Sex Trafficking: A Private Law Response
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Most importantly this research and any solutions MUST be informed by the experiences and perspectives of survivors. The brief also mentions the insufficiency of existing legal frameworks and recommends that gaps in legal systems be identified and addressed. We entirely agree with this; the existing legal frameworks are diverse and insufficient to handle the transnational and ever evolving nature of technology and the internet.
Different national legal frameworks alone will not be sufficient to address the issue, furthermore reliance on national frameworks would result in different standards and not everyone around the world being afforded protection. We feel that a reporting mechanism on the implementation of the Palermo Protocol and any additional amendments is equally important in ensuring effectiveness and accountability, for both governments and tech companies.
Equality Now sees a clear role for governments to work with international bodies, tech companies and civil society to come up with a convention or common regulations highlighting responsibility and accountability of all actors involved in the trafficking chain. We are also glad to see the positive use of technology to fight human trafficking as highlighted in the brief. Technology can be harnessed in positive ways to combat trafficking, and as the ICAT brief points out many initiatives have already been launched on the use of tech in fighting human trafficking.
Adolescent girls are particularly at risk of online sex trafficking and sexual exploitation, and it is with adolescent girls that we have seen a particular gap in technological solutions. Tech solutions must also increasingly pay attention and respond to the specific issues on sexual exploitation of adolescent girls and ensure that they are not trapped in exploitation into adulthood.
It is with their technology and on their platforms that traffickers are recruiting, grooming, buying and selling their victims, but they can play an even bigger role in discovering, deterring and ultimately preventing these acts. Tech companies can be a force for good and do more than just avoid liability, they can provide solutions.
Technological and legal solutions cannot work in silos. Online sex trafficking is a global problem and requires cooperation and coordination among governments, tech companies, civil society, and survivors. The UN, at the General Assembly, and regional bodies prioritizing country level solutions that reach the lives of girls most affected is a second step, and we are encouraged to see ICAT taking a lead on this.
Optional email code. GAOR, 55th Sess. I This is one of two protocols that was part of initial international efforts to combat human trafficking. It declares a need for comprehensive international approach and measures to prevent and punish traffickers and to protect victims.
It requires each state to criminalize trafficking, protect victims, and exchange information and training. Through this source, we can understand the obligations of each signatory. We also have a foundation for the requisites of international legislation and approach to fight human trafficking. This protocol requires a comprehensive international approach to prevent trafficking of persons internationally.
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It also requires criminalization, protection, and information exchange. This source is important in context with the other United Nations convention and protocol. This is the foundation for the other two United Nations protocols listed above. This Convention is important in context with the other two protocols. Guidelines on International Protection No. High Commissioner for Refugees, U.
The United Nations issued Guidelines to provide interpretative legal guidance for making determinations about refugee status. The Guidelines complement UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the Convention and the Protocol relating to the Status of Refugees , and should be read in conjunction with other previously issued guidelines issued related to these protocols. Counter-Trafficking in Persons Policy , U. Agency for International Development.
The USAID launched this policy in to reinvigorate and focus Agency efforts to combat trafficking on concrete, measurable principles and objectives. The policy provides guidance on pursuing more effective, efficient, and evidence-based approaches in counter-trafficking. Agency for International Development The USAID published this field guide in to educate Mission personnel and partners about human trafficking, and also to provide technical assistance to integrate, design, implement, and monitor effective programs. The Agenda for Sustainable Development , G. The Agenda includes 17 Sustainable Development Goals and targets centered on economic, social, and environmental development.
The UN integrated anti-trafficking elements into three of the goals. This UN web site provides general information and links to materials produced by the UN related to human trafficking. The site provides access to UN tools and publication materials and the latest news on human trafficking and awareness campaigns. This source is important to understand the various steps the United Nations has taken to combat human trafficking.
Book Review: Sex Trafficking: A Private Law Response
Coalition Against Trafficking in Women. The site provides information on various global campaigns, programs, and projects that combat human trafficking. It also is a good resource for news articles about human trafficking in countries throughout the world. Polaris Project. This NGO web site provides information on national and local programs to increase awareness of human trafficking and to protect victims.
It also is a good source to access legislation and the latest news on human trafficking. The Freedom Fund. This resource details specific hotspot programs and global initiatives, and also offers access to recent news, reports, and press releases regarding human trafficking issues. It is a comprehensive resource for the comparison of international efforts worldwide. The USAID is the federal government agency primarily responsible for administering civilian foreign aid.
This site details its involvement in counter-trafficking efforts.
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Lauren A. This paper explores the challenges inherent in obtaining a consistent definition of trafficking and in developing appropriate methods of measuring trafficking. It outlines the debates over these issues and suggests directions for future research that can reveal the complexities of the phenomenon but also clarify the understanding of experiences and processes that drive trafficking.
Mohamed Y. This paper discusses the transnational nature of the crime of human trafficking and emphasizes the need for cooperation to combat this crime. The article examines international legal standards of combatting human trafficking and compares various methods of cooperation. It further provides recommendations for the incorporation of a translational legal response for any comprehensive strategy to combat human trafficking. This paper discusses the issues with the current legal instruments developed for combatting human trafficking and offers possible solutions.
It specifically calls for a paradigm shift in anti-trafficking policy, and suggests how such changes may be incorporated into existing anti-trafficking regimes. Gender, Soc. This paper is the first comprehensive study that examines the cases decided in accordance with the Trafficking Victims Protection Act.
The article discusses how courts have categorized the crime of human trafficking and their definitions of the elements of the crime. It also examines constitutional challenges that have been raised by defendants and the reasons for their failure. Refugee L. This paper reviews the UNHCR Guidelines on the application of the Refugee Convention to trafficking victims and analyzes how refugee laws can apply to these victims.
How Lawyers Can Help Human Trafficking Victims | The Colleges of Law
It provides a comprehensive overview of the Guidelines and how they can be used to benefit victims of trafficking. This paper reviews the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as well as various national and international efforts to combat human trafficking. Article gives a comparative study of various anti-trafficking legislations and provides a model framework for trafficking legislation. It gives five requirements: 1 criminalizing of all forms of trafficking, 2 identifying victims and guaranteeing basic human rights, 3 adopting comprehensive prevention, protection, provision, prosecution, and participation approaches, 4 targeting all actors in human trafficking organization, and 5 acknowledging human trafficking as an international crime.
It is a great article for a basic framework of anti-trafficking legislation, with a broad overview and evaluation of the various legislations already in place in the international system. Furthermore, its model framework idea is extremely helpful as a launch pad for a more comprehensive recommendation to the international community. The note explores a novel idea about the potation for civil redress for human trafficking victims under tort claims in the United States.
The paper first gives an overview of tactics used by traffickers to bring victims into the United States and then examines the forced labor conditions. It then critiques the protections afforded to victims under the current legislative framework and argues for civil causes of action, using California law as a model. The article helps the research in understanding how traffickers lure their victims and the conditions of forced labor within the United States.
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Additionally, the argument for tort claims is an interesting and new idea that can possibly be explored further to determine its feasibility in the international legal framework. World Aff.
It identifies several problems in the international community that contributes to the proliferation of human trafficking. It also gives fairly broad recommendations for countries to take preventive, protective, and legislative measures to fight trafficking. This paper is good for research because it focuses more on the United Nations protocols and international framework. It begins with general information about human trafficking, giving an expansive definition. The bibliography itself covers a broad array of what the author considers to be human trafficking, and it also focuses on international human rights law and trafficking legislation in various countries including the United States, China, and Southeast Asia.
This is an extremely comprehensive resource tool with annotations on dozens of articles in the field. It cuts out half of the research work. Great source to use for further research on human trafficking, although some of the articles are a bit old. Shaheen P. The paper looks at specific experiences of victims who were trafficked and forced into prostitution.
It looks at the historical development of trafficking and prostitution, and then the modern recruitment of women for trafficking and prostitution. The conclusion explores a legal framework to combat the problem under the Thirteenth Amendment outlawing slavery and indentured servitude.
Combating domestic minor sex trafficking
This is a good source for information about prostitution and indentured servitude. It provides the Thirteenth Amendment as a unique argument and method for the legal fight against human trafficking. Robin M. Rumpf, U. This report provides an overview of the U.