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Table of Contents Acknowledgements 5 Note on the Author 6 Introduction 7 Foreword: UNESCO on Traffi cking of Human Beings 13 Defi nition of Traffi cking 23 Traffi cking and smuggling – an important distinction 28 Traffi cking and sexual exploitation 30 Consent 32 Agency 35 Means used by traffi ckers 35 Force and Coercion 35 Fraud, Deception and abuse of power 36 Abuse of a position of vulnerability 37 Defi nitions of exploitation 38 Forced labour 40 Traffi cking and labour rights 41 Slavery and servitude 43 Exploitation of the prostitution of others and other forms of sexual exploitation 45 Removal of organs 46 Focusing on Specifi c Groups – Pros and Cons 47 Criminal Law 52 Requirements for national legislation 53 Offenders 56 Internal traffi cking 58 Victim Centred criminal law approach 59 Related offences – interaction between the TOC and the Protocol 60 Common criminal offences 62 A crime against humanity? 63
Human Rights Law 66 Development of the Protocol and human rights 69 The Protocol’s human rights aspects 71 Rights related to proceedings 73 Rights related to assistance 74 Right to information 76 Child Victims 77 Inter-action with the TOC in witness and victim protection 78 Compensation 79 Residence and/or refl ection period 80 Return 83 Where the Protocol fails to address the human rights issue adequately 84 Recommended principles and guidelines on human rights and human traffi cking 85 The Council of Europe Convention against Traffi cking and the European Convention and Court of Human Rights 87 Other relevant human rights instruments 90 Prevention – a holistic approach 94 Bridging Branches of Law 101 Third parties – human rights violations? 103 Horizontal protection 105 Protective measures 109 The obligation to investigate and prosecute (ensure) – respect for the rule of law 111 human rights aspects in the TOC – a clear criminal law instrument 113 Victims/witnesses 114 Identifi cation 117 Non-punishments of victims 119 Conclusion 120 Current Responses to Traffi cking 123 Migration policies and traffi cking 125 Current Trends in Traffi cking 136 Factors infl uencing traffi cking trends 140 Forms of traffi cking reported 141 Traffi ckers’ characteristics 142 “Soft Traffi cking” 143 Implementation 147 Monitoring and reporting mechanisms 157 Cross-border cooperation 159 Conclusions 161
Page 1 and 2: United Nations Educational, Scienti
Page 3: UNESCO migration studies 3 Series e
Page 7 and 8: Note on Author Kristina Touzenis ha
Page 9 and 10: countries with economies in transit
Page 11 and 12: nonetheless these instruments mark
Page 13 and 14: The legal aspect of traffi cking is
Page 15 and 16: enhanced knowledge of the phenomeno
Page 17 and 18: Broadly speaking, poverty, unemploy
Page 19 and 20: Considering the complexity of the p
Page 21 and 22: The perhaps most innovative report
Page 23 and 24: THE WAY FORWARD IN POSSIBLE RESEARC
Page 25 and 26: and considers the consent of the
Page 27 and 28: 35 Organizing or directing others t
Page 29 and 30: TRAFFICKING AND SMUGGLING - AN IMPO
Page 31 and 32: often be diffi cult for law enforce
Page 33 and 34: group argued that ’traffi cking
Page 35 and 36: ecruitments agency’s responsibili
Page 37 and 38: workers to authorities if they refu
Page 39 and 40: The Travaux Préparatories, in para
Page 41 and 42: Forced labour Bonded labour and deb
Page 43 and 44: ILO Declaration on Fundamental Prin
Page 45 and 46: and servitude clarifi es that while
Page 47 and 48: sex industry is frequently illegal
Page 49 and 50: idea that traffi cking for forced p
Page 51 and 52: labour exploitation and services ar
Page 53 and 54: Criminal Law Traffi cking and smugg
Page 55 and 56:
treatment. 131 In A v. United Kingd
Page 57 and 58:
circumstances, including offences i
Page 59 and 60:
supply and demand in the traffi cki
Page 61 and 62:
from a traffi cking ordeal is compa
Page 63 and 64:
Common criminal off ences Traffi ck
Page 65 and 66:
The gravity of traffi cking is perh
Page 67 and 68:
Human Rights Law It has widely been
Page 69 and 70:
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 and 122:
entry into or residence in countrie
Page 123 and 124:
of human rights and may even in som
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
Page 173 and 174:
UNODC: Global Patterns in Human Tra
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