pro
Page 71 and 72: Members of the Human Rights Caucus,
Page 73 and 74: 3) examining the possibilities of g
Page 75 and 76: particular about their legal rights
Page 77 and 78: support person and interpreter, are
Page 79 and 80: Interaction with the TOC in witness
Page 81 and 82: and profi ts are hardly ever traced
Page 83 and 84: provisions made for the victims’
Page 85 and 86: occurs in the context of organized
Page 87 and 88: shall adopt appropriate legislative
Page 89 and 90: case is that the Court emphasised t
Page 91 and 92: OTHER RELEVANT HUMAN RIGHTS INSTRUM
Page 93 and 94: of the Child on the sale of childre
Page 95 and 96: PREVENTION - A HOLISTIC APPROACH Ad
Page 97 and 98: Studies have revealed how, througho
Page 99 and 100: Traffi cking in persons is - like a
Page 101 and 102: It thus results that any effective
Page 103 and 104: epresent confusion or disagreement.
Page 105 and 106: ealisation of the right to food. 28
Page 107 and 108: y state agents, (the duty on the St
Page 109 and 110: must also be sensitized to the para
Page 111 and 112: One of the three purposes of the Tr
Page 113 and 114: cases where it has been established
Page 115 and 116: victims compensation fund. Traffi c
Page 117 and 118: Protection and support for the traf
Page 119 and 120: their territories until the identif
Page 121: entry into or residence in countrie
Page 125 and 126: Current policy for counteracting hu
Page 127 and 128: The contemporary regulation of huma
Page 129 and 130: of a residence permit and the right
Page 131 and 132: measures. The question of whether o
Page 133 and 134: availability of legal and sustainab
Page 135 and 136: ut nonetheless refl ects the kind o
Page 137 and 138: Current Trends in Traffi cking The
Page 139 and 140: There is still a lack of quantitati
Page 141 and 142: traffi cking are embedded in social
Page 143 and 144: further below). Most identifi ed hu
Page 145 and 146: In the construction sector: Exploit
Page 147 and 148: harms. At the same time, if one avo
Page 149 and 150: protection laws. Such differences b
Page 151 and 152: guards, labour inspectors, immigrat
Page 153 and 154: The fact that there are very few pr
Page 155 and 156: evidence to prove the crime and to
Page 157 and 158: Hence, migration departments and la
Page 159 and 160: The Recommended Principles and Guid
Page 161 and 162: traffi cking. Such cooperative mech
Page 163 and 164: prevention including respect for so
Page 165 and 166: To sign and ratify the Protocol to
Page 167 and 168: victims may be based on different f
Page 169 and 170: Fekete, L.: Canary Island Tragedy:
Page 171 and 172: Piotrowicz, R.: Trafficking of Huma
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UNODC: Global Patterns in Human Tra
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